beta
Text
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
Reasons
The grounds of appeal are examined.
1. Regarding ground of appeal No. 1
A. Prior to the amendment by Act No. 11494, Oct. 22, 2012, 2012;
c. Article 2 of the former Anti-National Corruption Act
Article 2 Subparag. 7 of the Act on Finding the Truth of Anti-National Acts under the Japanese colonial Rule, which was amended by Act No. 11494, Oct. 22, 2012 (hereinafter “ Anti-National Corruption Act”).
Article 2 subparag. 7 of the former Act provides that “an act of receiving or succeeding to a commission from Japanese colonial act” shall be excluded from “a person determined by the instant commission as a person who refuses or accepts the commission or actively participated in an independence movement after the commencement of the commission.” Article 2 of the Addenda provides that “If the commission determines as a pro-Japanese act under Article 2 subparag. 7 of the former Act, it shall be deemed that the amendment of Article 2 subparag. 7 is determined as a pro-Japanese act: Provided, That this shall not apply where it is confirmed that this Act is not subject to the application of this Act according to the final judgment.”
B. Meanwhile, the former Special Act on the Reversion of Property of Pro-Japanese Collaborators to the State (amended by Act No. 10646, May 19, 201)
[1] The former Act on the Reversion of Pro-Japanese Property]
Article 2 Subparag. 1 (a) of the Special Act on Finding the Truth of Anti-National Acts under the Japanese colonial Rule provides that “the person who committed an act under subparagraphs 6 through 9 of Article 2 of the Special Act on Finding the Truth of Anti-National Acts under the Japanese Rule.” However, the Special Act on Reversion of Property of Anti-National Collaborative Acts to the State, amended by Act No. 10646, May 19, 201 (hereinafter “The Act on Reversion of Property”).
Subparagraph 1 (a) of Article 2 shall be referred to in subparagraphs 6, 8 and 9 of Article 2 of the Special Act to Finding the Truth of Anti-National Acts under the Japanese colonial Rule.