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(영문) 서울중앙지방법원 2014.06.11 2013가합565833
손해배상(국)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. International Covenants and Optional Protocol 1 on Civil and Political Rights (hereinafter referred to as the “Rules of Freedom”) adopted by the General Assembly of the United Nations on December 16, 1966 and entered into force on March 23, 1976 is ① International Covenant on Economic, Social and Cultural Rights, ② International Covenant on Civil and Political Rights (hereinafter referred to as the “Rules of Freedom”).

(3) the Optional Protocol of the International Covenant on Civil and Political Rights (hereinafter referred to as the “Optional Protocol”)

(A) Article 2 of the ICCPR shall contain the following contents:

1.Each Party to this Code shall undertake to respect and secure rights recognized under this Code without discrimination of any kind by race, skin color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status for all individuals within its territory and under its jurisdiction.

2.Each Party to this Code undertakes to take necessary measures, in accordance with its constitutional procedures and the provisions of this Code, in order to take such legislative measures or other measures as may be necessary to realize the rights recognized in this Code, provided that they are not yet provided by current legislative measures or other measures.

3.Each Party to this Code undertakes to take:

(a) ensure that any person whose rights or freedoms are infringed under this Code shall be subject to effective remedies even if such infringement is committed by a person on duty, (b) shall ensure that the person requesting such remedies is determined by the competent judicial, administrative or legislative authority or any other competent authority determined by the legal system of the country concerned, and shall develop the possibility of judicial remedies.

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