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(영문) 인천지방법원 2017.05.26 2016가단251184

약정금

Text

1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The plaintiff and the designated parties (hereinafter referred to as the "Plaintiffs") are the children of the defendant.

B. On April 29, 1959, the Defendant goes on and is engaged in fishing at C in the North Korean sea area northwest-do.

On May 5, 1959, North Korea has been detained for 9 days after being returned to North Korea, and on June 13, 1963, it was returned to North Korea on June 27, 1963.

C. On September 12, 1977, the defendant was arrested and investigated by the investigator of the Incheon Police Station without a warrant, and then escaped to an area under the control of an anti-government organization, and leaked anti-public law facts and national secrets such as violation of the National Security Act, such as escape from an area under the control of an anti-government organization, and locked from an area under the control of the Republic of Korea from an area under the control of the Republic of Korea, the public prosecution was instituted under the control of the Republic of Korea. On April 8, 1978, the Seoul District Court convicted all the above facts charged and sentenced the defendant life imprisonment on April 8, 1978, and the Seoul High Court reversed the above judgment on the ground of unfair sentencing on August 2, 1978 and sentenced the defendant 15 years of imprisonment and suspension of qualification to the defendant.

(78No558: hereinafter “instant judgment subject to a retrial”) The said judgment became final and conclusive on November 14, 1978 by the Defendant’s final appeal was dismissed (Supreme Court Decision 78Do2264).

The defendant was arrested by the investigator of the Incheon Police Station on September 12, 197, and was executed on October 10, 197, and was detained for more than 12 years and 3 months until he was released on parole on December 23, 1989. The defendant was detained for more than 6 years from July 25, 1990 to September 2, 196 and was living under the surveillance and control of the investigative agency.

E. After having undergone an investigation into the above espionage case against the Defendant, the Korean Film Commission for Truth and Reconciliation for 29 days from September 12, 197 to October 10, 197.