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(영문) 서울중앙지방법원 2015.04.10 2013가합544263 (1)
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. On May 25, 1971, the network K was engaged in the same political party activity after coming out of the L party alliance as of May 25, 1971 at the time of the 8th National Assembly member election. The network K issued the book of “Korea Socialist Movement Agent” to M M who was known on January 21, 1974. However, in the above book, the current National Assembly completely closed and closed the political relations legislation, including the Constitution after the situation on October 17, 197, as a time limit for the legislative system including the Constitution, and as soon as possible, (2) the current National Assembly shall withdraw from the National Assembly, and (3) the National Assembly election of which the free universal participation of the people is guaranteed, and (4) the “N. L. Political Party Formation Declaration inducements” (hereinafter “instant inducements”).

2) On February 8, 1974, the investigation of the deceased K was initiated at the Msan Police Station in accordance with the report of M on February 8, 1974, and the network K was arrested on March 15, 1974 and detained in the Msan Police Station.

3) The Prosecutorial Department of the Emergency General Law Association of March 16, 1974 (wholly amended by Act No. 9 of Oct. 27, 1980; hereinafter referred to as the “Refusal Constitution”) of the Republic of Korea (wholly amended by Act No. 9 of Oct. 27, 1980) by delivering the instant printed matter to M.

(i)the Presidential Emergency Decree (hereinafter referred to as the “Emergency Decree”) prohibiting speech and behavior informing others of the assertion of amendment or repeal;

Of the Emergency Measures No. 1, the parts related to this case are as follows:

(1) The Constitution of the Republic of Korea shall be prohibited from engaging in any act of denying, opposing, distorted or slandering the Constitution.

(2) The Constitution of the Republic of Korea shall prohibit all acts claiming, proposing, and filing a petition for amendment or abolition.

(4) The preceding one, two or three acts shall be prohibited from making any speech or behavior informing others of the prohibited acts, such as solicitation, instigate, propaganda, broadcast, news report, publication, or other means.

(5) Any person who violates this measure or who defames such measure, shall be punished by imprisonment with prison labor for not more than 15 years, through arrest, detention, seizure or search without the warrant of a judge

In such cases, the suspension of qualification for not more than 15 years may be concurrently imposed.

The fact that Article 4 has been violated is the fact of suspicion.

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