(영문) 서울행정법원 2011.10.20. 선고 2010구합3374 판결

1. The Presidential Committee for Finding the Truth of Anti-National Acts shall revoke the part of the Presidential Decree on Finding the Truth of Anti-National Acts as pro-Japanese acts as defined in Article 2 subparagraph 13 of the Special Act on Finding the Truth of Anti-National Acts under the Japanese colonial Rule No. 209

2. The plaintiffs' remaining claims are dismissed.

3. Of the costs of lawsuit, 2/3 shall be borne by the Plaintiffs, and the remainder by the Defendant.

Purport of claim

Article 2 subparag. 11, 13, and 17 of the Special Act on Finding the Truth of Anti-National Acts under the Japanese Rule of Finding the Truth of Anti-National Acts on July 10, 2009 shall be revoked.

Reasons

1. Details of the disposition;

A. The deceased C (hereinafter referred to as “the deceased”) was born in D and returned to Korea after graduating from the E University E University Sejong in 1914, and was established and operated the F Middle School since 1915, and was established in around 1920, and was in office as the principal of H School since 1937 when acquiring and managing H Schools around 1932, and died on February 18, 1955.

B. On November 24, 2008, the committee for ascertaining the truth of anti-national acts (hereinafter referred to as the "committee of this case") decided that each act listed in the attached list of the deceased (a summary of the written decision on pro-Japanese acts against the deceased) falls under anti-national acts under subparagraphs 11, 13, and 17 of Article 2 of the Special Act on Finding the Truth of Anti-National Acts under the Japanese colonial Rule (hereinafter referred to as the "Special Act") after being selected the deceased as a person subject to investigation of pro-Japanese acts on June 29, 2009 and after conducting an investigation (hereinafter referred to as the "disposition of this case").

C. The Plaintiff A is the deceased’s artist, and the Plaintiff Incorporated Foundation B is an incorporated foundation established for the purpose of various projects and scholarship projects to commemorate the deceased.

D. Meanwhile, the Defendant succeeded to the instant disposition upon the expiration of the period of the commission’s activity on November 30, 2009.

[Ground of recognition] The fact that there is no dispute, Gap 2's evidence, and the purport of whole pleading

2. Determination on the defense prior to the merits

A. Defendant’s defense prior to the merits

The defendant asserts that the decision of pro-Japanese act is merely a pure result of the pro-Japanese act and does not affect the rights and obligations of the person subject to investigation or the plaintiffs. Thus, the disposition of this case does not constitute a "disposition, etc. subject to administrative litigation." The disposition of this case did not infringe on the legal interests of the deceased who is the deceased, and the plaintiffs who are not those subject to investigation do not have any influence on their legal status. Thus, the lawsuit of this case is unlawful, since there is no legal interest to seek cancellation of the disposition of this case.

B. Determination

1) Determination on whether a disposition is made

The term "dispositions subject to administrative litigation" means the exercise or refusal of public authority or other corresponding administrative actions with respect to specific facts conducted by administrative agencies (Article 2(1)1 of the Administrative Litigation Act), and the application of the Act that directly affects the rights and obligations of the people. Article 4 of the Special Act provides that the duties of the Commission of this case include matters concerning the selection of persons subject to investigation of pro-Japanese activities, investigation of pro-Japanese activities conducted by persons subject to investigation, collection and analysis of materials related to pro-Japanese activities, collection and analysis of materials related to pro-Japanese activities, decision on pro-Japanese activities by persons subject to investigation, etc., and provides grounds for investigation and decision on pro-Japanese activities of the Commission of this case. According to Article 25 of the Special Act, the Commission of this case shall prepare as investigation report and report to the National Assembly every year during the period of its activities, and according to Article 26 of the same Act, the Commission of this case shall disclose the investigation report and feed to the public pursuant to Article 27 of the same Act.

However, when the committee determines the act of a person subject to investigation as a pro-Japanese act, it is highly likely that the person subject to investigation may directly infringe on his personal right, as well as the reputation of the person subject to investigation, which is a social evaluation thereof. Furthermore, if the committee determines as a pro-Japanese act, the investigation report and the feed made about the act of pro-Japanese act are bound to be disclosed externally. As such, the committee's decision on pro-Japanese act is limited to the general personality right of the person subject to investigation determined as having committed pro-Japanese act, and it is reasonable to deem that the decision of this case constitutes an act of legal application which directly affects the rights and obligations of the people, not just a mere academic research paper but also constitutes an act of legal application which directly affects the rights and obligations of the people. Furthermore, according to Articles 2 subparagraph 2, 3, and 5 (4) of the Special Act on the Ownership of Property of pro-Japanese Anti-National Collaborative Acts to belong to the State, and the committee's decision of this case can be invoked in accordance with Article 3 of the Special Act in the investigation and selection of pro-Japanese.

Therefore, the instant disposition constitutes a disposition subject to administrative litigation.

2) Determination as to whether standing to sue exists

The disposition of this case requires evaluation that the person subject to investigation shall be evaluated as pro-Japanese actors, who are lineal descendants, and shall be evaluated as descendants of pro-Japanese and anti-national actors or as being operating businesses to commemorate the plaintiff A and the deceased. Thus, the disposition of this case is detrimental to the social reputation and evaluation derived from the general personality rights of the deceased, and it infringes upon the plaintiffs' personality rights or social honor that form the personality of the deceased and protect their honor through relations with the deceased, and the reputation of the deceased, or the situation of the deceased. Thus, the social evaluation of the person subject to investigation and directly limit the personality rights guaranteed by the Constitution of the deceased, such as bereaved families. Article 2 subparagraph 2 of the Special Act on the State Reversion of Property of pro-Japanese and Anti-National Collaborative Acts to the State provides that the inherited property shall belong to the State under certain requirements. Thus, according to Article 2 subparagraph 1 (b) of the Special Act on the State Reversion of Property of Pro-Japanese and Anti-National Collaborative Acts from the deceased who is a lineal descendant or part of the inherited property of the deceased, the plaintiffs are likely to be notified of the disposition of this case.

