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(영문) 서울중앙지방법원 2015.04.30 2014가합556027
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 July 22, 1975, Plaintiff A was detained on the charge of violating the Presidential Emergency Decree for the National Security and the Protection of Public Order (hereinafter “Emergency Decree No. 9”), and was prosecuted as the facts charged in the separate sheet. On November 18, 1975, the Daejeon District Court was sentenced to imprisonment with prison labor for eight years and five years of suspension of qualifications.

Accordingly, Plaintiff A appealed as Seoul High Court 75No1627 on April 15, 1976, and the above court accepted Plaintiff A’s allegation of unfair sentencing, reversed the judgment of the court below, and sentenced the suspension of qualification for two years, and the suspension of qualification for two years. Plaintiff A appealed as Supreme Court 76Do1460 on July 13, 1976, but the appeal was dismissed and the judgment of the above appellate court became final and conclusive.

(hereinafter “instant judgment subject to a retrial”) B.

Plaintiff

A, according to the instant judgment subject to a retrial, was released on August 15, 197 by suspension of execution of sentence.

C. After that, on May 16, 2013, Plaintiff A filed a petition for a new trial with Seoul High Court 2013JNo47 regarding the instant judgment subject to a new trial. The said court rendered a decision of commencing a new trial as to the said judgment, and rendered a judgment of not guilty pursuant to the former part of Article 325 of the Criminal Procedure Act on the ground that the said facts charged constitute a crime, since Emergency Decree No. 9 was null and void on October 22, 2013, and the said judgment became final and conclusive.

Plaintiff

The mother of A died on September 13, 2005, and the plaintiff B is the wife of the plaintiff, and the plaintiff H is the remaining couple, and the plaintiff C, D, E, F, G, net M (Death on October 31, 1995) is the plaintiff C, D, E, G, and his children.

In addition, the plaintiff I and the plaintiff J are children of the network M, and the plaintiff K is the wife of the network M.

[Ground of recognition] Facts without dispute, Gap 1 through 5, 8, 10 evidence (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The gist of the plaintiffs' assertion 9 does not meet the requirements for the issuance of emergency measures as stipulated in Article 53 of the United States Constitution, and does not meet the requirements for the issuance thereof.

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