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(영문) 서울고등법원 2015.09.11 2015나2003226
손해배상
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On November 7, 1977, when Plaintiff A was transferred to the second grade of the Department of Social Studies at Korea University, he was committed on November 7, 197 by a police officer belonging to the Seongbuk Police Station. On November 16, 1977, Plaintiff A was detained on suspicion of violating the Presidential Emergency Decree for the National Security and the Protection of Public Order (hereinafter “Emergency Decree No. 9”), and was subject to an investigation by an investigative agency.

B. Plaintiff A was indicted for committing an offense in violation of Emergency Decree No. 9, as indicated in attached Table 1, by Seoul District Criminal Court 77 Gohap877, and the above court convicted Plaintiff A of the above facts charged on February 1, 1978, and sentenced Plaintiff A for 10 months and suspension of qualification for ten months.

Accordingly, the plaintiff A and the prosecutor appealed from Seoul High Court 78No388, and the above appellate court sentenced the plaintiff A to 10 months of imprisonment and suspension of qualifications for the plaintiff A on June 23, 1978.

Accordingly, the plaintiff A appealed to the Supreme Court 78Do1884 on September 26, 1978, but the Supreme Court dismissed the appeal and the above judgment became final and conclusive.

(hereinafter referred to as “the first judgment”) C.

Plaintiff

A shall be above B.

On March 1, 1978, when the trial stated in the paragraph was pending, the investigation was conducted again for the violation of Emergency Decree No. 9, as shown in the separate charge No. 2, and was charged by the Cheongju District Court 78Dahap71, which was the Cheongju District Court. On September 12, 1978, the court sentenced the plaintiff A to two years of imprisonment and suspension of qualifications.

Accordingly, the plaintiff A appealed as Seoul High Court 78No1279, and the above appellate court dismissed the appeal on December 11, 1978, and the above judgment became final and conclusive on December 19, 1978.

(hereinafter referred to as “the second judgment”) D.

Plaintiff

A returned until October 9, 1978 in accordance with the judgment of the first instance of this case, and thereafter, A was released on July 17, 1979 while continuously returning according to the judgment of the second instance of this case.

E. Plaintiff A filed a petition for review with Seoul High Court 2012Reno. 9 on the first judgment of this case, and the said court’s Emergency Measure 9 on June 5, 2013 is unconstitutional and invalid, and thus, the instant judgment is deemed unconstitutional and void.

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