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(영문) 서울고등법원 2015.10.06 2014나2047106
손해배상(기)
Text

1.The judgment of the first instance court, including the claims extended by this court, shall be modified as follows:

The defendant.

Reasons

1. Basic facts

A. On July 1950, immediately after the outbreak of the Korean War, the police officers belonging to the police station in Daegu and North Korea, and the members of the Armed Forces Military Police Team, etc. were detained in Daegu and North Korea police station in the area of Daegu of the Republic of Korea on the ground that a considerable number of prisoners were likely to be accompanied by North Korea Armed Forces, and were killed in group without following trial procedures, etc.; and, on account of the poor environment of the Daegu of the State Armed Forces, they neglected to killer or die in group (hereinafter referred to as “Seoul of the State Armed Forces of the Republic of Korea”) (hereinafter referred to as “the case of sacrifice in Daegu of the State Armed Forces”).

A) In addition, the police officers and the members of the military police corps et al. were collectively killed in a group instead of according to trial procedures, etc. from the Macheon-si area where a considerable number of inmates were confined to Kimcheon-si Office at the same time (hereinafter “the case of sacrifice against Kimcheon-si Office”).

(2) On June 29, 2010, the Commission for the Settlement of History established pursuant to the Framework Act on the Settlement of History for the Truth and Reconciliation (hereinafter “The Act”), received an application for ascertaining the truth from the relevant persons with respect to the case of the sacrifice of Daegu and Kimcheon-type Unsubsa, and subsequently examined the instant case, it was presumed on June 29, 2010 that the Sea Zone was the victim of the Daegu-type Unsacrifa, and confirmed that the deceased Y and AA was the victim of the Daegu-type Unsifacrifa, and that the deceased AB was the victim of the Daegu-type Unsifacrifa-type Unsifacrifa-type Unsifa-type Unsifies case.

3. On the other hand, the past management committee at the time rendered a decision that it is impossible to ascertain the truth on the ground that it is difficult to recognize a direct causal relationship between the Guta and the death, in view of the fact that the Guta and the death of AC, even if there was a ta in the process of investigation prior to being admitted to the Daegu District Office on September 16, 2010.

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