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(영문) 대법원 2018.12.27 2016다266736
손해배상(기)
Text

All appeals are dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

1. According to the reasoning of the lower judgment and the record, the following facts are acknowledged.

G is a Chinese national residing in North Korea, and around April 25, 2004, G entered the Republic of Korea and settled in the Republic of Korea upon receiving a decision of protection under the North Korean Refugees Protection and Settlement Support Act (hereinafter “North Korean Refugees Act”).

H is a student of G, who was born in North Korea, in North Korea. Around October 30, 2012, the Republic of Korea entered the Republic of Korea and applied for protection under the North Korean Refugees Act. Around that time, the head of the NIS was admitted to the Central Joint Examination Center, a temporary protective facility established and operated by the head of the NIS pursuant to the North Korean Refugees Act.

B. Around February 2011, the National Intelligence Service secured the statement from other North Korean defectors to the effect that G entered the Republic of Korea by pretending to North Korean defectors, and that H, who is a her birth, attempted to enter the Republic of Korea immediately.

H denied the fact that it was a rhetor in the early stage of confinement in the course of investigating the entry process, etc. by the NIS investigator, but on November 5, 2012, acknowledged that the NIS investigator himself was a Chinese national and did not acquire the North Korean nationality.

Since then, the National Intelligence Service had H prepare a statement or written confirmation several times, and conducted a four-time investigation into witnesses, etc., and secured the statement that “I received information on the identity, etc. of the North Korean defectors collected from the North Korean defectors who reside in North Korea during his/her residence in North Korea from the North Korea and delivered it to the North Korean Hah-do Hah-do, and entered the Republic of Korea for the purpose of collecting information on North Korean defectors along with G according to the direction of the K and delivering it to North Korea.”

On January 10, 2013, based on H’s statement secured by the Central Joint Examination Center, the National Intelligence Service arrested G on the charge of violating the National Security Act (espionage), etc., and issued a detention warrant on January 12, 2013.

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