2016Du346 The revocation of revocation of a decision on pro-Japanese conduct.

1. A;

2. Incorporated Foundation B;

The Minister of Government Administration

Seoul High Court Decision 2011Du40709 Decided January 14, 2016

April 13, 2017

All appeals are dismissed.

The costs of appeal are assessed against each party.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Regarding the plaintiffs' grounds of appeal

A. Article 2 of the Special Act on Finding the Truth of Anti-National Acts under the Japanese colonial Rule (hereinafter "The Anti-National Finding Act") provides that "The anti-national acts of anti-nationalism" shall be "the acts falling under any of subparagraphs 1 through 20 of the following subparagraphs committed from the beginning of the Japanese War to August 15, 1945," while subparagraph 11 of the Act lists the acts of anti-nationalism as "an act leading, leading in or compelling the promotion of, or forcing the military service of, the student soldiers, volunteer soldiers or requisition at a nationwide level," and subparagraph 17 of the Act provides that "an act of actively cooperating with the Japanese colonial rule and the Japanese colonial rule as the head or executive officer of the major external group of the Japanese governing body."

B. On the grounds indicated in its reasoning, the lower court determined to the following purport. (1) In light of the facts as indicated in the judgment regarding (1) the participation in the meeting for the performance of the sanctions system by the deceased C (hereinafter “the deceased”), the obscenity’s act in [Attachment 1] in the judgment of the deceased, it is reasonable to view that the act constitutes an act of leading or instigating the deceased’s school soldier, volunteer soldier, volunteer soldier, disciplinary soldier, or requisition at a nationwide level. (2) According to the facts in the judgment on the deceased’s activities, such as the activities of the deceased’s members, members, directors, staff, and members, etc., (3) the act in [Attachment 1] of the judgment of the deceased’s list in [Attachment 1] as the head of the major external group or executive group of the Japanese governing organization, or the head of Japan’s governing organization, who has contributed to the development of the deceased’s national culture and military discipline, it is reasonable to view that the act did not actively participate in and have contributed to the development of the deceased’s national culture and military discipline.

Even if there are such circumstances or the evidence of this case alone, it does not reach the degree of breaking the initiative and activeness of the above pro-Japanese act. Therefore, the decision that each of the above acts of the deceased constitutes pro-Japanese act as provided in subparagraphs 11 and 17 of Article 2 of the Anti-National Investigation Act is lawful.

C. The Plaintiffs’ assertion disputing the fact-finding based on the aforementioned determination by the lower court is merely an error in the determination of the choice and probative value of evidence belonging to the free evaluation of the fact-finding court. Furthermore, examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err in its determination by misapprehending the legal doctrine on pro-Japanese conduct and standards for its determination under Article 2 subparag. 11 and 17 of the Anti-National Corruption Act, or by exceeding or abusing its discretionary power, contrary to what is alleged in the grounds of appeal.

2. As to the Defendant’s ground of appeal

A. Article 2 subparag. 13 of the Anti-National Corruption Act provides that "an act of actively cooperating in the colonial rule and war against aggression" of the Japanese colonialism by actively leading the anti-nationalism decentralization or the yellowization movement through social and cultural institutions or organizations.

B. On the grounds indicated in its reasoning, the lower court determined to the following purport. (1) In order to determine that certain acts constitute pro-Japanese and anti-national acts under Article 2 subparag. 13 of the Anti-National Identification Act, it is sufficient to actively lead the internal decentralization or anti-nationalism through social, cultural or cultural institutions or organizations, and even if it is not required to directly organize and operate a society, culture or organization for the purpose of actively leading the decentralization or anti-Japanese movements, even if it is not required to directly operate a social, cultural or cultural institution or organization for the purpose of carrying out the anti-nationalism, taking into account the differences in the language and text with subparagraphs 10, 17, 19, and 20 of the same Article, it is difficult to view that the act of actively cooperating in the Japanese colonial rule and anti-national War constitutes an anti-national classic act under Article 2 subparag. 13 of the Anti-National Identification Act to the extent that it constitutes an anti-national classic or anti-national classic act under Article 2 subparag. 13 of the deceased’s Act’s.

C. Examining the reasoning of the lower judgment in light of the relevant statutes and legal principles and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine regarding pro-Japanese conduct and standards for determination thereof under Article 2 subparag. 13 of the Anti-National Corruption Act, or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules

3. Conclusion

All appeals are dismissed, and the costs of appeal are assessed against each party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Yong-deok

Justices Kim Jae-han

Justices Kim So-young

Justices Lee Dong-won