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(영문) 서울중앙지방법원 2021.01.12 2020가단5016368
손해배상(기)
Text

1. The defendant's KRW 14,861,66, Plaintiff B, and D respectively to Plaintiff A 2,979,166, Plaintiff C, E, and F, respectively. 3,541,66, and each of them.

Reasons

1. Facts of recognition;

A. On October 17, 1972, G of the Declaration of Emergency Martial Law and the Declaration of the Declaration of Martial Law for the Amendment of the Martial Law were announced under the pretext of reforming the political system in order to support the peaceful unification of the fatherland. On October 17, 1972, H resolved the National Assembly by exercising national emergency power and declared emergency martial law across the country. Accordingly, on the same day, H issued the Decree of the Declaration of Martial Law No. 1 (hereinafter “the Decree on the Declaration of Martial Law”). After October 27, 1972, the government made and announced a draft constitutional amendment (hereinafter “former Constitution”) at the Emergency State Council on October 27, 1972 and promoted the amendment of the new Constitution on November 21, 1972.

1. The assembly and demonstration inside and outside the house for all political activities shall be prohibited by martial law No. 1, 1972 at 19 October 17, 1972.

A permit shall be obtained for any inside and outside of rooftops and demonstrations, which are not for political activities.

Provided, That this shall not apply to coming-of-age, marriage, funeral and non-political and religious events.

2. The press, publishing, news report and broadcast shall undergo a prior censorship;

3. Each university shall take measures to temporarily close the school between subcommittees; and

4. They shall be prohibited from escaping from work or taking an occupation without any justifiable reason;

5. To prohibit the sunshine and distribution of wills;

6. Night-time traffic prohibition shall be effective as previous;

7. The freedom of normal economic activities and people’s daily living shall be guaranteed.

8. To ensure that foreigners' freedom of activities, such as entry into and departure from Korea, is maximum.

9.The person who has violated this measure shall be arrested and detained without warrant.

B. Plaintiff A’s detention and conviction (i) Nonparty I and Plaintiff A graduated from J high school at the same time in 1972, and Plaintiff I was admitted to the K University’s philosophy, and Plaintiff A was released from K University’s Department of Law, and Plaintiff A entered the Department of Law and the Department of Law at the University’s Department of Law, and during the first year, Plaintiff A was released from the Republic of Korea, which was located in Yong-gun M before the University was lower due to martial law.

Dor I shall be his father, among November 1972, located in Gwangju.

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