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(영문) 대법원 2016.12.15 2014다230603
손해배상(기)
Text

1. Of the judgment below, Plaintiff DJ, DK, DL, DM, DM, DN, DO, DP, Q Q, DDR, DTR, DTR, DU, DV, DW, X, DY, DB (ND) EB (ND), EEC, EE, EF, and EF.

Reasons

1. We examine the grounds of appeal by the plaintiff AE, AF, AG, AH, AI, AJ, AK, AL, AM, AO, AS, AS, ATS, AU, AV, AW, AX, AY, and BI.

The lower court rejected the Plaintiffs’ claim on the ground that the evidence presented in light of the circumstances stated in its reasoning alone is difficult to deem that the net FG, FH, FN, FJ, FJ, and FL were victims of the civilian sacrifice in the area where it was net Chang-si, and there is no other evidence to acknowledge it.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court’s aforementioned determination is justifiable, and contrary to what is alleged in the grounds of appeal, there were no errors in violation of the principle of free evaluation of evidence.

2. We examine the grounds of appeal by the plaintiffs, who are the bereaved family members of GN, GO, GP (DW) , Q, GR (GS), GT, GU, and GV.

A. Without examining the relevance, credibility, etc. of the basis of recognition solely based on the fact that a decision was rendered by the Committee on the Settlement of History on the basis of the fact that there was a decision on the confirmation of the victims of the previous crime, the said persons were determined without room for a dispute over the fact that all the victims were victims of tort by military personnel, police, etc.

However, the investigation report by the past History Settlement Board is a flexible evidence in a civil lawsuit claiming damages against the State (see Supreme Court en banc Decision 2012Da202819, May 16, 2013).

(1) According to the reasoning of the lower judgment and the record, the former Bankruptcy Commission completed the investigation into the so-called “the 11st century case in the area south of Korea,” in which the residents of each region were collectively sacrificed by the 11th group 20 solidarity and the 9th group of the Armed Forces, which had been conducting water uniforms and frighting operations in Yangyang-gun, Sungsung-gun, the 10th group of the United States Armed Forces at the time of the Korean War at the time of the Korean War, and the so-called “the 11st group of the North Korean War,” and even if the fundamental rights of the fluent citizens were restricted in the course of exhibition.

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