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(영문) 창원지방법원 2015.05.14 2014가합35938
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

(a) The same month from July 1950 to the same month, among those in which the attack of North Korean forces against the Jinju area was imminent after the outbreak of war on June 25, 1950, around July 25, 1950;

7. From among prisoners who were confined in the Jinju Office by the end of 26, a case was occurred in which prisoners and news reporters were posted on the cIC, a military police officer, and a police officer murdered and retired collectively;

(hereinafter referred to as the “sacrific sacrifice case against Jinju”); (b)

The Korean War Veterans Organization Committee established pursuant to the Framework Act on the Settlement of History for Truth and Reconciliation (hereinafter “Reconciliation Committee”) received and investigated an application for ascertaining the truth of the persons involved in the case of sacrifice of inmates serving in the North Korean War in Busan. On February 18, 2009, the Korean War Veterans Organization Committee rendered a truth-finding decision as to “the case of sacrifice of inmates serving in the North Korean War who were serving in the North Korean War area,” including the case of sacrifice of the above Jinju-do Office, and confirmed that E (hereinafter “the deceased”), who was sentenced to two years of imprisonment with prison labor for violating the National Security Act, was killed by a military police officer, etc. on July 1950.

C. The Plaintiffs are the grandchildren of the Deceased.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, 2 (including a paper number; hereinafter the same shall apply), 3, 4, and 5, and the purport of the whole pleadings and arguments

2. The parties' assertion

A. The Plaintiffs’ assertion that the soldiers and police officers murdered the Deceased constitutes a tort that infringes on the fundamental rights of the people, the freedom of body, and the right to life.

Therefore, the defendant is obligated to compensate for mental damage suffered by the plaintiffs' mother-friendly net F as the deceased and their bereaved family members due to public official's tort. Thus, the defendant is obligated to pay to the plaintiffs the money stated in the attached list of inheritance relations, etc. and compensation for delay.

B. The defendant's assertion 1 plaintiffs are submitted.

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