beta
(영문) 서울중앙지방법원 2016.10.12 2016가합507449

손해배상(기)

Text

1. The Defendant: (a) KRW 410,882,666; (b) KRW 150,00,000; and (c) KRW 46,66,666 to the Plaintiff C; and (c) respectively.

Reasons

1. Basic facts

A. D’s investigation and trial process 1) D is a Korean national born in Japan. D entered the Korea Air Force Academy in 1969 and served as a Air Force officer in 1973, and resided in Japan during the course of operation of the Mabp and KON, etc. Around August 16, 1986, D visited Korea, and then visited Korea at the port of supply of Kimpo-si (hereinafter “Security Director”).

(2) After that, the security officer affiliated with D detained the D without a warrant of a judge until September 24, 1986, the warrant of detention was issued on the charge of violating the National Security Act.

In the course of investigating D, investigators who belong to a security company forced D to make a confession with the content that they committed a espionage act to detect and collect national secrets by breaking into Korea from members of anti-government organizations, and forced D to do so. During this process, the investigators conducted serious suspicions, such as making D, making a water adviser, etc.

3) On October 6, 1986, the case related to D was forwarded to the prosecution. D did not have received the assistance of counsel at the time of investigation by the prosecution, and even the prosecutor had been in charge of the former security investigator from the prosecutor's investigation officer before the transfer to the prosecution, he was threatened with the prosecutor that he would be unrefilled if he reversed his statement in the investigation agency before the prosecutor's investigation agency, and it was called that the prosecutor's statement was false at the time of the first investigation. (B) D was charged with the violation of the National Security Act (Spons, etc.) by the Seoul Criminal District Court 86Ra1413, Seoul Criminal Court 86Ra1413 (Spons, etc.). The summary of the facts charged was that "D got under the order of F, a member of the anti-government organization, and was a espionage act through entry into the Korea Air Force Academy and military service in Korea."

참조조문