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(영문) 서울중앙지방법원 2014.02.13 2013가합527572
손해배상(기)
Text

1. The Defendant: (a) KRW 170,33,333 for Plaintiff A, B, and C; and (b) KRW 44,142,857 for Plaintiff D; and (c) KRW 27,428,571 for Plaintiff E and F, respectively.

Reasons

1. Basic facts

A. The Dog and H’s detention and revolution Court’s Decision 1) Network G on May 19, 1961; the Do H on May 25, 1961, the Doz on May 25, 1961, and the Doz on May 10, 1961, the Doz on May 25, 1961, when necessary for the implementation of the Revolution, may be arrested, detained, and searched and executed without a court’s warrant.

(1) The following network G is arrested and detained by each investigator without a warrant issued by a judge under the Special Act on the Punishment of Special Crimes on November 7, 1961 (hereinafter “the Special Act”). The network H is a special Act on November 7, 1961 (hereinafter “the Special Act”).

(ii) On June 21, 1961, the Act on the Organization of the Revolution Court and the Prosecutor’s Office was enacted by Law No. 630 on June 21, 1961, and the Special Act was enacted by Law No. 633 on December 22, 196.

According to Article 6 of the Special Act of this case, "a person who, while being in the major position of a political party or social organization, has been aware of the fact that he is in the position of an anti-government organization under Article 1 of the National Security Act, commits an act to accomplish the purpose by praise, rubber, aid, or other means, shall be punished by death, imprisonment for life, or for not less than ten years," and according to the Addenda, "this Act shall be applied retroactively to three years and six months from the date of its promulgation."

3) The network G and H (hereinafter referred to as “the network G and H”) are “the network”.

(1) The Prosecutorial Office of the Revolution prosecuted against the violation of Article 6 of the Special Act, which was charged to the Revolution Court for the violation of Article 6 of the same Act, and was acquitted on December 7, 1961. However, on February 9, 1962, the Appellate Tribunal reversed the lower judgment and sentenced the Deceased to 10 years of imprisonment (hereinafter “the Judgment of the Revolution Court of this case”) and sentenced the Deceased to 10 years of imprisonment (hereinafter “the Decision of the 1961 Revolution Court”).

The deceased G was released from punishment on December 25, 1965, and the deceased H was released from punishment on April 17, 1962.

by arrest and until being released.

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