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(영문) 서울중앙지방법원 2014.06.26 2013가합534754
손해배상(기)
Text

1. As to each of the above amounts of KRW 60,00,000 to Plaintiff A and B, and KRW 30,000,000 to Plaintiff C, and each of the above amounts, May 15, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiffs participated in the student movement on March 8, 1974, when they were enrolled in the department of economics of D University (i.e., illegal confinement against the Plaintiffs and suspension of indictment). (ii) Plaintiff A was arrested without a warrant on suspicion of violation of the Emergency Decree No. 1 and No. 4, and was released on April 18, 1974, on the ground that the Plaintiff kept the fraudulent act, such as being used in the copying of the printed materials used in the student movement, etc.

3) Plaintiff B was arrested on the charge of violating Emergency Decree No. 4, and was detained on May 6, 1974 on the ground that Plaintiff B had attempted to escape from E at the time of the suspension of indictment on August 8, 1974, and was released on the charge of violating Emergency Decree No. 4. On October 2, 1973, Plaintiff C participated in a demonstration against anti-reader by students of the D University Literature University at D University on the part of the students of the D University, and was arrested on the part of the students of the D University without a warrant on the part of the students of the D University, and was released on October 26, 1973.

Plaintiff

C On April 2, 1974, the Emergency Decree No. 4 was detained without a warrant on April 2, 1974, and was released on April 22, 1974.

(b) Nos. 1 and 4 Emergency Measures Nos. 1 and 4 prohibit any act of denying, opposing, distorted or slandering the Constitution of the Republic of Korea, any act of asserting, proposing, proposing, or opposing the amendment or abolition of the Constitution of the Republic of Korea, and any act of making a will flaparing, spreading, or making any act prohibited as such, and any act of making such action known to others by means of soliciting, instigating, advertising, broadcasting, reporting, publishing or other means (paragraphs 1 through 4). Any person who violates or slanders these measures shall, without the warrant of a judge, be punished by imprisonment for not more than 15 years, by imprisonment.

(5) Paragraph 5) was defined.

Emergency Decree No. 4 is the act of organizing or joining the so-called civil Cheongology that objects to the regime of the so-called physical system and related organizations, and the activities of such organizations or members.

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