beta
(영문) 서울중앙지방법원 2014.07.10 2014가합509656

손해배상(기)

Text

1. The Defendant each of the Plaintiffs’ KRW 314,678,80, and 5% per annum from June 20, 2014 to July 10, 2014.

Reasons

1. Basic facts

A. Illegal confinement and conviction 1) Net C (hereinafter “the deceased”).

A) A person who returned to North Korea on May 19, 1958 and returned to North Korea on May 28, 1958 and around May 23, 1960 and returned to Korea on May 23, 1960. A person who had been staying in North Korea during the above period and received education on North Korea's friendship, etc. and spons North Korea, and returned to North Korea on May 23, 1960, and collected and detected national secrets, who was an anti-government organization. A person who was sentenced to imprisonment for seven years and suspension of qualifications for a espionage, etc. on July 12, 1972, and was sentenced to a public prosecutor and the deceased and the Gwangju High Court on November 10, 1972, and became final and conclusive by the final judgment of the Supreme Court on March 26, 201 (No. 370No376 delivered on July 27, 197).

2) On August 15, 1978, the Deceased was released on August 15, 1978 while serving in prison according to the above final judgment.

B. After the decision to commence a retrial and a new judgment 1), the deceased shall be the committee for the settlement of truth and reconciliation (hereinafter “the committee for the settlement of death and death”).

On June 10, 201, based on the result of the investigation of human rights violations against the North Korean defectors, the Jeonju District Court requested a retrial on the judgment subject to a retrial to the Jeonju District Court on June 10, 201. On September 13, 2012, the Jeonju District Court recognized that the investigator of the North Korean Police Bureau was illegally detained for 16 days or more from December 30, 1971, on which the first protocol of examination of the deceased was prepared to the deceased, until the time when the warrant of detention against the deceased was issued. This is a crime of illegal arrest and confinement under Article 124 of the Criminal Act, since it was conducted without any legal basis in violation of the provisions on the restraint of human body under the Criminal Procedure Act.