3) Therefore, the defendant's defense prior to the above merits is without merit.

3. Judgment on the merits

A. The plaintiffs' assertion

For the following reasons, the deceased’s act or activities cannot be deemed as leading or inciting school soldiers or soldiers at a nationwide level, or actively leading or cooperating with the colonial rule of Japanese colonial rule or war, and thus, the requirements of Article 2 subparag. 11, 13, and 17 of the Special Act cannot be satisfied. Thus, the instant disposition is unlawful.

1) The credibility of articles published in the new daily newspaper and the new daily newspaper

The Defendant used as evidentiary materials in rendering the instant disposition is most articles related to the deceased, published on the daily New Daily Report and Gyeongsung. However, the articles on the daily New Daily Report and Gyeongsung Report during the war mobilization period at the end of the Japanese War are not based on facts, but merely the exaggeration, distorted, and false promotional instigates. Although there were various testimony and records on their credibility, the Defendant accepted them as factually without a thorough examination or verification of their credibility.

2) The part concerning the act under Article 2 subparagraph 11 of the Special Act

It is sufficiently recognized that the deceased, as the principal of the H school, only was mobilized to Qembling and Rembling by the Defendant on the basis of this part, did not voluntarily participate in the above exercise, and thus, the deceased did not actively select and instigate a student or a soldier on the basis of his own will. In particular, it is sufficiently recognized that the deceased, as the principal of the H school at that time, has never been mobilized to Qembling and Rembling in accordance with the Japanese colonial rule. In addition, it is difficult to view that the deceased, as the principal of the H school at that time, did not voluntarily participate in the above exercise. In addition, it is difficult to see that the deceased, as the principal of the H school at that time, had led to the selection and promotion of a student or a soldier.

3) The part concerning the act under Article 2 subparagraph 13 of the Special Act

The defendant is unable to prove the deceased's activities in S organization or T organization, and the radio or lectures were mobilized by force on the basis of the whole system, and the 300 Hun-Ga 300 Hun-Ga was forced by the strong pressure of the General Government, and the above amount is not a large amount of money from the deceased's standpoint who operated G company and V corporation, and it is nothing more than the deceased's assertion that he cooperates with the bereaved family assistance project of the deceased in court attendance, and even if this assertion was made, it is nothing more than the demand for social welfare measures against those who have difficulty in living.

Therefore, it cannot be deemed that the deceased actively participated in the colonial rule and the war of aggression by actively leading the Japanese decentralization or the yellowization campaign through social, cultural or organization.

4) The part concerning the act under Article 2 subparagraph 17 of the Special Act

The deceased was mobilized by force to a major external organization organized by a Japanese system, such as Wranchis, and only his name was entered, and there was no fact that he voluntarily joined the organization and actively cooperated in the Japanese colonial rule or the Japanese War.

5) In light of the fact that the deceased refused to work as a member of the Esponsive Party that he proposed in Japan, that the temporary government of the Republic of Korea classified the deceased as "a person who is not inevitably towed in order to avoid the boom of the police and to maintain safety, status, business, etc. of his body," that the National Preparatory Committee of the Department in the Department in the Department in which he was leading the Esponsive Party immediately after the 1948 appoints the deceased as a X head, and appoints the deceased as one of the 55 National People's Committee members, that the anti-nationalism under the Anti-National Acts Punishment of Anti-National Acts Act enacted in 1948 did not take the deceased as a person subject to the investigation, and that the deceased was subject to the second grade surveillance by the Joseon General Department, it cannot be deemed that the problem is a "affirmative" or "affirmative cooperation" by the deceased under the Special Act.

B. Relevant statutes

It is as shown in the attached Form.

C. Criteria for determining illegality of the instant disposition

Despite the tension between the representative and the strong necessity of liquidation in the past, it is not easy to identify pro-Japanese acts that had been conducted in the past over 60 to 100 years. This is not only a matter of historical evaluation, but also a matter of conflict between interests is raised in a complex. Therefore, this is a matter that can only be made through a wide range of communication and social debate in our society. In other words, as a matter of principle, whether a certain act is defined as pro-Japanese acts ought to be comprehensively determined based on the historical perception and moral standards of all members of the society including history and academia, and the normative evaluation thereof, taking into account the legislative intent of confirming the relationship between historical perception and national legitimacy. However, since a special law was proposed several times and passed at the National Assembly after a series of public hearings and discussions, it can be said that the special law was actually passed at the National Assembly, and thus, it can be said that the democratic process and theoretical evaluation of our society was formed from the process of democratic deliberation and theoretical evaluation to be formed, and if it is reasonable to 2018 Constitutional Court en banc Decision.

However, in interpreting the law that deprives or limits the fundamental rights of the people, it shall be strictly interpreted in accordance with the text of the law, and it shall not be interpreted by analogy or expansion without permission, beyond the ordinary meaning and scope of the text. Article 2 of the Special Act lists the specific types of pro-Japanese act, which is defined in the form of such act, is unclear, and the meaning of the "act of actively cooperating in the colonial rule and aggressive war" of the Japanese colonialism is likely to be excessively broad when considering the historical and political situation at the time, so the Special Act shall be deemed to be limited in terms of its subject or the form of the act, and the interpretation of the act of pro-Japanese under each subparagraph of Article 2 of the Special Act shall be strict in accordance with the text of the Special Act as long as the infringement of the basic rights (personal right, property right) of the deceased and his lineal descendants, etc., who are subject to the disposition in this case, is not significant.

In this regard, we examine the legitimacy of the instant disposition based on the above legal principles.

D. Determination as to whether the act constitutes pro-Japanese and anti-national acts under Article 2 subparagraph 11 of the Special Act

1) Facts of recognition

A) On May 23, 1942, the Deceased participated in Q&D held on a national scale, and the above competitions participated in official fees, such as the Dominium and the Dominium, and the Y, Z, AA et al., including the Deceased, were present. The contents of the article reported at the above competitions are as follows.

