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(영문) 서울고등법원 2015.11.13 2014나2049713

손해배상(기)

Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall enter 15 to 34, 43 in the column of Attached No. 1.

Reasons

Basic Facts

Attached No. 1 to 14 Plaintiffs (excluding PlaintiffO) indicated in the column of Attached No. 1 to 14, and indicated the remaining Plaintiffs in the column of Attached No. 1, respectively, as follows, are the spouses and children of victims AR (Death February 2, 1986) who were convicted of violating the Presidential Emergency Decree No. 1, and the joint Plaintiff AS between PlaintiffO and the first instance court of the first instance (hereinafter “AS”) is pending in the first instance trial due to the request for adjudication of unconstitutionality. The victims who were convicted of the violation of Emergency Decree No. 1, and Plaintiff 15 through 34, and Plaintiff 35 through 42 are the family members of PlaintiffO, and Plaintiff 35 through 42 are the family members of AS:

After being detained on February 6, 1974 on charges of violating the Presidential Emergency Decree No. 1 (hereinafter referred to as the “Emergency Decree”) for the national security and the protection of public order, AR was indicted on charges of violation of the Emergency Decree No. 1 (hereinafter referred to as the “Emergency Decree”), and was charged on charges of violation of the Emergency Decree No. 1 (hereinafter referred to as the “Emergency Decree”) by the 74th National Assembly of Ordinary Law No. 5 (hereinafter referred to as the “Emergency Decree”). On March 8, 1974, the above Military Law Conference convicted the AR of all the charges against AR, and sentenced AR to 12 years and suspension of qualification.

AR appealed against the above judgment, and on April 19, 1974, the Emergency High Military Court Conference reversed the judgment of the court below and sentenced the AR imprisonment for seven years and suspension of qualifications for seven years.

(2) The first judgment of this case was final and conclusive on July 26, 1974, where the appeal was dismissed by the Supreme Court Decision 74Do1407. The first judgment of this case was final and conclusive.

Plaintiff

On June 1973, 1973, the plaintiffO found guilty of the crime of preparation for insurrection against theO was investigated by being involved with advisers who were illegally involved in the Army Security Command investigators, who met with the outside, and who met with the outside. On July 6, 1973, the plaintiffO entered the Army Security Command investigators.