1. Of the judgment of the court of first instance, the part against the defendant is revoked, and all the plaintiffs' claims corresponding to the revoked part are asserted.

Basic Facts

Before the Korean War, the Korean armed forces established a forest unit as a special military unit on February 1949, and discussed the cryptic mountain of the Gyeongbuk-do, and dispatched it to the North Korean occupation area of the 38°N to the North Korean occupation area of the 38°N.

The J area in the Republic of Korea, Gangwon-do, the Korean War, was the occupied area in North Korea.

On July 1949, the sixth unit of the Holim was to conduct operations, such as punishing North Korean People's Republic of Korea, security guards, etc. in J region in early 1949.

L on September 13, 2006, filed an application for ascertaining the truth about the death of his mother K (hereinafter referred to as “the deceased”) with the past management committee for the settlement of truth established in accordance with the Framework Act on the Settlement of History (hereinafter “Framework Act on the Settlement of History”) for the settlement of truth.

After investigating the above case, the previous Review Committee rendered a truth-finding decision on May 18, 2010, which confirmed the deceased as the victim of the civilian sacrifice case in the area north of the Gangwon-do, Gangwon-do, and confirmed that the deceased was the victim of the military sacrifice case.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1, Gap evidence No. 4-5, Gap evidence Nos. 7, and 8 (except for the part not trusted), and the plaintiffs' assertion of the purport of the whole pleadings, the defendant is the supervisor of the soldier who illegally killed the deceased, and is responsible for compensating for mental damages suffered by the deceased and their bereaved families.

At the time of the deceased’s death, there are husband’s wife M (the husband’s death on March 3, 1973), South N (the death on January 9, 1993), South son L (the death on June 6, 201), Samnam O (the death on July 21, 1964). The Plaintiff died with the deceased’s wife, Plaintiff B, C, D, and E, Plaintiff F’s wife, Plaintiff G, and H were children of the network N, while the deceased died with the deceased’s unmarried child.

Therefore, the above deceased and their bereaved family members inherited all of the plaintiffs, and the plaintiffs inherited the consolation money for mental damage to the deceased 8.