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(영문) 서울중앙지방법원 2014.09.26 2013가합531144

손해배상(기)

Text

1. The plaintiff B's lawsuit shall be dismissed.

2. The defendant

A. As to Plaintiff A, KRW 149,647,240 and KRW 9,647,240 among them.

Reasons

1. Basic facts

A. 1) The Army Security Command (hereinafter “Security Command”) against the Plaintiffs, etc.

() At the time, investigators belonging to the J University were admitted to the above university in 1971, and the rest of the plaintiffs were admitted to the above university in 1974. However, on March 1, 1974, the plaintiffs C was removed from the above university. From November 29, 1975 to November 23, 1975 without a warrant, the plaintiffs A, B, and C around December 23, 1975 to December 23, 1975, and the plaintiffs E, F, G, H, and I were committed on January 1, 1976. After that, the investigators belonging to the K University were drafted with each of the plaintiffs in the process of collecting or losing the security movement or losing the report, and each of the plaintiffs was stated as "the plaintiffs' acts of receiving or losing the report." < Amended by Act No. 2790, Dec. 29, 1976; Act No. 20020, Jan. 29, 1976>

On the other hand, each protocol of interrogation or statement of the plaintiffs and relevant witnesses prepared by judicial police officers are written as "Si/Gun Security Headquarters", and all investigation places are written as "Si/Gun Security K", which was a judicial police officer belonging to the Central Information Department at the time of investigation.

However, in the case of “Investigators” in each of the above protocol, part of “Investigators K” is written in Korean, and part is written in Chinese, and the body is also written in a different manner.

At the time of the investigation by the Criminal Procedure Commission, L, an investigator belonging to the National Security Agency, was a major case related to the Plaintiff, and there were many suspects, thereby investigating as well as all employees of the National Security Agency. When the investigation is conducted, the investigator belonging to the National Information Agency did not have participated, and the investigator attached the written statement, etc. with the seal of the investigator belonging to the National Information Agency.”

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