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(영문) 창원지방법원 2014.01.23 2012가합32522
손해배상(기)
Text

1. The Defendant’s “personal worth” as stated in the separate sheet 2 to the Plaintiffs, respectively, and as from December 19, 2013.

Reasons

1. Basic facts

A. On October 19, 1948, the background of the case No. 1) by the 14th National Armed Forces, who was stationed in the south of the Republic of Korea on October 19, 1948, caused a so-called "mar accident that caused a disturbance" during the dispatch for the suppression of the Jeju 43 Incident. After that, the armed forces of the 14th Republic of Korea escaped from the Dogsan and went to the Dogsan War, and were engaged in prompt mountain activities in the Dogsan War.

B) The Armed Forces, the police, etc. were collectively killed of civilians residing in the area of Gyeong-nam, Hayang, Dong-dong, and Cheongsan who had been working in the area of Gyeongsan-do while performing the duties of cryp operations as soon as possible (hereinafter referred to as “the case of sacrification of civilians in Western-do”).

2) On June 30, 2010, the lower court affirmed the truth-finding decision that “The Committee for the Settlement of History established under the Framework Act on the Settlement of History for the Truth and Reconciliation (hereinafter “The Act”) was to conduct an investigation, data investigation, on-site investigation, etc. on the case of sacrifice by the civilian in Western-do and the police for the truth-finding, and on-site investigation on June 30, 2010, the case of sacrifice by the civilian in Seocho-do and the National Armed Forces was the case where the civilian was illegally killed without any lawful procedure under the command of the National Armed Forces and the police following the outbreak of the Korean War, the preliminary investigation after the outbreak of the Korean War, and the fact that the deceased made a sacrifice around June 20, 194 (hereinafter “the truth-finding decision of the case”).”

B. The National Report Federation was established by the Government of the Republic of Korea to transfer the persons related to the following and to manage and control the former. The externally asserted that the president of the National Report Federation is an organization consisting of the former. However, the Minister of Home Affairs and the Minister of National Defense, the Minister of Justice and the Minister of National Defense, the subordinate director of the National Report Federation, or the senior director of the Prosecutor’s Office and the police officers are responsible for the latter.

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