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(영문) 전주지방법원정읍지원 2013.10.23 2012가합1332
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs' assertion C (hereinafter "the deceased") is the husband of the plaintiff B, and the father of the plaintiff A. The plaintiff participated in the burial of the body as soon as the police officer around May 1951. The plaintiff's assertion C ( "the deceased") was involved in the police and was missing after being investigated. The plaintiff's argument C ("the deceased") seems to have been killed without justifiable grounds without undergoing lawful procedures by the police on the last day of the same month.

Therefore, the defendant should pay consolation money as a result of the death of the deceased to the plaintiffs who are the bereaved family members of the deceased as compensation for tort of public officials belonging thereto.

2. Examining the probative value of the investigation report or the decision of the past History Settlement Commission, in the event of an investigation report or a disposition by the past History Settlement Commission, barring any special circumstance, evidence may be used in a civil lawsuit claiming damages against the State. However, the mere fact that a decision or presumption decision was rendered by the Committee on the Settlement of History, which did not need to examine the credibility, etc. of the grounds on which such a decision was made, cannot be said to have been confirmed without any doubt that all the persons subject to the decision were sacrificed by the military or the police, or that the State’s tort liability is necessarily recognized.

Therefore, among the investigation reports by the committee, the overall flow of the case and the present situation and the overall contents of the case are deemed to have considerable credibility. However, in civil cases claiming damages against the State, the whole framework of the civil cases claiming damages against the State, the relevant part of the investigation report should be examined individually and confirmed by evidence. The contents of the investigation report or disposition by the committee for reorganization are the same as the legal presumption of facts in its procedure.

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