The announcement by the authorities that have been implemented the conscription system, even at the 9th half of the 3th half of the 19th half of the 19th century between AB and AC professionals, made it difficult for us to use the force that created a new history of human race. The 2.4 million enemys fluencing all of the 2,40,000 square meters fluencing that they should be destroyed and sealed in the process of construction without a single yellow, while making a resolution to fluor in the first line to flucing the knife in the Yellowland. Therefore, even up to the 196th half of the 196th half of the 196th half of the 196th half of the 196th half of the 196th half of the 196th half of the 196th half of the 196th half of the 196th half of the 196th half of the 206th half year.

B) During the period from 1943 to 1944, the Deceased comments were written to praise, propaganda, and inciting a soldier’s or a soldier’s disease and a student’s disease to AF who is a magazine, and the content (or summary) thereof are as follows.

「1」, 매일신보 AD자 석간 1면(징병제 실시 기념 특집인 ‘AE이라는 제목의 연재기사 중 하나로 망인의 사진이 함께 게재됨)이 징병제 실시로 인하여 우리가 이제야 명실상부한 황국신민의 자격을 얻게 된 것은 일방(一方)으로 전 반도청년의 영예인 동시에 반 천년 문약의 분위기 중에서 신음하던 상술한바 모든 병근(病根)을 일거에 쾌(快治)하고 거일(去日) 생산할 제2의 양질(良質)을 얻은 것이다. 어찌 반갑지 아니하며, 어찌 감격치 아니하리오.「J」, AF, 48~49쪽이제 여(余)의 30여 년간 교육자 생활의 경험으로 보건대, 우리 반도청년의 소질로는 지력(智力)으로

나 체력으로나 모든 것이 그다지 타인에게 낙오될 것이 없으며, 때로는 기다(幾多)의 장점도 불무(不無)하나 오직 보편적으로 강의 과감(強毅果敏)한 정신과 인고단련(忍苦錢錄)의 기백(氣魄)이 부족한 감(感)이 불무(不無)한 것은 오인(人)의 항상 통석(痛惜)히 여기던 바이다. 이 점에 있어서 오인(善人)은 금후 제군(諸君)에게 일단(一段)의 인고(忍苦)와 일층(一醫)의 단련(銀鍊)을 요망하는 바이다.「K」, 매일신보, AG자 1면나는 생각하건대 제군의 번뇌가 현재 이 점에 부딪쳐 있는 것이 아닐까 싶다. 그러나 순간은 제군의그와 같은 번민과 반문을 무시하고 각일각 추진되고 있다. 대동아의 건설은 제군의 사소한 존재를돌아볼 사이도 없이 매진하고 있는 것이다. 이 매진 앞에 제군이 천재일우의 호기를 잃어버리고 그로 말미암아 반도가 이에 뒤떨어질 때 우리는 대동아 건설의 일분자는 그만두고 황민(皇民)으로 서훌륭히 제국(帝國)의 일분자가 될 수도 없을 것이다. 제군이 위에 말한 의무를 다할 때에 비로소 제군은 제군이 이 땅에 살아 있을 것이고 제국(帝國)의 일분자로서 내지와 조금도 다름없는 빛나는 대우 즉 권리를 얻을 수 있는 것이다.「AH」, 매일신보, AI자 2면, AJ자 3면(1943. 11. 6. 개최된 R을 말하는 좌담회에 망인이 출석하여 언급한 내용이 보도된 것임)지금 연맹 사무총장도 말씀한 바와 같이 반도청년에게 순국의 길이 열렸는데도 왜 학도 전원이 용감하게 지원하지 않는가 그 원인은 여러 가지가 있겠지만, 그중에서도 가장 큰 원인은 늘 말하는 바와같이 너무도 문약에 흐르는 폐단 때문이 아닌가 생각합니다. 어떤 분은 분개하실는지도 모르지만 사실이 그렇습니다. 3백년 동안 조선 사람은 전장에 참가한 경험이 없습니다. 우리들이 어려서부터 들어온 말이지만, 평시에도 조선 사람은 피난소만을 찾았습니다. 이것은 아무도 부인 못할 사실일 것입니다. 피난에는 지리산이 좋다느니, 금강산이 좋다느니, 귀에 익도록 들어온 말인데 이것이 제이의천성으로 되어버린 것 같습니다. 이 말은 조선 사람으로서는 퍽 부끄러운 일이나 사실이 사실인만큼인정할 수밖에 없습니다. 국가가 존망을 걸고 싸우는 이때 조선 사람은 냉담하게 이를 보고 있지냐않은지 대지인 측에서는 분개할지도 모르나 사실은 여기에도 원인이 있는 것 같습니다. 또한 병정이되면 죽는 것인 줄로 알고 겁을 먹는 자도 있는데, 결국 이런 것은 문약한 데서 오는 것이므로 먼저그 의지를 굳게 해 줄 필요가 있습니다.「M」, 매일신보, AJ자 1면징병제도(徵兵制度)가 실시되어 조선청년(朝鮮靑年)도 명년(明年)부터 광영(光榮)의 병역(兵役)에 나아가기로 되었으나, 이미 징병(兵) 연령(年齡)을 초과한 제군(諸君)은 영구(永久)히 군문(軍門)에 들

