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(영문) 서울중앙지방법원 2014.08.22 2013가단5126151

손해배상

Text

1. The Defendant’s respective KRW 32,804,80 for each of the Plaintiffs and 5% per annum from July 18, 2014 to August 22, 2014, respectively.

Reasons

1. Basic facts

A. D’s conviction and conviction against D, etc. 1) D’s Presidential Emergency Measure No. 9 (Presidential Emergency Measure No. 9, May 13, 1975; hereinafter “Emergency Measure No. 9”) for the national security and the protection of public order.

(1) On September 5, 1975, the Defendant was detained on September 5, 1975 due to the violation of the public law and the violation of the anti-public law. On February 27, 1976, the Defendant was indicted on February 27, 1976 by the Seoul Criminal District Court 75Gohap808, and the facts charged are as stated in the separate charge (hereinafter

(2) On February 27, 1976, the above court found the Defendant guilty of all the charges against D, and sentenced D to three years of imprisonment and suspension of qualification for two years.

3) D’s appeal (Seoul High Court 76No695) against mistake of facts and unfair sentencing, and the prosecutor appealed from each of the grounds of unfair sentencing (Seoul High Court 76No695). On June 10, 1976, Seoul High Court, which was the appellate court, rejected the prosecutor’s allegation of mistake of facts and the prosecutor’s allegation of unfair sentencing regarding the violation of Emergency Measure No. 9. On the grounds of the judgment, not guilty of the violation of the above Emergency Measure No. 9 and the violation of public law in the commercial competition relationship, the first instance judgment reversed the judgment and sentenced D two years of imprisonment and suspension of qualification, and the above judgment (hereinafter

the same section.

6. 16. The waiver of the right to appeal was finalized.

4) D was released on March 31, 197. (b) D was released on March 31, 197. D (i.e., the confirmation of a new judgment) died on August 11, 1994, and Plaintiff B (the Plaintiff) filed a request for retrial against the Seoul High Court Decision 2013No65 (Seoul High Court). The said court rendered a judgment of innocence against D on September 13, 2013, and the said judgment of innocence became final and conclusive on September 23, 2013. The reasons for the judgment of innocence are as follows: (1) The former Constitution of the Republic of Korea (wholly amended by Act No. 9 of Oct. 27, 1980; hereinafter referred to as the “new Constitution”).

Emergency action 9 issued on the basis of the Emergency Authority set out in Article 53 shall be a national beyond the limits for purposes without fulfilling the requirements for its issuance.