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(영문) 서울중앙지방법원 2015.01.09 2013가단5087799

손해배상(기)

Text

1. The Defendant: (a) KRW 24,509,090 for Plaintiff A; and (b) KRW 1,500,000 for Plaintiff B; and (c) for each of them, from November 21, 2014 to January 2015.

Reasons

1. Basic facts

A. During the period from October 19, 1948 to August 1949, when the No. 2, 4, 5, 12, and 15 of the Armed Forces that had been engaged in soil punishment operations in the remaining areas of the river water and the police station and the police station, etc., belonging to the female police station, killed residents on the grounds that they were anti-military co-offenders, persons suspected of sauting for the left, or vice-sauteds.

(hereinafter referred to as "marries in leisure areas") b.

On June 29, 2010, the Commission for the Settlement of History established pursuant to the Framework Act on the Settlement of History for the Truth and Reconciliation (hereinafter “Framework Act on Settlement of History”) for the Settlement of Truth (hereinafter “The Commission for the Settlement of History”) conducted an investigation into the net situation of the leisure area by means of an applicant investigation, reference witness investigation, data investigation, on-site investigation, field investigation, etc. upon request of the Commission for the Settlement of Truth. On June 29, 2010, the Commission rendered a decision to ascertain the truth that 124 residents have sacrificed for the leisure area.

(2) The truth-finding decision of this case contains the following: (a) the truth-finding decision of this case includes the fact-finding decision of this case: (b) the victim C (the family name: D) and E (hereinafter “the deceased”) as the victim of the said case.

C. Relevant plaintiffs A are the same children of C, and plaintiffs B are the children of E's sentence (k).

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 5 through 6 (including each number), Gap evidence 11 and 12, the purport of the whole pleadings

2. Determination as to liability for damages

A. The 1st Plaintiffs’ assertion by the parties infringed the Defendant’s right to a trial in accordance with due process, which is the fundamental rights of the people guaranteed by the Constitution, by killing the deceased without due process. Accordingly, the deceased and their bereaved family members suffered emotional distress.

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