어갈 기회가 없는 듯 보이더니, 이번 특별지원병의 특전(特典)이 허용되어 용약() 폐하(座下)의고굉(股城)으로서 적(敵)과 총화(火) 가운데 상투(相)하게 된 제군은 부하(負荷)의 대임(大任)을 다할 결의(決意)에 불타고 있는 것을 확신(確信)하는 바이다. 돌이켜 생각건대 우리 반도인(半島人)은 문약(文)에 證러 (중략) 문약을 일삼게 이른 것이다. 이 점은 벌써부터 나의 통석(痛惜)하여 마지않는 바였는데, 이때 제군의 출진(出陣)을 보게 된 것은 황국(皇國)의 일대디(一口O)일 뿐아니라 실()로 반도(半島) 제군의 적폐(積)를 일소(一帶)하고 2천5백만의 전도(前途)에 대광명(大光明)을 가져오는 것으로 축복하여 마지않는 바이며 제군의 OOOO를 진심으로 축원하는 바이다.「N」, 매일신보, AK자 석간 2면(AJ H학교 교장실에서 일본군 AL 대좌를 비롯하여 AM단체의 AN, AO, AP 등이임석하고, H학교 교직원들과 학부형들이 열석한 가운데, 교장인 망인은 아래와 같은 인사말을 함)여러분들도 잘 아시는 바와 같이 이번 광영의 임시특별지원병에 반도 학도들도 채용될 수 있게 되었으므로, 우리 학교에서는 여기에 응하려고 지금 만전을 다하고 있습니다. 시골에 계시는 학부형들에게는 전부 전보로써 그 뜻을 전달하였으며, 경성에 계시는 여러 학부형들은 오늘 이 자리에 모여 주시도록 한 것입니다. 우리는 이러한 국난을 당하여 한 사람인들 그대로 남아 있을 수 있습니까. 여러분들의 자제들은 모름지기 군문(軍門)으로 달리도록 협력하여 주시기 바랍니다.「AQ」, 경성일보 AR자 1면미지원자에 대해서는 목하 연락, 격려 중이다. 반도인은 이조시대에는 무관을 극력 경멸하여 오히려 천민층으로생각했기 때문에 이번의 지원제에도 부형측에서는 망설인 사람도 있었던 듯하다. 만약 한 명이라도 지원에서비는 자가 있다면 그것은 원칙으로서 징용되어야 한다고 생각한다. 구체적으로 어떻계 할 것인가는 학무국의 지시가 있을 것이므로 우리들로서는 그것에 따를 뿐이다. 학교경영방침의 변경은 지난 번 총독 각하의 훈시에 보여준 대로 문과를 이과계로 전환할 것인가, 혹은 문과계와 문과계 동지(同志)의 통합으로 할 것인가, 이 또한학무당국의 지시에 따라서 이행한다. 그러나 완승을 목표로 멸적(滅敵)의 투혼에 불타는 철 같은 오체(五體)의청년 육성이 근본 요체가 되는 것이라 생각한다.「AS」, 매일신보 AT자 석간 2면(망인의 사진이 함께 게재됨)생각하면 이 시대의 최고 광영은 젊은 청년과 학도들에게 있다. 나라의 홍융을 결하는 결전의 마당으로 총을 메고서 돌격하는 그 열화와 같은 조국애와 동포애는 오직 젊은이들만이 가장 힘차게 행할 수 있는 것이 아니냐.이제 광영스러운 군문으로 들 수 있는 '검사의 날'이 우리 학도를 맞이하게 되었다. 결연히 발분하여 학병을 지원하는 원서를 내고 이날을 손꼽아 기다리는 우리 학도들의 가슴은 숭고스러운 공을 느끼고 있을 것이다. 날이 밝으면 각 검사장에 태양이라도 정복하려는 기개에 찬 젊은 학도들의 약동하는 육탄군상을 볼 수 있을 것으

I think I think I think I would like to pass the "AU", and that I would like to draw up the "AU", the "AV", the "3 pages of HH school entrance training program" (which was directed by the deceased's attending the preliminary training program for the students who applied for the disease of H school on December 17, 1943). At H school, I started the training of military life for 17 days from the 17th day to the 1st day. At this location, the number of passs and the number of passes above Class A, excluding the kinds of extreme water, have shown the strong sexual results, but (m) after the people's case, the (m) entrance was followed by the national salary following the national order from 11:0 a.m. to the beginning of the school, and then the "Sari-gun," the "Sari-gun et al., which was caused by the members of the world-free military forces," and there was a brief warning that I will regulate the life beyond the mind of academic soldiers's.

【Facts without dispute over the basis of recognition, the entries in the evidence Nos. 8, 9, 11, 12, 1, 2-1, 2, 19, 20, 95-1, 5, 99-1, 2, 101, 104, and 18-1, 2, 19-2, 104, and the purport of the whole pleadings

2) Determination

In addition to the overall purport of the arguments in the above facts, it is difficult to see that the above article used the name of the deceased or used the name of the deceased to be falsified or falsified, and there is no circumstance to see that the deceased's attendance at the above events was an act of forceing the deceased by day, day, day, day, day, day, day, day, day, day, day, day, day, day, day, day, day, day, day, day, day, day, day, day, day, day, day, day, day, day, day, day, day, day, day, day, day, day, day, day, day, day, day, day, day, day, day, day, day, day, day, day, day, day, and thereafter, it is difficult to see that the above article used the name of the deceased or used it as a whole, and that the deceased's attendance at the above events was an act of forceing the deceased, or that the deceased's act of leading or supporting the deceased's military personnel at the time of the time.

Therefore, it is legitimate that the Defendant’s respective acts of the deceased constitute pro-Japanese acts under Article 2 subparag. 11 of the Special Act.

E. Determination as to whether the act constitutes pro-Japanese and anti-national acts under Article 2 subparagraph 13 of the Special Act

1) Facts of recognition

A) From July 1937 to July 1937, the Joseon General Council mobilized social well-beingd people, such as the media, educational, religious, and senior citizens, etc., to broadcast the Gyeongsung Broadcasting Station’s radio cirical performances, and led them to lectures as members of the second cirrative cirrative cirrative cirrative cirrative cirrative cirrative cirrative cirrative cirrative cirrative cirrative cirrative cirrative cirrative cirrative cirrative cirrative cirrative cirrative cirrative cirrative cirrative cirrative cirrative cirrative cirrative cirratives of the second cirrative cirrative cirrative cirrative cirrative cirratives.

