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(영문) 서울고등법원 2019.06.13 2018나2056931
손해배상(기)
Text

1. The judgment of the first instance court, including the claims expanded and reduced in this court, shall be modified as follows:

Reasons

1. Basic facts

A. From the end of September 1950 to March 1952 during the Korean War, many residents in the south East East East-dong area, including the Chosung-gun, were killed without due process of investigation under the Non-Aquatic Port under the jurisdiction of the police and the police squad of seven Sis and Guns in the area south of the Republic of Korea and the Jeonnam-dong area (Gumyang, Giyang, grop, gropical, gropical, gropical, gropical, and netcheon), on the grounds that they were the police and their families.

(hereinafter referred to as “the civilian sacrifice case in the area of Jeonnam-dong”); (b)

1) 25 persons, including Plaintiff A, etc., of the 25 persons including Plaintiff A, from February 7, 2006 to November 30, 2006, of the Framework Act on the Settlement of History for Truth and Reconciliation (hereinafter “The Act on the Settlement of History and History”).

(1) The Traculty Reconciliation Commission established under this section (hereinafter referred to as the “Regulatory Commission”) shall be

(2) The past History Settlement Commission deemed that the case of the civilian sacrifice in the area south East East East East-dong constitutes “the case of the civilian group sacrifice committed illegally during the period from August 15, 1945 to before and after the Korean War” as stipulated in Article 2(1)3 of the previous History Settlement Act, and decided to commence the investigation on it around February 2007.

3) On October 7, 2007, through January 23, 2008, the past History Settlement Board conducted an investigation of the applicant and the reference witness on the applicant’s side, conducted an investigation of the witness for the police station from December 3, 2007 to April 5, 2008, and investigated the police and military data, etc. other than that. 4) On June 24, 2008, the past History Settlement Board conducted a fact-finding decision that 35 residents in the area of the Jeonnam-dong branch, including the fatherD (hereinafter “the father”) of the Plaintiffs, were identified as victims of the civilian sacrifice in the area of the Dong-dong branch, Jeonnam-gu, Seoul as the victim of the civilian sacrifice case.

(2) The court below erred by misapprehending the legal principles as to the truth-finding decision of this case

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