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(영문) 서울중앙지방법원 2014.01.22 2013가합513467
손해배상(기)
Text

1. The Defendant: (a) KRW 161,885,018; and (b) KRW 127,272,727; (c) Plaintiff C, D, and E respectively; and (d) KRW 68,181,818.

Reasons

1. Facts of recognition;

A. The Plaintiff A is a Korean national who was born in Japan from the F. The Plaintiff A is a Korean national in the Republic of Korea. The Plaintiff A is a Korean national in the Republic of Korea on September 1, 1984 during study in G University (hereinafter “the National Security Headquarters”).

2) On September 29, 1984, the security investigator detained the Plaintiff A without a warrant of a judge until a warrant of detention is issued.

The security investigator forced the plaintiff A to make a confession that he/she committed a espionage act, such as detecting and collecting national secrets, by breaking the Republic of Korea after being ordered by the members of the anti-government organization. During this process, the security investigator conducted harsh acts, such as monmons, etc., and the water adviser, electric adviser, etc.

3) Plaintiff A made a false statement with the purport that “the State secrets was detected and collected under the direction of members of anti-government organization He did not have any suspicion,” and that “the State secrets was detected and collected under the direction of members of anti-government organization.” B. The Plaintiff A was charged with the crime of violation of the National Security Act (Spys, etc.) and the crime of violation of anti-government law (Spys, etc.) by the Seoul Criminal Court

The summary of the facts charged is that “Plaintiff A, who was ordered by Nonparty H, who was a member of an anti-government organization in concert with North Korea, was locked in Korea, and confirmed and collected confidential information from July 1, 1978 to May 1, 1984, and reported it to H, and reported it to H. On November 1983, 1983, and held a book-keeping around February 20, 1984.”

2) On April 3, 1985, the Seoul Criminal District Court convicted all of the facts charged and sentenced the plaintiff A to seven years of imprisonment and suspension of qualification. The Seoul High Court (Seoul High Court Decision 85No1394) dismissed the appeal of the plaintiff A and the prosecutor on July 27, 1985, and the Supreme Court (No. 85Do1876) dismissed the appeal of the plaintiff on November 26, 1985 and sentenced the above decision (hereinafter referred to as the "decision on the retrial of this case").

(3) The plaintiff A was released on June 30, 198, according to the judgment of the retrial of this case.

(c)for true reconciliation;

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