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(영문) 서울중앙지방법원 2015.06.19 2013가합543864
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. The Plaintiff A’s investigation and punishment 1) Plaintiff A’s emergency measures for national security and the protection of public order (the Presidential Emergency Measure No. 9, May 13, 1975; hereinafter “Emergency Measure No. 9”).

(1) Violation of the former Anti-Public Law (amended by Act No. 3318, Dec. 31, 1980; hereinafter the same shall apply)

(2) On May 2, 1979, the Defendant was arrested on May 2, 1979, and was detained on May 11, 1979, and was investigated by an investigation agency. (2) On June 4, 1979, the Plaintiff A was indicted on the charge of violation of Emergency Measure No. 9 and the charge of violation of the former Anti-Public Law as Suwon District Court 79Gohap142. On September 20, 1979, the said court convicted all of the charges and sentenced three years of imprisonment and suspension of qualification.

On December 30, 1982, the judgment of the court below was reversed on December 30, 1982 on the ground that the Emergency Measure No. 9 was cancelled on December 8, 1979, and the judgment of the court below was pronounced acquitted on the violation of the former Antipublic Law (attached Form 2 and 3 of the charges) for one year of suspension of execution, two years of suspension of qualification, one year of suspension of qualification, and one year of violation of Emergency Measure No. 9 (attached Form 2 and 4 of the charges).

(2) On July 12, 1983, the Supreme Court dismissed the final appeal and subsequently became final and conclusive on July 12, 1983.

3 The plaintiff A was released on bail on December 31, 1979, which was pending in the above appellate trial.

B. From April 16, 1969, Plaintiff A, while serving as an elementary school teacher from April 16, 1969, was appointed as a high school teacher on March 15, 1979, and became final and conclusive on July 12, 1983 due to the determination of the instant judgment subject to a retrial.

C. On June 5, 2014, Plaintiff A filed for a new trial with the Seoul High Court (Seoul High Court) regarding the instant judgment subject to new trial, and the said court rendered the instant judgment.

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