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(영문) 서울고등법원 2015.09.03 2015나2029747

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the defendant shall be revoked, and all the plaintiffs' claims corresponding to the revoked part shall be revoked.

Reasons

1. Basic facts

A. On March 27, 1974, when the Plaintiff A, E, and F was enrolled in the second grade of the business management department of G University, he participated in the student movement, such as copying materials, etc. for the campaign of anti-readers. As a result, the Plaintiff A was arrested on April 23, 1974 without a warrant for the charge of violating the Presidential Emergency Decree (hereinafter “Emergency Decree”) Nos. 1 and 4 on April 27, 1974, and the Plaintiff E was arrested on April 25, 1974 without a warrant on the same charge and detained on April 27, 1974, and Plaintiff F was arrested without a warrant on April 24, 1974 and detained on April 25, 1974, respectively.

B. Plaintiff B was arrested on March 22, 1974 on charges of violating emergency measures on March 28, 1974 and was detained on April 22, 1974, and was released on June 22, 1974.

C. On April 26, 1974, while attending H University, Plaintiff C was arrested on the charge of violating Emergency Decree No. 4 and detained on May 23, 1974, on the ground that it was the cause of aiding and abetting the persons related to the National Democratic Youths Federation of Students in the Republic of Korea, and was detained on May 23, 1974.

Plaintiff

D was arrested and detained on April 1974 without a warrant, and was released on May 15, 1974.

【Legal basis for recognition】 Evidence Nos. 1 through 6 (including branch numbers for those with branch numbers), Evidence Nos. 2, and the purport of the whole pleadings.

2. Items 1 and 4 of the Emergency Decree Nos. 1 and 4 of the plaintiffs' assertion are invalid since they do not meet the trigger requirements and are excessively infringed on the fundamental rights of the people.

Thus, the President, who is a public official of the defendant, issued Emergency Decree Nos. 1 and 4, violates the trigger requirements and goes beyond the limit for the purpose of Emergency Decree.