2012du6278 The revocation of disposition to revert friendly property to the State.

A person shall be appointed.

The Minister of Justice

Seoul High Court Decision 2011Du29702 Decided February 17, 2012

September 13, 2013

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

In the case of the senior officer who was in charge of the key role of Japanese politics and colonial rule, the act of acting as a witness alone constitutes pro-Japanese and anti-national actors under Article 2 subparagraph 1 (a) and Article 2 subparagraph 9 of the Special Act on the Finding the Truth of Anti-National Acts under the Japanese colonial Rule (hereinafter referred to as the "Special Act on the Finding the Truth of Anti-National Acts"), unless there are special circumstances. However, the term of office is very short or formally short, it is limited to the position of the senior officer, and in fact, it is excluded from pro-Japanese and anti-national actors only in exceptional cases, such as the act of acting as a witness (see Supreme Court Decision 201Du2138, Apr. 28, 201).

In citing the judgment of the court of first instance, the court below citing the judgment of the court of first instance, and 1941.

5. On December 12, 194, the deceased was paid 1,800 to 2,400 won each year as a witness until he was appointed as a senior senior officer of the Joseon Do governor as a senior senior officer of the Joseon Do governor, and on June 23, 1942, submitted a letter of reply to the purport that "the meeting of the senior officer of the Japanese army as a senior director through the physical acquisition of Japanese spirit and the Do governor as a senior director of the Japanese army as a senior director of the Japanese army as a senior director of the Japanese army and for more than four years, and the deceased was appointed as a senior senior citizen of the Japanese army as a senior citizen of the Japanese army as a senior citizen of the Japanese army and did not have any other reason to believe that all the evidence submitted by the plaintiff was insufficient to recognize the deceased as a senior citizen of the Japanese society or that there was no other evidence of the deceased's senior citizen's participation in the activities as an independent citizen of the Japanese society or that there was no other reason to recognize the deceased's active participation in the activities.

In light of the above legal principles and records, the above fact-finding and determination by the court below are just and acceptable. Contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles of the Special Act on Reversion or the Special Act, or by omitting judgment

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Min Il-young

Justices Lee In-bok

Justices Park Poe-young

Justices Kim Jae-han