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(영문) 창원지방법원 2017.11.02 2016가합55493
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On October 18, 1979, the plaintiffs participated in a democratization dispute, which was organized around Busan and Masan (hereinafter “Masan Democratic Port dispute”) and were arrested and detained, and they were detained in the Msan Police Station, Busan detention center, etc. around October 25, 1979, and the plaintiffs E and F released them on November 11, 1979 upon being sentenced 15 days of detention and 10 days of detention order from the Busan District Court Msan branch, and released them on November 28, 1979 upon being dismissed on November 29, 1979 by the Martial Law Court Council, which was dismissed on November 28, 1979.

B. After the fact-finding decision, the Committee established under the Framework Act on the Settlement of Truth and Reconciliation for the Truth and Reconciliation of the History that, in the course of the Madem Democratic Port on May 25, 2010, it was necessary to verify the victims of the Madem Democratic Port and take measures for restoring their reputation and remedy, since military personnel, police, and citizens were found to have violated human rights (hereinafter “the truth-finding decision of this case”).

C. Accordingly, the Act on the Restoration of Honor and Compensation, etc. to Persons Related to the Mam Democratic Aviation (hereinafter “Mam Democratic Aviation Compensation Act”) was enacted on June 4, 2013 and enforced on December 5, 2013 for the compensation, etc. to the victims of the Mam Democratic Aviation or their bereaved family members, and the Committee for Deliberation on the Truth of the Mam Democratic Aviation and the Restoration of Honor of Persons Related to the Mam Democratic Aviation (hereinafter “instant Committee”) was organized pursuant to the Mam Democratic Aviation Compensation Act, and was decided to recognize the Plaintiffs as persons related to the Mam Democratic Aviation from March 9, 2015 to October 26, 2015.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap 1 through 38 (including a branch number), the result of the personal examination of plaintiffs D and G, the purport of the whole pleadings

2. The plaintiffs' assertion and the defendant's assertion.

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