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(영문) 서울고등법원 2016.12.16 2016나2051017
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The Plaintiff shall bear the total costs of the lawsuit after filing the appeal.

purport, purport, and.

Reasons

1. The facts following the facts do not conflict between the parties, or may be acknowledged by taking account of the whole purport of the pleadings in each entry in Gap evidence Nos. 1-1, 2, and 13.

On July 1950, immediately after the outbreak of the Korean War, there was a case in which the Korean National Report Federation and preliminary inspection personnel in the area of Chungcheongbuk (Yeongdong, Maok, Macheon, voice, Jincheon, etc.) were punished by the police, soldiers, etc. without following legitimate procedures, such as trial, etc. (hereinafter referred to as the "Korean National Report Federation of Chungcheongbuk").

B. The former History Settlement Committee established under the Framework Act on the Settlement of Truth and Reconciliation for Truth and Reconciliation (hereinafter “former History Committee”) received a request to verify the truth from the persons involved in the case of the North Korean Film Association, and subsequently examined the case on November 3, 2009.

C. The Plaintiff is a wife of LA, who is confirmed as a victim in the truth-finding decision as seen above.

2. The police officers, soldiers, etc. of the Plaintiff alleged to be the Defendant were killed in July 1950 without following lawful procedures such as illegal arrest and detention of L, and without trial. The Defendant, as a supervisor of the police, soldiers, etc., was obligated to pay consolation money to L, who suffered mental pain due to the illegal act committed by them in the course of performing their duties, and to KA, its wife.

Therefore, the defendant is obligated to pay 150 million won (LA consolation money of KRW 100 million) and damages for delay to the plaintiff who succeeded to KA as the adopted child of the defendant, who is obligated to pay the plaintiff 150 million won (LA consolation money of KRW 50 million).

3. First of all, we examine whether L/W was sacrificeed by the North Korean People's Report Federation.

The following circumstances, which can be acknowledged by adding up the arguments in Gap evidence 13 and evidence 52-28 and 29, are the following circumstances, i.e., L on the removed copies: (i) reported marriage with KA on June 24, 1954; and (ii) the Australia around 1957.

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