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(영문) 서울고등법원 2014.10.06 2013나2020418
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall attach attached Form 1. to the rest of the plaintiffs except the plaintiff A and B.

Reasons

Basic Facts

As the single election crisis occurred in South Korea in 1947, the South Korean Peninsula led the war against the armed forces in Jeju-do in order to prevent it.

on October 19, 1948, 07:00 the Army Headquarters shall make a proposal to the Army 14 joints that had been stationed in scopical waters.

4. 3. An order of departure was issued for the suppression of the instant case, and 2,000 military personnel belonging to the 14th Army, opposing the order, and the remaining 2,000 military personnel went against the order, resulting in disturbance.

In the 14th Army, the People's Committee was organized for each Myeon unit in the area where the 14th Army Armed Forces occupied, and the anti-military forces and local police groups were to hold the People's Trial and to kill the friendly people, such as police officers, public officials, and local maintenance, or to shoot the government offices.

From October 21, 1948, the defendant carried out this kind of suppression operations, and returned to the area where the military had been frighted, including the fruit trees, until October 27, 1948. At the same time, the military police started to find the cooperation with the armed forces.

On November 1, 1948, the martial law decree, which was set up in the above area, expanded to the Jeonnam-do area on November 1, 1948, and on November 6, 1948, Jeonnam-do Police Bureau, which had jurisdiction over Jeonnam-do area, inspected and searched the jurisdiction.

In addition, through the adviser, those who provide meals, clothing, money and other valuables to them together with illegal weapons holders, armed forces, widths, subversors, persons who provide them, through the adviser, have announced that they shall be punished by death or other punishment.

From November 1, 1948 to the outbreak of Korean War, police officers belonging to the above region and military personnel belonging to the Army, including the three, one2, and fifteen military forces of the said region, engaged in the inspection of the village and the persons suspected of having been related to the anti-military forces in the course of conducting fluoring and singing operations under martial law.

In this process, a large number of the residents of the region in which anti-military groups had been fluorous and moving routes, such as net, precedent, and universality, have not gone through due process for military personnel and police without going through due process on the ground that they are subordinate or anti-military cooperation.

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