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(영문) 서울중앙지방법원 2015.03.31 2014나29536
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Facts of recognition;

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 Arrangement of History for Truth (hereinafter referred to as the "Reconciliation Commission") for the Reconciliation of Truth (hereinafter referred to as the "Reconciliation Commission") received an application for ascertaining the truth of the relevant persons, including the Plaintiff on the case of the Dognam Civilian sacrifice in Seo-gu, and investigated the case on June 30, 2010, and made a decision as follows.

1. As a result of the truth Reconciliation Commission’s investigation, 56 victims whose identity has been confirmed as the case of sacrifice to the South and North Korean civilian, and 8 persons who have made a sacrifice presumption, and 2 cases which are impossible.

2. Some of the victims of the incident of sacrifice to the Dog-nam Civilian that made a sacrifice was confirmed, but most of them were engaged in agriculture unrelated to the following activities.

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

3. The main body of the instant case was confirmed to be the police of the National Armed Forces, such as the 5th century, which had been conducting as soon as possible the Dogsan District prior to the Korean War, and the Dogsan Police Station, such as the 3st century, which had been conducting as soon as possible.

4. The case of sacrifice by South and North Korean civilian forces is a case in which the armed forces and the police, who are obliged to perform the primary duty of protecting the lives and property of the people, illegally murdering civilians without legitimate procedures under the name of the military and the police, such as the cryptic operations, preliminary autopsy after the outbreak of the Korean War, and the suspicion of the crying.

C. The Truth and Reconciliation Commission, among the truth-finding findings, decided B as “sacrificing the sacrifice” based on the following findings.

1949. The police police officers shall be as soon as possible from the N of the Insular Army.

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