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(영문) 서울중앙지방법원 2015.10.29 2014가합574049

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 May 7, 1978, when the plaintiff A was enrolled in the Department C of Education at the Ethical grade of the Ethrhian University, he was arrested by the police officers belonging to the defendant on May 7, 1978 without a warrant for violating Emergency Measure No. 9, and was detained on the 8th day of the same month, and was sent to the prosecution on June 19 of the same month. 2) On June 7, 1978, the plaintiff A was prosecuted on the charge of violating Emergency Measure No. 9 (Seoul Criminal District Court 78Da326). On July 18, 1978, the plaintiff A was sentenced to a disposition of expulsion from the above university on July 18, 1978, and was sentenced to suspension of qualifications for two years and six years and six months. < Amended by Act No. 3154, Aug. 18, 1978>

3) The plaintiff A and the prosecutor appealed the above judgment (Seoul High Court 78No1309). The plaintiff A and the prosecutor reversed the judgment of the court below on November 30, 1978 and imposed one year imprisonment and one year suspension of qualification, but suspended the execution of imprisonment for two years (hereinafter "the judgment on review").

The judgment subject to review was released on the same day and became final and conclusive at that time.

C. The Plaintiff A, who became final and conclusive at a new judgment, on January 2014.

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