beta
(영문) 서울고등법원 2013.10.31 2013나2004591

손해배상(기)

Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall set forth the attached Form 2 inheritance relationship and the amount of damage to the plaintiffs.

Reasons

1. Case summary and the presumed factual basis

A. The summary of the case is the case where the plaintiffs sought consolation money and damages for delay based on the public official's official tort by asserting that the sacrifers and their surviving families suffered mental distress by murdering the victims of this case, who were the police soldiers, etc. belonging to the defendant, who were the National Report Federation of North Korea, and the preliminary prosecutor, without following legitimate procedures, against the defendant.

The judgment of the first instance dismissed all the plaintiffs' claims on the grounds that the plaintiffs' claim for damages had already expired by prescription, and the plaintiffs appealed against this.

B. On the premise of the facts, the defendant established the National Report Federation as a separate organization that can actively transfer, manage and control the persons related to the following, while carrying out the military operations for arresting the knife force after the occurrence of the incident on October 19, 1948. On December 13, 1949, the National Report Federation of Chungcheongbuk-do established the "National Report Federation of Chungcheongbuk-do" at the Cheongju-si, Chungcheongnam-si, Cheong-si, Cheong-si, Cheong-si, Cheong-si, Cheong-si, Cheong-si, 1949. 2) On June 25, 1950, the Korean War Day Day and the Preliminary Inspection Association of Korea (including all of the serial numbers) and the purport of the whole pleadings. The defendant called the National Report Association of North Korea to strengthen the preliminary order to arrest and detain the persons related to the knife to the National Police Bureau of Do, or called the Local Police Station of 1950.

3. The Korea Coast Guard Bureau, each regional police station, CIC in the Chungcheong Zone, and military police units, etc. shall prevent news reporters from joining the people's group at the beginning and end of July 1950.