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(영문) 전주지방법원정읍지원 2013.12.11 2013가합2554
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs' assertion G (hereinafter "the deceased") is the form of the plaintiff A, B, C, and D, and the plaintiff E's birth and the plaintiff F's smaller birth. The plaintiff E's participation in the burial of the soon delivery dead body on May 1951 was carried out by the police and was missing after being investigated. The plaintiff's assertion G was killed without justifiable grounds without undergoing lawful procedures by the police on the last day of the same month.

Therefore, the defendant should pay consolation money as a result of the death of the deceased to the plaintiffs who are the bereaved family members of the deceased as compensation for tort of public officials belonging thereto.

2. Examining the probative value of the investigation report or the decision of the past History Settlement Commission, in the event of an investigation report or a disposition by the past History Settlement Commission, there may be sufficient evidence in a civil suit claiming damages against the State, barring any special circumstance. However, the fact that the decision was made by the Committee on the Settlement of History solely based on the fact that there was a decision on the confirmation or presumption of victims of the past History Settlement Commission, the fact that all of the persons subject to the decision were sacrificed by the State, such as the Gun or the police, without any room for dispute over the credibility, etc.

Therefore, among the investigation report of the past history settlement committee, the overall flow of the case and the present situation and the overall contents of the case are deemed to have considerable credibility. However, in civil cases claiming damages against the state, the whole framework of the civil cases claiming damages against the state should undergo the procedure of confirmation by evidence, such as individually examining the corresponding part of the investigation report, and the procedure is also the legal fact of the contents of the investigation report or disposition of the settlement committee.

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