From 16th to 2th to 16th to 16th to 16th to 16th to 16th to 18, in order to thoroughly recognize the city to the general public in view of the importance of North Korea's incident, the 2nd to 2nd to 2nd to 2nd to 2nd to 2nd to 19th to 2nd to 2nd to 2nd to 2nd to 2nd to 2nd to 2nd to 2nd to 2nd to 2nd to 2nd to 2nd to 2nd to 2nd to 2nd to 2nd to 2nd to 2nd to 2nd to 2nd to 2nd to 2nd to 2nd to 2nd to 2nd to 2nd to 2nd to 2nd to 2nd to 2nd to 2nd to 2nd to 2nd to 2nd to 2nd to 2nd to 3nd to 3nd to 3nd to 2nd to 2nd to 3nd to 2nd to 2nd to 1st to 2nd.

는 사회교육과장 이하 BI, C, BJ, BL, BK, BM 등 제씨가 19일부터 매일 시국강좌를 개최한다는데이것은 전부 조선교화단체연합회의 주체로 총독부에서 후원을 하게 된 것이라 한다.「금일의 프로그램」, 경성일보 BO자 조간 8면제2방송 (중략) 오후 8시 시국강연 C (후략)「금일의 프로그램」, 경성일보 BP 자 석간 4면제2방송 (중략) 오후 8시 시국강연 C (후략)「BQ」, 조선일보 BR자 2면30일부터 시작한 각계 명사의 시국강연 방송은 여러 날을 계속할 모양인데 제2일인 금 2일은 H학교장 C씨가 마이크를 통하여 시국에 대한 열변을 널리 전 조선에 방송하기로 되었다. 그 내용인 즉 일본제국의 동아에 처하여 있는 세력적 지위를 철저히 인식하는 동시에 이번 북지사변과 비상시국의철저한 각오를 환기하여 민심의 동요를 각각 자제하며 각각 그 업에 안정하여 총후봉공에 노력하는것이 이 시국에 대처하는 유일한 방노라는 것이다.「BS」, G BT자 조간 2면현하 시국은 더욱더 비상시 색채로 진전되어 가는데 비추어 BU은 시국순회 강연대를 조직하여 경향각지의 민중에게 시국에 대한 인식의 철저 강화를 도모하고자 9월 6일부터 일제히 전조선 각지에59명의 연사를 파견하여 일주일 내지 10일간씩 중요지를 순회하여 시국강연을 하게 되었는데 각 도에 배정된 연사는 다음과 같다.▲ AWE BV, BW, BX, C, AA, BY「BZ」, 매일신보 CA자 3면(전략) 지나사변 이 전면적으로 확대됨에 따라 국제관계도 미묘한 동향을 하고 있는 차제 국민은 총일체가 되어 거국일치 국난을 타개함이 무엇보다 필요함에 감(鑑)하여 본부에서는 반도민중에게 시국에 대한 인식을 일층 더 심각게 하기 위하여 조선인 명사 40여명에게 위촉하여 각 도에 파견 제2차로 순회 강연을 하기로 되었는데 이에 CB에서는 지난 6일 오후 8시부터 CC 공회당에서 전기 강연회를 개최하였는바, 남녀 청중의 운집으로 장내장외는 정각 전부터 (중략) 대혼잡을 모한 가운데-. 지나사변 추이에 대하여二.지나사변의전모AA

이상과 如한 양씨의 열변으로 일반 청중을 감탄케 한 바 있었다.「CD」, 조선일보 CE자 석간 7면BD음에서는 경성으로부터 H 교장 C씨와 CF 교장 AA씨를 초빙하여 읍민에게 시국에 관한 인식을거듭 주기 위하여 지난 9일 오후 8시부터 BD 극장에서 CG씨 사회로 강연회를 개최하였는데 청중이천여 명에 달하였으며 양씨의 힘 있는 부르짖음은 청중에게 많은 충동을 준 후 동 오후 11시경에 폐회하였다.「CH」, 매일신보 CI자 석간 3면본부에서는 시국의 중대성에 감(鑑)하여 반도민중에게 시국에 대한 정확한 인식을 파악케 하고자 조선인 명사 수십 명에게 위촉하여 제1회에 전선 각지에 파견하여서 시국에 관한 강연을 실시한 바 있었는데, 그 실적이 양호한 바 있었음으로 다시 四界의 그위자 사십여 명을 각 도에 파견, 제2차 시국강연회를 개최키로 되었는데 이에 AW에서는 본부에서 파견된 강사를 四班에 分하여 左記와 如히 去6일부터 11일까지 全道에 하여 시국강연회를 개최하였는데 각 군 모두 청중의 운집으로 대성황을하였다. 한다.◇ 반별 급 개최지A반 C씨 AA씨AX, AY, AZ, BA, BB, BC, BD 각 군 (후략)

B) Around September 1937, the Deceased donated 300 won at the expense of U building around September 1937 (which was reported on the 7th page of GJ).

다) S단체은 1941. 8. 24. Y, BM, Z, CK, CL 등을 중심으로 준비회를 개최하였는데, 위 준비회에서는 '유사 이래 미증유의 가장 중대한 시국에 직면함과 동시에 또한 가장 숭고존엄한 동아공영권 확립의 성업완수의 한가운데에 있는 지금 우리들은 특별지원병 외에 일반적으로 병역에 복무하는 명예스러운 기회를 갖지 못하지만 모두 적성(赤誠)으로써, 정신적으로 물질적으로 장차 체력이 다하도록 총후봉공(銃後奉公)에 더욱 철저히 하여 충열한 장병의 분투에 대하여 황은의 만분의 일이라도 보답하는 길이 열릴 것'이라는 내용의 설립취의서와 '황국정신의 앙양, 강력한 실천력의 발휘, 시국인식의 철저와 그것의 대책 결의, 근로보국의 실행' 등의 운동요망안을 채택하였다. S단체은 실천사업으로 CM를 설치하고 청장년층의 훈련 등 적당한 애국사업을 벌이기로 계획하였으나, 준비회 단계에서 같은 해 10월 CN단체와 함께 T단체으로 통합되었다. 망인은 S단체의 60명의 준비위

One of the members (the Gyeonggi-do community preparatory committee) was the one of the members.

