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(영문) 서울중앙지방법원 2015.08.21 2014가합532724
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. B is detained on July 20, 1985 by the fact that the National Security Act is in violation of the National Security Act, etc. and for the same year

9.2. The indictment was made on November 23, 1985, and was sentenced to imprisonment for life for a violation of the public law and the violation of the National Security Act by the Seoul Criminal District Court.

B. The facts of the crime against the above B include the following facts: “B was included in Cho Jong-gun, an anti-government organization, in Japan from around 1980 to around 1981, and entered Korea under the order of the head of the military service and the appointment of the senior military officer in Korea.” On November 1, 1981, the Plaintiff, a member of the anti-government organization, who was in reserve service, was discovered and collected military secrets as to the personnel and assignment of senior military officers, and maintained a friendly relationship by means of detecting and collecting military secrets as to the personnel and assignment of senior military officers, who were in reserve service, and met with the Plaintiff. B left Korea with the Plaintiff as well as Japan in around 1982. C, which directly assessed whether the Plaintiff is suitable as an object of coverage, and met with the members of the anti-government organization.”

C. On July 11, 1985, the Plaintiff appeared at the National Security Headquarters in the process of investigating the case against the National Security Act against B, etc., and stated relatively in detail as to the background leading up to maintaining a friendly relationship with B, and the circumstances leading up to the collapse in Japan, etc. The Plaintiff’s written statement and the statement of reference witness against B were submitted as evidence in the criminal procedure against B.

[Ground of recognition] Facts without dispute, Gap 1, 2, 5, 6, 10 items, and the purport of the whole pleadings

2. On July 1985, the investigator of the National Defense Security Command, who belongs to the Plaintiff’s assertion, illegally arrested the Plaintiff and detained the Plaintiff for about 40 days, and forced the Plaintiff to make a statement as if he/she conducted a counter-espionage act with B.

The plaintiff due to illegal confinement by advisory investigators belonging to the defendant.

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