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(영문) 서울중앙지방법원 2015.08.12 2015가단41259
손해배상(기)
Text

1. All claims filed by the plaintiff (appointed party) and the designated parties are dismissed.

2. The costs of lawsuit are assessed against the Plaintiff (Appointed Party).

Reasons

1. Facts of recognition;

A. Before the Korean War of the War of the Republic of Korea where the civilian sacrifice case in the Hamyeong-gu region was involved in the conflict between the two parties, the police and soldiers belonging to the Defendant had committed a disturbance of the next forces in the Hamyeong-gun in the Hamyeong-gun in the Hamyeong-gun in the Hamyeong-gu. The police and soldiers belonging to the Defendant committed a disturbance of the said forces.

In addition, from July 23, 1950, after the Korean War was launched, the People's Republic of Korea started to proceed to the Hamyeong-gun, Hamyeong-gun. The military personnel belonging to the defendant started to carry out the incidental water operations on October 22, 1950 on October 22, 1950, and started to carry out the incidental water operations on October 11, 1950 from the mid of the 2nd 5th 5th 1950, while the 3rd 5th 5th 1st 5th 1st 1st 1st 1st 1st 1st 1st 2nd 1st 2nd 2nd 2nd 2nd 3th 2nd 1950.

As such, the military personnel belonging to the defendant began to engage in earth and sand operations, the police officers belonging to the Hamyeong-gun Police Station from November 1, 1950 to February 19, 1951, led by the National Armed Forces from around the time of military heritage operations. The military personnel started to carry out earth and sand operations in the area of Pyeongtaek-gun, excluding the Haman, the Haman, and the Hamsan.

As above, as the earth and sand operations have become important, the following forces, such as prompt mountain, up to the military heritage, were concentrated on the sloping mountain and expanded activities to the military heritage. Accordingly, on February 19, 1951, the Hamyeong Police Station, which was in the military heritage area, carried out soil punishment operations in the military heritage area on February 19, 1951, and the national army and the police jointly carried out soil punishment operations in the military and police area on February 20, 1951.

In the course of the above Saturdays operations, the military personnel belonging to the defendant, the police squad of the Jeonnam Police Bureau, the police squad of the Hamyeong Police Station, and the Mine Police Station of the Republic of Korea were murdered by at least 224 residents in the Hamyeong-gun, the first half of October 22, 1948 to July 10, 1951, who were before and after the Korean War.

(hereinafter referred to as “private case of sacrifice”). (b)

The Act on the Settlement of Truth and Reconciliation (hereinafter referred to as the "Act on the Settlement of History") is established in accordance with the Framework Act on the Settlement of History for the Truth and Reconciliation.

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