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(영문) 서울중앙지방법원 2014.11.06 2013가합519540
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. On July 1950 immediately after the outbreak of the Korean War, the police officers belonging to the police station in the Daegu-Gyeongbuk-do area, and the members of the Armed Forces Military Police Team, etc. were collectively killed without undergoing trial procedures, etc., for the reasons that a considerable number of inmates were detained in the Daegu-gu Office of Armed Forces around July 1950, which was immediately after the outbreak of the Korean War, were likely to concert with the North Korean Armed Forces (hereinafter referred to as the “Tgu-U Military Service sacrifice case”).

A) In addition, the police officers and the members of the military police corps et al. were collectively killed in a group instead of according to trial procedures, etc. from the Macheon-si area where a considerable number of inmates were confined to Kimcheon-si Office at the same time (hereinafter “the case of sacrifice against Kimcheon-si Office”).

(2) Following the investigation of the instant case upon receipt of an application for ascertaining the truth with respect to the cases of the sacrifice of Daegu and Kimcheon-type State Armed Forces established pursuant to the Framework Act on the Arrangement of History for the Truth and Reconciliation (hereinafter “The Act”), the Committee on the Settlement of History for the Truth and Reconciliation (hereinafter “The Committee on the Settlement of History”) received an application for ascertaining the truth by the relevant persons, and conducted the investigation of the instant case on June 29, 2010, the Committee was the victim of the Daegu-type State Unsubsagu Unsacrififies, and AB was the victim of the said case.

3. On the other hand, the past management committee at the time rendered a decision that it is impossible to ascertain the truth on the ground that it is difficult to recognize a direct causal relationship between the tata and the death, in view of the fact that AC died after one year and three months have passed since it was committed in the course of investigation before entering the Daegu District Office with respect to AC.

The plaintiff Q, a surviving family member of AC, filed an objection against the above decision, and the past company reorganization committee received the above objection on December 14, 2010 and died during the process of entering the Guta and the confinement.

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