손해배상(기)
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
Purport of claim and appeal
1.
1. Basic facts
A. 1) The Constitution as of May 13, 1975 (wholly amended by Act No. 9 of Oct. 27, 1980) as of May 13, 1975 (wholly amended by Act No. 3548, Oct. 27, 1980; hereinafter
(1) Article 53 of the Presidential Emergency Decree for the protection of national security and public order (hereinafter “Emergency Decree No. 9”)
2) The Emergency Measure No. 9 prohibited a student’s assembly, demonstration, or political intervention without the principal’s prior permission, and determined that if violated, imprisonment for a term of not less than one year and suspension of qualifications for not less than ten years shall be imposed, and that a person who violated the Emergency Measure No. 9 may also arrest, detain, seize, or search without the warrant of a judge.
B. On November 19, 1975, while attending the second grade of the Seoul National University G G University, the Plaintiff A was arrested by the investigators belonging to the Defendant without a warrant on charges of violating Emergency Measure No. 9, and a copy of the criminal record of the first instance trial (Evidence No. 9) prepared by the Plaintiff A on November 19, 1975 and November 23, 1975, each written statement prepared by the investigative agency and each written protocol prepared by the judicial police officer belonging to the Seoul Southern National Police Station as of December 2, 1975, were accompanied by the interrogation protocol of the Plaintiff A prepared as of December 2, 1975, and the written statement prepared by the Plaintiff A as the interrogation protocol of the Defendant on the status card (Evidence No. 3) of the Plaintiff A with the Defendant on November 19, 1975 that “A is capable of arresting the Plaintiff without a warrant No. 1975, Nov. 19, 197.”