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(영문) 서울고등법원 2017.02.15 2016나2059196
손해배상(기)
Text

1. As to the plaintiffs in the judgment of the first instance, including the claims of plaintiffs QA, ST, SU, and SV expanded by this court.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by considering the whole purport of the pleadings as a whole in each of the evidence Nos. 2 and 84-1, 2, 157, 293, and 294.

On July 1950 immediately after the outbreak of Korean War, many military police units of the relevant regions were detained in Daegu, Kimcheon, and Ansan-dong regions, including police officers belonging to the police stations of Daegu, Kimcheon-dong and police stations and police officers belonging to the Information Bureau of the Armed Forces of the Armed Forces, and police officers of the National Army headquarters of the Republic of Korea were transferred to various places of the relevant Si/Gun, and the case of murdering collectively without following trial procedures (hereinafter referred to as the "sacrificing of the Daegu-Gyeong-do Office") was committed by transferring a large number of inmates who were detained in prison in the Daegu-si, Kimcheon-gu, and Ansan-dong regions after the outbreak of the Korean War.

B. The former History Settlement Committee established pursuant to the Framework Act on the Settlement of History for Truth and Reconciliation (hereinafter “former History Settlement Committee”) received an application for ascertaining the truth of the persons involved in the case of a person who made the sacrifice of the Daegu-Gyeongbuk-do prison, and conducted a truth-finding investigation on June 29, 2010 to confirm that nine persons, including SF, were victims of the case of a person who made the sacrifice of the Daegu-do North Korean Prison, as the victim of the case.

C. Plaintiff PZ is the wife of the aforesaid SF, and Plaintiff QA and the first instance joint Plaintiff QB were the foregoing SF children, and the net QB died on April 13, 2012 after the instant lawsuit was filed, and the heir, the heir, SU, and SV took over the legal proceedings of QB in the first instance prior to the remand.

2. The police officers, soldiers, etc. asserted by the plaintiffs were killed in July 1950 without following due process such as trial. The defendant, as a supervisor for the police officers, soldiers, etc., suffered mental suffering due to the illegal act committed by them in the course of performing their duties, and his wife.

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