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(영문) 서울중앙지방법원 2013.06.04 2013가합505930
손해배상(기)
Text

1. The defendant has to the plaintiffs the amount of money stated in the "amount of discount" in the attached amount of damage list and its related thereto on May 14, 2013.

Reasons

1. Basic facts

A. The Defendants’ illegal arrest and detention 1) Network Q on May 18, 1961, Plaintiff E on May 21, 1961, the network R on May 22, 1961, the network S on May 19, 1961, and the network S on May 19, 1961, each of the special measures for the restraint of human beings (in the area of martial law, it is necessary for the performance of revolution within the area of martial law, it may be arrested, detained, and searched and executed without a court’s warrant.

3) The Defendants were arrested and detained by investigators without a warrant issued by a judge (hereinafter “instant Defendants”)

2) After the arrest of the Defendants, the Act was enacted on June 21, 1961 by Act No. 630, which was June 21, 1961, and the Act on the Organization of the Prosecutors' Office was enacted on the following day. The Special Act on the Punishment of Special Crimes (hereinafter “the Special Act”) was enacted by Act No. 633.

3) Article 6 of the Special Act of this case provides that "a person who, while being in the major position of a political party or social organization and is in the position of an anti-government organization under Article 1 of the National Security Act, praises, encouragess, assists in, or commits an act to achieve its purpose by other means, shall be punished by death or imprisonment for life or for not less than ten years." Further, the Addenda to the above Act provides that "this Act shall apply retroactively to the date of its promulgation." This provision provides that "The above Act shall apply retroactively to the date of its promulgation." The defendants of this case were indicted at each of the Revolution courts established under the above Act in violation of Article 6 of the Special Act by the Revolution Court and the Prosecutor's Office established under the Act on the Organization of the Organization of the Revolution, and the summary of the facts charged was known that the defendants of this case are the interest of North Korea, an anti-government organization, and support the activities of South and North Korean exchange and cooperation or the promotion of peaceful unification."

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