beta
(영문) 서울중앙지방법원 2015.04.16 2013가합70281

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

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 of the Republic of Korea issued an order: (a) prohibits a student from participating in an assembly, demonstration, or political intervention without the prior permission of the principal; (b) prohibits a student from participating in an assembly, demonstration, or political intervention; and (c) imposes imprisonment for a term of not less than one year and suspension of qualifications for not less than ten (10) years; and (c) provides that a person who violates Emergency Measure No. 9 may arrest, detain, seize, or search without

B. On September 17, 1979, Plaintiff A, H, and P were arrested on September 17, 1979 by the Busan Southern Police Station criminal charge of violation of Emergency Decree No. 9, while attending the second grade of T University without a warrant, and around that time, “the Defendants would make it possible for the Defendants to instigate students to conduct a student’s enforcement demonstration by means of producing hot-vered materials and spraying them within T University, etc.” In collusion, the Defendants distorted the reality of the situation of the situation of the presidential election of the Republic of Korea on September 9, 1979, including the Republic of Korea’s politics, economy, society, private teaching institutes, labor-management relations, etc., slandering or amending the presidential election method of the Republic of Korea, and 200 copies of the contents that slander the Emergency Decree No. 9, etc. on September 13, 1979, and distort the contents of the said inducement to the President’s 97th election of the Republic of Korea’s economic relationship, etc.

참조조문