손해배상
1. The plaintiff A's lawsuit shall be dismissed.
2. The claims of plaintiffs B, C, D, E, F, G, and H are all dismissed.
3. The costs of the lawsuit.
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 prohibited a student’s assembly, demonstration, or political intervention without the principal’s prior permission, and determined that if violated, imprisonment for a term of not less than one year and suspension of qualifications for not less than ten years shall be imposed, and that a person who violated the Emergency Measure No. 9 may also arrest, detain, seize, or search without the warrant of a judge.
B. As a result of the Plaintiff A’s trial, Plaintiff A was indicted on the charge of producing a expressive material opposing the U.S. Constitution on August 25, 1978 and distributing it on September 1, 1978 and violating Emergency Decree No. 9. 2) on the charge of having committed the above criminal litigation (Seoul District Court Branch Decision 78Dahap185) on November 17, 1978. The judgment of the appellate court (Seoul High Court Decision 78No1646) reversed the judgment of the first instance court on February 26, 1979 and sentenced Plaintiff A to imprisonment with prison labor for two years and suspension of qualifications for the said criminal litigation (hereinafter “instant judgment subject to a retrial”), and the said judgment became final and conclusive.
3 The plaintiff A was detained on September 13, 1978 in the course of the investigation and was detained, and was released from the detention on July 17, 1979.
C. On April 10, 2013, Plaintiff A filed a petition for a retrial on the instant judgment subject to a retrial. Accordingly, on May 29, 2013, the Seoul High Court rendered a judgment of innocence on the charge of violating Emergency Measure No. 9 of Plaintiff A’s Emergency Measures, at the Seoul High Court 2013No36 case.