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(영문) 서울고등법원 2016.02.25 2015나2008733
손해배상(기)
Text

The judgment of the first instance court, including the plaintiffs' claims changed in the trial, shall be modified as follows.

The defendant.

Reasons

Basic Facts

At the time of the outbreak of the Korean War, approximately 4,00 inmates, including those related to the Jeju 43 Incident and the Wiven Incident, were confined in the Daejeon Prison at the time of the outbreak of the Korean War. After the outbreak of the Korean War, the Korean War began to be confined in the Daejeon Prison.

On July 1, 1950, the Director of the Daejeon District Office issued an order for the treatment of inmates in the Daejeon District Prison on the new wall and the release order for general criminal offenders, and classified the political and ideological crimes among prisoners who were confined in the Daejeon District Office at the request of the Military Police Officer, and the general criminal offenders who were sentenced to imprisonment for not less than 10 years, from among those who were sentenced to imprisonment with prison labor.

From around that time to July 17, 1950, inmates classified as above were escorted by the military policemen to the truck requisitionedd by the police, and were collectively killed by the Chungcheongnam-nam District CIC, the second military police corps, and the police police officers in the Daejeon area.

(2) On September 28, 1950, at the time of the Korean War, the civilian sacrifice case was occupied by the People’s Forces and was occupied on July 28, 1950. After the Korean Armed Forces recovered from the above area, the military personnel, the police, and the security guards of the Defendant were killed in group without following lawful procedures, such as trial, due to the suspicion of the military activities and the suspicion of the secondary duties, etc.

(hereinafter referred to as “the case of sacrifice of civilians suspected of having been committed in the Chungcheong area.” The former History Adjustment Committee established pursuant to the Framework Act on the Settlement of History for Truth and Reconciliation for Truth and Reconciliation (hereinafter referred to as the “Act”), for the Truth and Reconciliation (hereinafter referred to as the “Reconciliation Committee”), is the persons involved in the case of sacrifice of inmates in Daejeon or the Chungcheong area.

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