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(영문) 서울중앙지방법원 2014.05.14 2013가단5081326
손해배상(기)
Text

1. The Defendant’s KRW 78,133,33 as well as the Plaintiff’s annual rate from April 14, 2014 to May 14, 2014, and the following.

Reasons

1. Basic facts

A. Around 1949, there was a case of collective suicide, being committed against the Korean armed forces and police officers in the operational area or jurisdictional area without due process due process, on suspicion that residents living in the area of Gyeong-gu, Gyeong-dong, Cheong-dong, and Cheong-si, and the area of Cheong-si had rapidly passed through or go back to the mountain, etc.

(hereinafter referred to as the “Saeng-nam Civilian sacrifice case”). (b)

The Truth and Reconciliation Commission established pursuant to the Framework Act on the Settlement of Truth and Reconciliation for Truth and Reconciliation (hereinafter referred to as “the Truth and Reconciliation Commission”) received an application for ascertaining the truth from the relevant persons, including the Plaintiff, regarding the case of the sacrifice of the Gyeong-nam Civilian who made a sacrifice, and investigated the relevant case, and made a truth-finding decision on June 30, 2010, as follows.

Some of the victims of the incident of sacrifice to the Gyeong-nam Civilian, including the net B, were confirmed to have engaged in the spoke activities, but most of them were engaged in agriculture unrelated to the spoke activities.

At the time, the perpetrator killed the victims without going through legitimate procedures.

The subject of the instant case was confirmed to be the police station of the Republic of Korea, such as the third group of the 5th group of the 5th group, which had been rapidly engaged in the cryptic operations in the Dogsan District prior to the Korean War.

In the case of the sacrifice of the civilian in Western-do, the military and police officers, who are obliged to perform the primary duty of protecting the lives and property of the people, are the cases where civilians were illegally killed without legitimate procedures, under the name of the military and police officers, such as prompt mountain-col operations, preliminary autopsy after the outbreak of the Korean War, and the suspicion of sub-ception.

C. At the time of the deceased’s death, the family was father C, mother D, spouse E, sibling F, G, H, children, I, the Plaintiff, and J.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 4 evidence, fact-finding results of fact-finding with respect to the south-gun of Gyeongnam-gun of the court of this case, the purport of the whole pleadings

2. Whether to recognize liability for damages;

(a) under the Framework Act on the Settlement of History for Truth and Reconciliation;

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