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(영문) 광주고등법원 2015.07.03 2014나14282
손해배상(기)
Text

1. The defendant's appeal against the plaintiffs is dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. Basic facts

A. During the period from October 19, 1948 to August 1949, when the No. 2, 4, 5, 12, and 15 of the Armed Forces, military personnel belonging to the National Army and police officers belonging to the Water Police Team, etc., were to kill residents on the grounds that they were anti-military co-offenders, police officers, and police officers belonging to the nive police station, etc., and were the knives or sub-persons.

(hereinafter referred to as "marries in leisure areas"). (b)

The former History Settlement Commission established pursuant to the Framework Act on the Settlement of History (hereinafter referred to as the "Framework Act on Settlement of History") for the Truth Reconciliation of the Decision of the Former History Settlement Commission for the Reconciliation of Truth (hereinafter referred to as the "Reconciliation Commission") was investigated into the order of the leisure region by means of the applicant investigation, reference witness investigation, data investigation, on-site investigation, etc. upon application for the Finding of Truth.

On June 29, 2010, the past History Settlement Board rendered a decision to ascertain the truth to confirm the sacrifice of 124 residents with respect to the case in the female water area.

(2) The truth-finding decision of this case contains the following: (a) the truth-finding decision of this case includes the fact-finding decision of this case: (b) the fact-finding decision of this case includes the fact-finding decision that A, B, and C (hereinafter “the deceased of this case”).

C. As the bereaved family members of the deceased of this case, the parties concerned are specified in the corresponding part of the family relationship among the “the calculation details according to family relationship and inheritance” attached Form 1.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 6 through 8 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Determination as to liability for damages

A. (1) The parties asserted that the military police officers of the Defendant asserted against the Plaintiffs infringed on the right to a trial according to the freedom of body, right to life, and due process, which are fundamental rights of the people guaranteed by the Constitution, by killing the Deceased without due process, without any justifiable reason.

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