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(영문) 서울중앙지방법원 2013.02.08 2012가합32
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 Korean War occurred in the case involving the people's report franchisium and preliminary inspectors in the area of Chungcheongbuk-do (Yeongdong-dong, Incheon, 198, etc.) without following due process, such as trial by police, soldiers, etc. (hereinafter "the case of the North Korean National Report franchis Association").

B. The committee for the settlement of truth established pursuant to the Framework Act on the Settlement of History for Reconciliation of the Truth (hereinafter “Reconciliation Committee”) was based on the findings of the truth that “one hundred and eighty-three persons, including the National Report Federation of North Korea, were sacrificed in the area of Chungcheongbuk,” following the investigation of the case upon receipt of an application for ascertaining the truth by the relevant persons regarding the case.”

C. The Plaintiffs are bereaved families of A, B, C, D, E, F, G, H, H, K, K, K, L, M, M, and N (Evidence 1-1 of the truth-finding decision of the evidence No. 1), P, Q, Q, R, S, T, U, V, M, X, Y, Z, AB, AE, AB, AE, AE, AE, AF, AF, AH, AH, AH, AJ, AJ, AK, AL, AL, AP, Q, AP, ASS, AS, and AT (hereinafter referred to as “spiers of this case”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 51, fact inquiry results on the record repository of the country of the National Archives, the purport of the whole pleadings

2. The parties' assertion

A. The police officers, soldiers, etc. who belong to the plaintiffs' assertion were killed of the victims of this case without following lawful procedures such as illegal arrest, detention, trial, etc. The defendant is liable to compensate for damages suffered by the victims of this case and their bereaved family members due to the illegal acts committed by the police officers, soldiers, etc. as the supervisor of the police, soldiers, etc. in the course of performing their duties.

The plaintiffs are consolation money for mental damage suffered by the victims of this case and their bereaved family members due to the above tort, and active and passive damage is calculated.

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