라) 망인은 1941. 10.경 T단체의 발기인 겸 감사로 취임하였는데, T단체의 강령은 '황국신민으로서의 황도정신을 선양하고 사상의 통일을 기함, 전시체제에 기하여 국민생활의 쇄신을 기함, 근로보국의 정신에 기초한 국민개로(國民皆勞)의 실을 거두기를 기함, 국가우선의 정신에 기초한 국채의 소화(消化), 저축의 여행(斷行), 물자의 공출, 생산의 확충에 매진하는 것을 기함, 국방사상의 보급을 도모함과 동시에 일조유사(朝有事)의 때에 의용방위의 실을 거두기를 기함'이었다. 한편, T단체의 발기인은 전국적으로 1,163명이었고, 1942. 10.경 CO연맹으로 흡수되었다.

E) The Deceased asserted that he will cooperate in the assistance project for the bereaved family members of the soldier in court through a daily newspaper, and the content of the report at the time of the examination is as follows.

If soldiers, who were sent to electric wires located at two pages of the CP, two pages of the CR, five pages of the CR, think, even if they thought that they would not engage in the work of the head of the Gu or the head of the Si/Gun/Gu, this would be no longer likely to affect combat soon. Therefore, this is emphasized by the importance of the head of the Si/Gun/Gu for wounded soldiers or for their surviving families in the court room in the future. Even if there are many difficulties in the family situation even through the examination, this is in the shape of the academic Do that caused the withdrawal of the soldiers, despite the fact that there are many difficulties in the family situation in the examination. For the purpose of this, the head of the Si/Gun/Gu who was born from the Si/Gun/Gu court in accordance with the implementation of the Si/Gun/Gu military service also considers the head of the Si/Gun/Gu military service who was born in the military court after his appearance.

It is difficult to provide 20,000 won to the Joseon Bank without strengthening the number of soldiers. We need to recognize the importance of this project and to cooperate with the original family project. It is more important for us to send 3th day of military soldiers to the military in advance of the discharge. Since then, the Korean language should be more and more extended, we need not open to the military, and we need to do so even if we need to do so, we need to do so. It is hard to see that there are many young people who will not have to attend the military project, and we need to do so. It is also hard to say that we will not have to go back to the military, and we will not have to go back to the next day of the first day of the first day of the first day of the second day of the second day of the second day of the second day of the second day of the second day of the second day of the second day of the second day of the first day of the second day of the second day of the second day of the second day of the second day of the second day of the first day of the second half of the first day of the second day of the first day of the first day of the first day.

【Unsatisfy-founded facts, Eul’s 22, 23, 25, 26, 54, 56, evidence of 69-1 through 6, Eul’s evidence of 70, Eul’s evidence of 72-1 through 6, Eul’s evidence of 86-1, 2, Eul’s evidence of 86-2, 4, 5, and Eul’s evidence of 100, the purport of the whole pleadings

2) Determination

Considering the significant impact of the decision on pro-Japanese act on the person subject to investigation and his descendants, the contents and method of the specific act of the person subject to investigation shall be proved to the extent that it is reasonable to determine the act as pro-Japanese act under each subparagraph of Article 2 of the Special Act. In addition, in order to determine that certain act constitutes pro-Japanese act under Article 2 subparagraph 13 of the Special Act, it is sufficient to actively lead the anti-Japaneseism decentralization or deulization campaign through social and cultural institutions or organizations, and even if it is not required until the operation of the social and cultural institution or organization directly for the purpose of actively leading the anti-nationalism or deulization campaign, taking into account the differences between the text and text of Article 2 subparagraph 10, 17, 19, and 20 of the Special Act, the active cooperation in the Japanese colonial rule and invasion war should be made in the way of "pro-Japanese or anti-Japanese movement."

In this case, the facts that the deceased was selected as a preparatory member of the S organization, and who was appointed as a promoter and auditor of the T organization are as seen above. However, there is no specific material as to whether each of the above organizations actually performed any activity to actively lead the Japanese internal decentralization or the yellow Fire Campaign, and there is no specific material about the deceased's performance of the role to a certain extent inside the above organization. Furthermore, it is difficult to judge that the deceased's active cooperation in the Japanese colonial rule and the MaW War can be seen as the act of the deceased's active cooperation in the Japanese colonial rule. Furthermore, in light of the fact that the above act was done under the initiative and dispatch of the Japanese Doctrine's educational affairs authority, it is difficult to judge that the deceased's active act was performed not only through the "social and cultural institution or organization" as prescribed in Article 2, Article 13 of the Special Act, but also through the "social and cultural institution or organization."

Meanwhile, according to the deceased's assertion that he cooperates in the assistance project for the bereaved family members of the military through the daily report, even if it can be deemed that the deceased actively cooperates in the Japanese military system so that the Japanese military discipline can be smoothly achieved in the future in order to carry out the Japanese War, as seen above, insofar as it cannot be deemed that the defendant actively led the deceased's above activities that fall under Article 2 Article 13 of the Special Act, and cannot be seen as acts falling under the above provisions, it is difficult to view that the deceased asserted that he would cooperate in the assistance project for the bereaved family members of the military through the attendance in the court on two occasions through the daily report, only because the deceased asserted that he would cooperate in the assistance project for the bereaved family members of the military through the social and cultural institution.

Therefore, it is unlawful that the Defendant’s respective acts of the deceased constitute pro-Japanese acts under Article 2 subparag. 13 of the Special Act.

