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(영문) 서울중앙지방법원 2012.05.03 2011가합78601

손해배상(기)

Text

1. The plaintiff A's lawsuit shall be dismissed.

2. The Defendant: (a) KRW 40,000,000 for each of the Plaintiff B and C; and (b) KRW 10,000,00 for Plaintiff D.

Reasons

1. Basic facts

A. On May 17, 1974, Plaintiff A made a critical statement on the government's non-signing and illegal arrest and emergency law conference of Plaintiff A, and Plaintiff A made a critical statement on the government's policies to F who was seated in the next seat while getting a bus on May 17, 1974. The same year.

5. 22. 22. He made a speech to F, which was found at home, on the non- democratic nature of the human body system.

2) On June 6, 1974, Plaintiff A was forced by the staff of the Central Information Department to serve as the Head Office of the Central Information Department without a warrant, and was investigated for about one week in the state of illegal confinement due to the charge of violating the Presidential Emergency Decree No. 1 and the violation of the Anti-Public Law. At the time of investigation, the staff of the Central Information Department conducted an advisory act, such as: (a) investigating the Plaintiff’s remarks on whether to speak for the opposition; (b) assaulting the Plaintiff without any discrimination; and (c) making a false confession on the facts of partial suspicion; and (c) Plaintiff A, who was unable to check, made a false statement on the facts of suspicion; and (c) Plaintiff A sent the part of the investigation document to the Prosecutor General of the Emergency Information Department after investigation; and (d) the Prosecutor General also made a false confession due to the previous suspicion.

On July 18, 1974, the Prosecutor's Office indicted Plaintiff A on the violation of presidential emergency measures and anti-public law.

Plaintiff

A, despite the denial of facts charged in the trial proceedings, on August 8, 1974, the Emergency General Law Conference was convicted of both the violation of the presidential emergency measures and the violation of the antipublic law against the Plaintiff A, and sentenced to 7 years of imprisonment and suspension of qualification for the Plaintiff A, and the Plaintiff A appealed against this.

On September 23, 1974, the Emergency High Military Conference accepted part of the appeal filed by the plaintiff A on September 23, 1974, and sentenced three years of imprisonment and suspension of qualification, and the Supreme Court dismissed the appeal filed by the plaintiff A on February 10, 1975, and the above sentence became final and conclusive.

Plaintiff

A was discharged from the Republic of Korea on July 6, 197, for about three years and one month, respectively.

(b) To determine the truth of, and compromise with, the Truth and Reconciliation Commission under the Act on Truth and Reconciliation.

참조조문