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(영문) 대법원 2012.05.24 2009다22549

손해배상(기)등

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The judgment below is reversed, and the case is remanded to Busan High Court.

Reasons

The grounds of appeal are examined.

1. According to the reasoning of the lower judgment on basic facts and the evidence duly admitted by the lower court, the following facts are revealed.

The deceased A (hereinafter referred to as the “the deceased”) and the Plaintiff C, D, F, and G (hereinafter referred to as the “Plaintiff, etc.”) are all Korean nationals born from around 1923 to around 1926 in the Korean Peninsula.

H Co., Ltd. (hereinafter “former H”) is a company established in Japan and operated mechanical manufacturing stations, shipbuilding stations, etc.

B. On August 22, 1910, Japan concluded the Korea-Japan Merger Treaty with the Republic of Korea, and subsequently controlled the Korean Peninsula through the Korea-Japan General Government.

Japan gradually entered the exhibition system by causing the Man-Japanese War in 1931 and the Japanese War in 1937, and caused the Pacific War in December 8, 1941.

Japan enacted the "National Disciplinary Ordinance (Ordinance No. 451 of April 1, 1938)" under the "National Mobilization Act (Act No. 555 of April 1, 1938) on July 8, 1939, and actively promoted policies to move Korean residents living in the Korean Peninsula with special functions, such as manufacturer and repair hole, into Japan (the beginning was implemented in the form of mobilization according to the labor mobilization plan because of concerns over the resistance of Korean people), and continuously insufficient human resources and materials, the Pacific War reached the highest order of the Pacific War, and then passed a resolution on August 8, 194 with respect to the transfer of anti-Korean workers to Japan, regardless of whether or not having special functions.

According to the National Disciplinary Ordinance (Article 18), a person subject to requisition is entitled to receive benefits from employers who have used it.

C. The plaintiff et al. was made between August 194 and October 194 under the National Disciplinary Ordinance.