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(영문) 서울중앙지방법원 2013.06.26 2013가합22299
손해배상(기)
Text

1. The defendant 14,399,99 won, plaintiff B, C, D, and E respectively, and 16,28,571 won, plaintiff G, and plaintiff F.

Reasons

1. Basic facts

A. Before the Korean War, the Korean Armed Forces discussed the Marara and dispatched it to North Korea on February 1949, thereby establishing a heading unit as a special unit to punish the shock.

On July 2, 1949, the sixth unit of Hoelim, which was stationed in the human area of Gangwon-do, requested the deceased K residing in J (hereinafter referred to as the "the deceased") to change rice while occupying the J in the human area of Gangwon-do and conducting its operations, but was rejected, the deceased led the deceased to the JJ forest as his son, and was killed.

B. As a result of the investigation of the instant case on May 18, 2010, the Korean War Mediation Committee established pursuant to the Framework Act on the Settlement of History for Truth and Reconciliation (hereinafter “the Framework Act on the Settlement of History”) received an application for ascertaining the truth of L, who is the deceased’s son of the case described in the instant paragraph, and conducted a truth-finding investigation on the instant case.

C. At the time of the deceased’s death, the husband’s husband’s husband’s M (the death of March 3, 1973), the South N (the death of January 9, 1993), the Southern L (the death of June 6, 201), and SamnamO (the death of July 21, 1964).

Plaintiff

A is the wife, Plaintiff B, C, D, and E of the network N, while Plaintiff F is the wife, Plaintiff G, and H are the children of the network L.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 8 (including each number), and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. The plaintiffs asserted that the defendant is responsible for compensating the deceased and their bereaved family members for mental damage suffered by the deceased as the supervisor of the soldiers who illegally killed the deceased in the case of a civilian sacrifice in the area north of Gangwon-gu.

In regard to this, the defendant is a victim by public authority of the deceased only based on the results of the investigation of the past history adjustment committee, which was mainly indirect or dependent on hearsay evidence for the purpose of liquidation of the past history.

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