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(영문) 서울중앙지방법원 2021.01.15 2020가합538044
손해배상(국)
Text

1. The defendant shall pay to the plaintiff A 131,314,286 won, the plaintiff B, and C respectively for KRW 27,542,857 and each of the above amounts.

Reasons

1. Basic facts

A. D’s investigation and trial 1) D’s operation of E as the captain of E around May 1968 and returned to the Incheon Port around October 1968, when he had been engaged in fishing at the inshore sea.

2) D was engaged in fishing beyond the Military Demarcation Line on November 4, 1968, and was urgently detained due to the violation of the National Security Act, the violation of the public law, and the violation of the law on fisheries.

At the time, the military police station of the military was seized in the form of voluntary submission, such as 17 Gamba, 20 Kamba, 40 Gamba and working clothes owned by D.

3) On December 5, 1968, the Jeonju District Court issued a detention warrant against D on the charge of violating the National Security Act, etc.

On December 5, 1968, the above detention warrant was executed around 23:15.

4) On December 28, 1968, a public prosecution was instituted against D on the charges of violation of the law of fisheries, violation of the public law, and leakage of military flags by Jeonju District Court 68Da3084, Jeonju District Court 68Da3084.

On February 20, 1969, the Jeonju District Court rendered a judgment of innocence on the grounds that the act of coercion cannot be punished for leakage of military flags. On the other hand, the Prosecutor and D et al. appealed against the judgment subject to a retrial and sentenced D to three years of imprisonment and suspension of qualification for a violation of public law and fishery law (hereinafter “ judgment subject to a retrial”). However, on July 12, 1969, the Gwangju High Court rendered a judgment dismissing the appeal as the 69No77 on July 12, 1969.

At that time, the judgment subject to review became final and conclusive.

6)D was released on December 10, 1971 at the expiration of its term of punishment.

7) On August 19, 1975, D prepared and submitted a report to a person subject to security surveillance, received a decision on December 8, 1977 on the observation and disposition for protection, and received a disposition for security surveillance on April 26, 1990 until it received a decision on the exemption from the observation and disposition for security surveillance.

B. D and Plaintiff A married with their marriage, and Plaintiff B and C were married to have their daughters B and C.

2) D As of October 3, 1996, died on 1996, D’s spouse A (3/7 of shares of inheritance), Plaintiff B and C (as of shares of inheritance 2.0 shares of inheritance).

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