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(영문) 서울중앙지방법원 2021.02.25 2020가단5090922
손해배상(기)
Text

1. The Defendant: KRW 52,500,000 to Plaintiff A; KRW 42,500,000 to Plaintiff B; KRW 32,500,000 to Plaintiff C and D; and each of them.

Reasons

1. Facts of recognition;

A. The relevant Plaintiffs were children of the deceased E (F students, hereinafter “the Deceased”) and the deceased G died on June 14, 2019 as the deceased’s spouse.

B. 1) On November 8, 1972, the Deceased’s death, etc. was a person who was working as the president of H Party I district party, and was illegally arrested on the charge of violating the Martial Law by the investigators belonging to the Defendant at the residence of the deceased, on the ground that he notified the residents of the illegality of the new Constitution and the illegality of the military self-determination power, and that he did not object to the amendment of the Constitution and the violation of the military self-determination power, on November 8, 1972.

2) The investigator belonging to the defendant committed a cruel act, such as adviser, while investigating the deceased in the state of confinement, by leading the deceased to the Dongdaemun Police Station and blocking contact with the outside. The deceased was investigated for seven days in the state of illegal arrest. On November 14, 1972, the deceased died from cerebrovassis, etc. in the detention room of the same Dongdaemun Police Station.

3) As the Deceased died as above, the case, such as violation of the Martial Law against the Deceased, was concluded as a disposition without prosecution.

(c)

On June 18, 2007, the Committee for Deliberation on Restoration of Honor of and Compensation for Persons Related to Democratization Movement (hereinafter “Compensation Deliberation Committee”) decided to recognize the Deceased as a person related to Democratization Movement in accordance with Article 2 subparag. 2(a) and subparag. 1 of the Act on the Restoration of and Compensation for Persons Related to Democratization Movement (hereinafter “The Act on the Compensation for Democratization Movement”) on the grounds that he/she died after illegally arrested and being investigated by an investigative agency as above. On November 26, 2007, the Committee decided to grant compensation for death to G, who is a bereaved family member of the Deceased, to pay KRW 31,764,930 as compensation for death.

2) G, the deceased’s spouse, is the deceased’s death compensation according to the decision to pay the said death compensation around December 2007.

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