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(영문) 서울중앙지방법원 2015.01.28 2014가합541049
손해배상(기)
Text

1. The Defendant: (a) KRW 26,384,533; (b) KRW 14,256,355, respectively; and (c) KRW 14,256,355, respectively, to the Plaintiff A and each of the above amounts.

Reasons

The summary of the instant case pertains to the determination of innocence as to whether the deceased E (hereinafter “the deceased”) was convicted of violating the Presidential Emergency Decree No. 9 (hereinafter “Emergency Decree No. 9”) for the National Security and the Protection of Public Order, and the determination of innocence became final and conclusive during the retrial, the Plaintiffs, who are the bereaved family members of the deceased, seek reimbursement of consolation money against the Defendant, the State.

The facts are as follows: (a) the deceased's conviction and conviction of the deceased on Jan. 13, 1976 and the deceased on Dec. 13, 1976 received one copy of the article, "Sari" published in Japan on Sep. 25, 1975, published in October 1975, and kept the contents thereof with the knowledge that the contents would slander and distort the Republic of Korea; (b) the Korean National Assembly, which was the institution of the National Assembly for the Promotion of the Unification of Democratic People's Republic of Korea on Oct. 14, 1975, which was published on Sep. 14, 1975, and (c) the contents of the article were found to be inconsistent with the Constitution of the Republic of Korea; and (d) the article was in violation of the Emergency Decree by being aware that the article was distort and distorted through distortion of facts in all fields, such as Korean politics, economy, society, culture, etc.

On April 21, 1976, the Seoul Criminal District Court convicted the Deceased of charges on April 21, 1976 and sentenced him to six months of imprisonment and suspension of qualification for one year.

The above judgment (hereinafter referred to as the "the judgment on review") was finalized on April 28, 1976 due to the renunciation of appeal by the deceased.

On May 5, 1976, the deceased was released from office upon the expiration of the term of punishment.

On September 6, 2003, the deceased died, such as final judgment and criminal compensation.

In other words, on January 23, 2014, the Plaintiffs, A, C, and D, who are the children of the Plaintiffs, A, and the Deceased, filed a request for a retrial on January 23, 2014 as 2014 inventory conformity3.

On March 26, 2014, the Seoul Central District Court ruled that the Emergency Measure No. 9, which is the applicable law, is unconstitutional.

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