손해배상
1. Of the judgment of the court of first instance, the part against the defendant shall be revoked, and all the plaintiffs' claims against the revocation part shall be filed.
1. The basic facts are the same as "1. Basic facts" among the reasons for the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.
2. Summary of the plaintiffs' assertion
A. The former president, while publicly announcing the long-term power and suppressing the national resistance against the new constitution, issued an Emergency Measure No. 9, thereby violating the requirements for exercising the emergency power as stipulated in Article 53 of the previous Constitution.
In addition, Emergency Measure No. 9 is unconstitutional because it infringes on the fundamental rights of the people, such as warrant requirement, freedom of expression, and right to petition.
Therefore, the issuance of the Presidential Emergency Decree No. 9 is an intentional violation of the law by the President, who is a public official, while performing his duties.
B. As above, the President issued an Emergency Measure No. 9 which is unconstitutional and invalid, thereby committing a tort in the form of investigation and trial by using the investigative agencies and courts that execute it as a legitimate tool.
Accordingly, since public officials belonging to the defendant investigate and judge the plaintiffs in accordance with the Emergency Measure No. 9, which is unconstitutional and invalid, the act of issuing the Presidential Emergency Measure No. 9, and the subsequent investigation and trial are all illegal acts.
C. Not only the process of arrest, investigation, and trial against the plaintiffs, but also the public officials belonging to the defendant have committed the following illegal acts after the plaintiffs were released:
1) The investigative agency to which the defendant belongs arrested and detained the plaintiffs without a lawful warrant of detention. During the investigation, the investigative agency to which the defendant belongs arrested and detained them at home, and conducted verbal abuse, such as “red pit spit spit spit spit spit”, and sought mucks, buckbucks, and bucks complex, etc. at 60 to 70cm. The investigative agency to which the defendant belongs was affiliated with the defendant, was engaged in harsh acts, such as tacking the plaintiffs in the strong atmosphere as above.