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(영문) 대법원 2016.11.09 2012두3767
친일반민족행위결정처분취소
Text

Of the part of the judgment below against the plaintiff, Article 2 subparagraph 14 of the Special Act on Finding the Truth of Anti-National Acts under the Japanese colonial Rule.

Reasons

1. Plaintiff’s grounds of appeal (to the extent of supplement in case of supplemental appellate briefs not timely filed)

A. As to the allegation in the grounds of appeal regarding Article 2 subparag. 13 of the Special Act on Finding the Truth of Anti-National Acts under the Japanese colonial Rule (hereinafter “ Anti-National Finding Act”), Article 2 of the Anti-National Finding Act provides that “an act falling under any of the following subparagraphs committed from the beginning of the Japanese War before the opening of the Japanese War during which the seizure of national sovereignty was commenced,” and lists subparagraphs 1 through 20, and subparagraph 13 of the same Article provides that “an act actively cooperating with the Japanese colonial rule and the war against the Japanese colonial rule by actively leading the Japanese colonial rule through social cultural institutions or organizations.”

(2) The lower court, on the grounds indicated in its reasoning, determined as follows.

Article 2 of the Anti-National Corruption Act lists the specific types of pro-Japanese acts, and the meaning of “the act of actively cooperating in the anti-national administration and the war of aggression”, which is defined as the form of such acts, is unclear, and considering the political situation at the time, there is a concern over excessively wide scope in light of the current political situation, the above provision is deemed to be limited to the scope of the subject or the form of the act. The decision of this case can infringe on fundamental rights, such as personal rights. Thus, when interpreting pro-Japanese acts under each subparagraph of the above provision, it shall be strictly in accordance with the language and text, and the content and method of the person subject to the investigation shall be proved to the considerable extent.

The publication of the network D(hereinafter referred to as “the deceased”)’s magazine “F” and the publication of the said magazine, and the activities as executive officers of AO organizations and AP organizations.

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