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(영문) 서울중앙지방법원 2016.07.20 2014가합548118
손해배상(기)
Text

1. Defendant B Co., Ltd. is the first head of the “D” program initially broadcasted after the instant judgment became final and conclusive.

Reasons

1. Basic facts

A. The plaintiff is a party. On October 26, 1980, the plaintiff is the north of the Military Demarcation Line (hereinafter "North Korea").

The father L and her mother, who is a son of the Republic of Korea, was born into the Republic of Korea from among the 1 South and North Korean women of Ma, and on March 10, 2004, North Korea was escaped from North Korea through the Incheon Airport on April 25, 2004. Defendant B Co., Ltd. (hereinafter “Defendant B”), Defendant C Co., Ltd. (hereinafter “Defendant C”), and Defendant C Co., Ltd (hereinafter “Defendant C”) are broadcasting business operators under Article 2 subparag. 3 of the Act on Press Arbitration and Remedies, etc. established for the purpose of each broadcasting business (hereinafter “ Press Arbitration Act”).

B. Article 2 subparag. 1 of the North Korean Refugees Act (hereinafter “North Korean Refugees Act”) provides that “North Korean defector means a person who has his/her domicile, lineal family, spouse, workplace, etc. in the area north of the Military Demarcation Line and has no foreign nationality after escaping from North Korea, and who has already acquired Chinese nationality before escaping from North Korea, and does not constitute a person who has already acquired Chinese nationality and is subject to protection and support as prescribed by the aforementioned Act, by concealing the status of North Korean defector of the Chinese nationality, which is a “N,” and making a statement under the presumption that he/she is an “O” with North Korean nationality.

On July 2, 2004, the Seoul Family Court obtained the permission for the entry into a family register on July 15, 2004, and entered the family register on July 15, 2004.

B. The Plaintiff received social adaptation education at one source, which is a settlement support facility for North Korean defectors, from August 2004, and the Ministry of Unification determines the Plaintiff as the North Korean Refugees Act.

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