beta
(영문) 서울중앙지방법원 2014.02.17 2013가단5082985

손해배상(기)

Text

1. The defendant 12,906,666 won, plaintiff B, C, and D respectively, and 4,106,666 won, plaintiff E, 4,32,307 won, plaintiff F, G, and the plaintiff.

Reasons

1. Basic facts

A. (1) On October 19, 1948, the Korean Armed Forces Group 14, who was stationed in the Vietnam War on October 19, 1948, caused a disturbance during the period of being called up for the suppression of the Jeju 43 Incident, and thereafter the group of insurrection, who had escaped from Dogsan to Dogsan, was engaged in prompt mountain activities in Dogsan.

(2) The armed forces and the police, etc. were collectively killed on suspicion that civilians living in the area of Gyeongsan, Hayang, Hodong, and Cheongsan who had been living in the area of Gyeongnam-do while performing their duties of cryp operations as soon as possible were promptly killed.

(hereinafter referred to as "Seo-nam Civilian sacrifice case"). (b)

The Committee on the Settlement of History for Truth and Reconciliation established pursuant to the Framework Act on the Settlement of History for Truth and Reconciliation (hereinafter “The Act on the Settlement of History”) was to conduct an investigation, data investigation, on-site investigation, etc. on the case of the sacrifice of the civilian in Western-do, Seogyeong-do, and as a result, on June 30, 2010, conducted a truth-finding decision (hereinafter “the fact-finding decision of the civilian’s sacrifice”) to the effect that “The deceased K confirmed the sacrifice on September 19, 1949” (hereinafter “the fact-finding decision of the civilian’s sacrifice”).

(1) Some of the sacrifers of the sacrifics of the Western-Gyeong-Gyeong-nam (Sacrifics and Haak-dong) case were confirmed, but most of them were engaged in agriculture unrelated to the following activities.

At the time, the perpetrator killed the victim without undergoing due process on whether the victim committed the illegal act.

(2) The subject of the instant case was confirmed to be the police of the National Armed Forces, such as the 5th century, which had been promptly engaged in the Dogsan District prior to the Korean War, and the United States Armed Forces and the United States Armed Forces, the development, river, and the Cheongsan Police Station.

(3) The military forces and the police who must perform the primary mission of protecting the lives and property of the people in the Seocho-Gyeong-do case.