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(영문) 서울고등법원 2014.10.08 2013나2028597
손해배상(기)
Text

1.Paragraph 1 of the text of the judgment of the court of first instance is amended as follows:

The defendant is separate from the plaintiff on attached Form 1.

Reasons

1. The court's explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, citing this in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. Occurrence and scope of liability for damages;

A. (i) The defendant is obligated to protect the fundamental human rights of the people and guarantee the dignity and value of each individual citizen.

Article 9 of the former Constitution of the Republic of Korea (amended by Act No. 6 of Dec. 26, 1962) at the time when the deceased was arrested and sentenced to a judgment (amended by the Constitution of the Republic of Korea of December 26, 1962) provides, “All citizens shall enjoy personal liberty. No person shall be arrested, detained, searched, interrogated, punished, and forced labor except as provided by Acts. The warrant of a judge shall be issued in the case of arrest, detention, or search: Provided, That if there is apprehension that a flagrant offender in a crime might escape or destroy evidence, an investigative agency may request the issuance of an ex post facto warrant as prescribed by Act. Anyone who is arrested and detained shall be guaranteed the right

(2) Article 13 of the former Martial Law (amended by Act No. 3442 of April 17, 1981) provides that “The martial law commander within the area of an emergency martial law may take special measures concerning arrest, detention, search, transfer, press, publication, assembly or collective action when necessary for military purposes,” and Article 13 of the former Martial Law (amended by Act No. 3442 of April 17, 1981) of the same Act provides that “The martial law commander may take special measures regarding the arrest, detention, search, transfer, press, publication, assembly or collective action within the area of an emergency martial law, as long as it does not exceed the limit of delegation of the charges of martial law to the mother juristic person.”

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