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(영문) 서울중앙지방법원 2020.12.18 2020가합520067

손해배상(기)

Text

1. The Defendant: (a) KRW 40,00,00 for Plaintiff A, and KRW 15,714,285 for Plaintiff B and C; and (b) KRW 15,714,285 for Plaintiff D, respectively.

Reasons

Basic Facts

A. On February 26, 1970, Plaintiff A was indicted on the charge of violating the National Security Act (the purport that Plaintiff A conspired to form an anti-government organization with the purpose of national disturbance, such as the transfer of the Republic of Korea to socialist revolution, along with E, F, G, etc.) on February 26, 1970. 2) Seoul Criminal District Court (70Dahap7213) found Defendant A guilty of the charge of violating the National Security Act against Plaintiff A on May 21, 1973, and sentenced Plaintiff A two years of imprisonment and suspension of qualification.

Plaintiff

A appealed to the above judgment, and the Seoul High Court (73No811) reversed the first instance judgment on July 22, 1977, and sentenced the plaintiff A to 2 years of suspended execution and suspension of qualifications for 3 years of imprisonment and 2 years of suspended qualification.

(hereinafter “instant judgment subject to a retrial”). The instant judgment subject to a retrial became final and conclusive as it was not final and conclusive by the Plaintiff A and the Prosecutor.

B. On April 8, 2009, the Committee for the Settlement of History for the Truth and Reconciliation of the Truth and Reconciliation of the History of the Korean History Settlement Commission conducted an investigation into the H case, and conducted a truth-finding decision to the effect that “The Central Information Department, around July 30, 1968, arrested 13 persons, including I, into “the violation of the National Security Act” and constitutes an anti-government organization by attaching the name of “H case.” As a result of the investigation, the Central Information Board received false confession through illegal confinement for a period of time between 3 to 53 days on the part of I, and it was confirmed that there was a charge of constituting “H” and committing a criminal act of joining the H.”

C. On September 28, 2017, the prosecutor filed a petition for review with the Seoul High Court (2017 Jaeno131) regarding the instant judgment subject to a retrial.

On October 11, 2019, the above court rendered a ruling of commencing a new trial, and on December 13, 2019, each written statement in the E, F, and G Preparation was made by the Central Information Book to make a confession with an adviser, etc. in the state of illegal arrest and detention.

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