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(영문) 서울고등법원 2014.10.17 2014나2016553
손해배상(국)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff A shall be modified as follows:

The defendant shall grant the plaintiff A 97,310.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings as stated in Gap evidence Nos. 1 to 18, 21, 24, 25, 26, 29, 30 (including the number of branch numbers).

Plaintiff

A, while serving as a teacher of the Seoul FF High School from September 23, 1974, retired on January 11, 1977 with the pressure of the investigator of the Central Information Department concerning the facts stated in the summary of the facts charged. On February 22, 1977, “The Presidential Emergency Measures for the Protection of National Security and Public Order (hereinafter “Emergency Measures No. 9”) was arrested by the investigator without a warrant, and was arrested by the investigator without a warrant, and was arrested by the investigator, and was arrested on August 19, 197, and appealed with three years of imprisonment with prison labor and three years of suspension of qualifications on August 19, 197, and was dismissed from the Seoul District Criminal Court (Seoul 77No1488) and the suspension of qualifications on November 36, 197 and the appeal was dismissed from the judgment of the appellate court, but the appeal was dismissed on March 13, 198.

(2) On May 14, 1978, the Plaintiff A was detained for 447 days until he was released from prison labor due to suspension of execution.

B. From May 14, 1978, Plaintiff A retired from office on June 28, 1979 with the pressure of the investigator of the Central Information Department while serving as a teacher at GW High School from March 2, 1979, and was subject to a cruel act such as water adviser, etc. after being arrested by an investigator without a warrant on August 9, 1979 due to the suspicion of violation of Emergency Measure No. 9 of the Republic of Korea on August 19, 1979, on the ground that the investigator of the Central Information Department retired from office on June 28, 1979, and was subject to a prosecution on August 29, 1979 for 113 days until the detention was revoked and released on November 29, 1979. The judgment of acquittal was rendered by the above court on December 17, 1979.

C. The Seoul High Court on the instant judgment subject to a retrial.

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