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(영문) 서울중앙지방법원 2014.09.03 2014가합553110
손해배상(기)
Text

1. The Defendant: KRW 50,000,000, Plaintiff E and F respectively to Plaintiff A; KRW 10,000,000; KRW 3,00,000,000 for Plaintiff G and H; and the Plaintiff.

Reasons

1. Facts of recognition;

A. The judgment against the Plaintiff A and the content of the set-off 1) Plaintiff A on September 19, 1979 for the National Security and the protection of public order (hereinafter “Emergency Measure No. 9”)

After a detention warrant was issued due to an offense, it was prosecuted by the Seoul District Criminal Court 79Gohap601, and the summary of the facts charged is attached to the attached Form.

2. The description;

2) Emergency Decree No. 9 was released on December 7, 1979, and Plaintiff A was released by revocation of detention at that time. 3) On December 24, 1979, Seoul Criminal District Court rendered a judgment of acquittal upon the cancellation of Emergency Decree No. 9, and sentenced Defendant A guilty on the remainder of the facts charged, and the above judgment became final and conclusive on January 1, 1980 after the lapse of the appeal period.

B. At the time when Plaintiff A was detained and released, Plaintiff A’s family member was the parent of Plaintiff E, F, and sibling, and Plaintiff G, H, and Nonparty K was deceased on August 31, 2008. Nonparty 2) The heir died on August 31, 2008, and Plaintiff I was the spouse, and Plaintiff J as Plaintiff I and his child.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5 (including each number), the purport of the whole pleadings

2. Occurrence of liability for damages;

A. Determination on the cause of the claim 1) In the event of a serious crisis that is unable to cope with the method of exercising power in accordance with the constitutional order at the time of peace of the unconstitutionality of Emergency Decree No. 9, the decision of the President on the national emergency power which is exercised to ensure the existence of the State should be respected. However, such a national emergency power should be exercised within the minimum necessary extent to eliminate the direct cause of the crisis when the State is in a serious crisis. Accordingly, it must be in line with the requirements and limitations for exercising the constitutional power under which national emergency power is stipulated, and in this respect, the Constitution of the Republic of Korea (the Constitution of October 27, 1980).

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