F. Determination as to whether the act constitutes pro-Japanese and anti-national acts under Article 2 subparagraph 13 of the Special Act

1) Facts of recognition

가) 조선총독부는 중일전쟁 이후 전시체제기로 접어들면서 1938. 6.경 황국정신, 내선일체의 완성, 전시경제정책 협력 등 전쟁지원을 목적으로 각종 관변기구와 민간단체를 망라하여 관변단체인 W연맹(W聯盟)을 결성하였고, 위 연맹은 '거국일치(擧國致)·진충보국(盡忠報國)·견인지구(堅引持久)'의 3개 목표를 내걸었는바, 망인은 1938. 6. 위 연맹의 발기인으로 참여한 후 같은 해 7월에 이사를 맡았고, 1938. 10.경 위 연맹 내에 조직된 CU위원회의 의례 및 사회풍조쇄신부 위원을, 1938. 12.경 CV회 고문을 각 맡았으며, 1939. 4.경 개편된 위 연맹의 이사에 재선임되는 한편 경성부 내 중학교 이상 학교장의 자격으로 신설된 참사를 맡았다.

나) 조선총독부는 전쟁이 확대되어 가자 1940. 10.경 조선의 인적·물적 자원을 침략전쟁 수행에 총동원하기 위하여 W연맹을 전시 최대의 관변 통제기구인 CO연맹(CO聯盟)으로 확대 개편하였는데, 위 연맹은 '국체본의(國體本義)의 투철로부터 도의 조선 (道義朝鮮)의 확립을 기도하여 2,500만 신민의 총력을 결집 연마하여 대동아전쟁 목적의 완수에 매진하고, 더불어 도래하는 징병제도 실시 준비에 유감없이 기한다'라고 운동방침을 천명한 후, 1944년경까지 궁성요배운동 전개, 국어(일어)상용운동 전개, 징병 제실시 감사결의 선양운동 전개, 국민징용취지철저운동 실시 등 일본제국주의 말기의 식민지 지배에 있어 중요한 역할을 수행하였다. 망인은 위 연맹의 창립 당시 이사 겸 참사를, 1940. 11.경 위 연맹 사무국 산하 훈련부의 참사를, 1941. 5.경 이사 겸 평의원을, 1942. 5.경 위 연맹의 이사, 평의원 겸 위 훈련부의 이사를, 1944. 6.경 상무이사를 각 맡았고, 1943. 8. 25. 위 연맹 사무국에서 경서 거주 유력자들을 부민관에 초청하여, 개최한 징병제실시기념사업협의회에 참석하여 징병제 실시기념탑 및 연성도장 건립 등을 협의하고, 1943. 11. 8. 위 연맹 본부 및 경기도 연맹, 경성부 연맹의 주최로 부민관에서 열린 'CW'에 참석하여 격려사를 낭독하는 등의 활동을 하였다.

C) The Deceased, while serving as the executive officer of the COM, took a part in a daily newspaper to fluorize the general power for the war of the Japanese colonial system, and the content thereof is as follows.

I do not have any sense to the author now at TX YCY 3 pages (the copis of the deceased's pictures are published in accordance with the policy on the measures for education expenses in wartime). We have the right to go through a war, which is driven by the national policy, and is running in force to do so. There is only one obvious purpose to us at present. Of course, schools with a short history are all new direction to be Agic CZ schools.

It is nothing more than a few terms of terms and conditions. However, if Korea is now faceed, it will be more important to this point. If the life style of a person changes according to the age, it will also change according to the educational system without the need to see. Of course, not only us as well as students and undergraduates are flick at the workplace in which the people are in charge, so much depth that they will have different power for this device, and they will be king back to the king. (In the latter part), it is necessary to make sure that there is a strong opportunity for the people to believe that there is a strong opportunity to wear the human resources by the resolution of the Japanese government as a whole, such as DB, every day, and that there is a strong opportunity for the Korean government to make sure that there is a strong opportunity for the people to wear the new life of the Japanese government.

[Ground of recognition] In the absence of dispute, Eul evidence 27, 28, Eul evidence 55-1, 2, 56-2, Eul evidence 74-1, 3, 4, 5, Eul evidence 76, 77-1, 2, Eul evidence 78, 81-1 through 3, Eul evidence 83-1, 93-1, 96-1, 2, and 105 of evidence, and the purport of the whole pleadings

2) Determination

According to the above facts, it is difficult to view that the deceased continuously worked as promoters, directors (executive directors), staff members, and members of the COM from 1938 to 194, and that he was based on a day-day letter that he was fluoring a total force for the Japanese war of aggression, and that he was registered only in the name of the above member of the Japanese government due to the strong pressure of Japanese colonialism. It is reasonable to view that the activities of the deceased were active cooperation in Japanese colonial rule and the war of aggression.

Therefore, it is legitimate that the defendant's each act of the deceased constitutes pro-Japanese act under Article 2 (17) of the Special Act.

G. Judgment on the plaintiffs' assertion

1) As to the assertion on the credibility of the articles published in the new daily newspaper and the new daily newspaper

According to the evidence submitted by the plaintiff and the defendant, it is difficult to conclude that the plaintiff's testimony of the plaintiff and witness DF alone, based on the evidence and the testimony of both the plaintiff and the articles related to the deceased, which were published in the above newspaper company, was manipulatedd or distorted every day, which focuses on representing the position of the plaintiff as the position of the Japanese president of the Japanese government as the end of the Japanese government. Accordingly, it is difficult to accept the plaintiffs' assertion that the disposition of this case was unlawful since it was based on the daily newspapers where the name of the deceased was stolen or the contents of the deceased were made, and that the testimony of the plaintiff and the witness DF, which were presented by the plaintiff, was not sufficient to conclude that all of the articles in the name of the deceased and the articles related to the deceased were fabricated or stolen, and there was no other objective evidence to acknowledge it otherwise. Accordingly, it is difficult to accept that the plaintiffs' assertion that the disposition of this case was unlawful because it was based on the personal news reports and the articles related to sexual news news news.

