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1. Claim for A, AR, AS, AS, AT, AU, Plaintiff AZ, BA, BB, BC, DA, and BD, which were additionally expanded in the trial of the Plaintiff CB.
Reasons
1. Occurrence of liability for damages;
A. An investigation report by the past management committee for the settlement of truth in the relevant legal principles (hereinafter “the former management committee”) is a flexible evidence in a civil lawsuit claiming damages against the State, barring any special circumstance.
In particular, considering the fact that the defendant himself/herself was unable to conceal or even punish the attempt to find the truth regarding the illegal acts before and after the Korean War, it is inappropriate to require the defendant to strictly prove the fact that the person subject to the application for ascertaining the truth was sacrificeed by evident evidence, such as the body of the victim or the statement of a witness directly before and after the Korean War, in view of the fact that the objective evidence has been destroyed for more than three years and that a considerable number of persons who were aware of the individual cases have died.
Nevertheless, without examining the relevance, credibility, etc. of the basis of recognition, solely on the fact that a decision of the committee on the settlement of past history was rendered to confirm the victims or to presume the victims, all of such persons shall be determined without room for a dispute over the fact that they were victims by the military or the police, etc., and thus, the State's tort liability should not be recognized.
In the end, there is considerable credibility in the investigation report of the past reorganization committee to arrange the overall flow of the case and the present situation and the overall contents of the case.
However, in the case of a claim for civil damages against the state, it shall undergo the procedure of confirmation by evidence, such as individually examining the relevant part of the investigation report as to whether an individual party is a victim of the relevant case in the whole Gu.
Therefore, the investigation report or disposition of the past reorganization committee is legal until the procedure is completed.