① Daily New Dailys and Gyeongsungs are the institutions of the Joseon Generals, but they are important primary feed in the research of Japanese history at the same time, which are used as data for historical research by domestic and foreign historical scholars.

With respect to the deceased's pro-Japanese activities before 1940, there are many articles about G and Chosun in addition to the daily New Year's Day, G and Chosun Day. Since the closure of G and Chosun Day, the 1940 and August 199, the dynamics of the deceased appeared in the national total power, light, and tricheon, in addition to the daily New Year's Day's Day's Day's Day's Day's Day's Day.

③ Based on the 0th conference (see Evidence No. 18), the Plaintiffs asserted that the letters written on the daily celebical celebical celebry and celebical celebical celebs had been written by the reporters of the above newspaper. However, even based on the above statement, the deceased’s celebical celebical celeblbal celebal celebals had allowed the reporters of the daily celebal celebal on the premise of 0’s assumption, and it cannot be said that the above writing was published through the above process. Moreover, theO written celebal celebal celebs, etc. on behalf of the deceased who did not written celebal celebal celebal celebs, and written celebal celebal celebal celebal celebal celebs.

(4) Even based on the evidence submitted by the Plaintiffs, the news reports and light news reports were published every day after the field coverage or coverage source contact was made. However, if the shipbuilding division intended to publish daily correspondence and light news reports by stealing the name of the deceased, then the reporters of the above newspaper companies did not need to contact the deceased.

⑤ The C War (Evidence A, 69, 71, and 74) submitted as valuable evidence consistent with the allegations by the Plaintiffs were released from the Plaintiff Incorporated Foundation B, which is the same as the deceased’s interest. Since the facts pertaining to the performance of the deceased’s work, which is objectively verified, are different from each other (the date and time of AX lectures and the accompanying events, etc.), it cannot be deemed that the article regarding the deceased’s work, which is recorded in the AX Manual, is not all believed. Therefore, it cannot be deemed that the content of the work is not true every day.

6) In order to verify that the Plaintiffs published an article by stealing the name of the deceased or manipulating contents, it is difficult for the Plaintiffs to use them as objective evidence on the ground that most of the statements by the deceased and the H school students living in the same age (including the witness DF’s testimony) of the deceased (including that they were not good to write or write a flat writing), a day-day day-day day-day day-day day-day day-day-day-day-day-day-day-day-day-day-day-day-day-day-day-day day-day-day-day-day-day-day-day-day-day-day-day-day-day-day-day-day-day-day-wide-day-day-wide-day-day-wide-day-wide-day-wide-day-wide-day-day-wide-day-wide-day-day-day-wide-day-day-day-day-day-day-day-day-day-wide-day-day-day-day-day-day-day-day-s-day-day-day-day-day-day-day-day-day-

7) On August 1936, G was subject to a inorganic measure taken by the Joseon General Co., Ltd. as a result of the DG case (DH’s photograph, and was re-issued nine months thereafter. At the time, H school principal was the actual owner of G, and the deceased, who was the actual owner of the G at the time, was an incentive to cooperate in the Japanese co-operation to continue G death and H school (the deceased’s pro-Japanese act in this case began from July 1937, 1937, immediately after the measure for the above re-delivery against G).

8) The plaintiffs asserted that the name of DJ and DK, which is the personnel of the deceased and simultaneous representative forces, was stolen, or false articles about them were published in the daily new news report and Gyeongsung. At the time, the above newspaper companies were published in the same manner in the case of the deceased, or false articles were published. However, unlike the above DJ, in the case of the deceased, the above newspaper continuously and repeatedly, unlike the above DJ, the articles in the name of the deceased were lost and published (as the evidence submitted by the defendant presented, it seems that the articles including the real name of the deceased were up to about 100 articles in relation to the deceased's acts of pro-Japanese as a special law-friendly and anti-national act, and it is difficult to view that the articles including the real name of the deceased were stolen, or that these articles were published in the name of the deceased's general news report for a long time through T groups and T groups, and it is difficult to see that all of the above articles were fabricated or falsified as the articles in the name of the deceased's general news report or the risks of the deceased's.

2) As to the assertion that each of the above acts of the deceased cannot be assessed as a pro-Japanese act with positive initiative or cooperation under the Special Act

Although it is difficult to accurately ascertain how the deceased’s internal intent or motive was in place at the time of the act of friendship as seen earlier, it is difficult to see that the deceased, as an educational person, who is a genetic company under the Japanese colonial rule, was in place under the Japanese colonial rule, was in charge of the executive officers of the major external group of the Japanese governing body, because it is difficult for the deceased to spread the demands of the Japanese colonial rule and other power holders to maintain and operate the school normally.

However, the purpose of the determination of pro-Japanese act pursuant to Articles 2 and 4 of the Special Act is to determine whether an individual act by a certain person constitutes pro-Japanese and anti-national act as provided in Article 2 of the Special Act, not basically as a pro-Japanese and anti-national act, and to determine whether such act constitutes pro-Japanese and anti-national act, and to contribute to the realization of social justice. Whether such act constitutes pro-Japanese and anti-national act, and whether such act is led or active, are based on the external evaluation of the act objectively revealed, and the act itself is deprived of the State and anti-national sovereignty by departing from the State through Japan, and is threatened with the nation’s roots and survival itself. Considering that the situation of the deceased’s pro-Japanese and anti-national act in order to maintain his company and school management, it does not necessarily constitute the deceased’s active participation in or assertion of the deceased’s pro-Japanese and anti-national act in consideration of the overall nature of the deceased’s activities and the external nature of the deceased’s respective organizations, and the contents of the deceased’s active participation in the activities.

3. Conclusion

Among the dispositions of this case, the part regarding the determination of each act listed in the separate list No. 2 of the deceased's list No. 13 of Article 2 of the Special Act as pro-Japanese act is illegal. Thus, the plaintiffs' claim seeking its revocation is justified, and the remaining part of the disposition of this case is legitimate. Thus, the plaintiffs' claim seeking its revocation