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(영문) 서울중앙지방법원 2015.10.27 2014가합596087
손해배상(기)
Text

1. The Defendant: (a) KRW 260,00,000 to Plaintiff A; and (b) KRW 113,33,32 to Plaintiff B; and (c) KRW 28,33,333,333 to Plaintiff C, D, E, and F, respectively.

Reasons

1. Facts of recognition;

A. On May 17, 1961, the date following the date when the 516 military base occurred, the Military Revolution Committee (hereinafter referred to as the "National Review Committee") promulgated No. 10 of the Decree of the Republic of Korea that "if necessary for the performance of revolutions in the area of martial law, it may be executed without the court's warrant, upon being arrested, detained, and searched." (2) on June 21, 1961, by Act No. 630 of June 21, 1961, the "Act on the Organization of the Revolution Court and the Prosecutors' Office" was enacted, respectively, by Act No. 633 of May 22, 1961, and by the Special Act on the Punishment of Special Crimes (hereinafter referred to as the "Special Act of this case").

Article 6 of the Special Act of this case provides, “A person who, while being in the major position of a political party or social organization, knowingly engages in the conduct of an anti-government organization as provided in Article 1 of the National Security Act by praiseing, encouraging, acting in concert with, or by other means, the activities of such organization or members shall be punished by death or imprisonment for life or for not less than 10 years.”

In addition, the Addenda of the Special Act includes the retroactive application of punishment by stipulating that "this Act shall apply retroactively to the period of three years and six months from the date of its promulgation."

3) The net G (hereinafter referred to as “the network”).

(B) On June 4, 1961, the deceased was arrested and detained without a warrant, and was detained for 137 days until the prosecution on October 18 of the same year. (b) The deceased was indicted for violating Article 6 of the Special Act to the Revolution Court established by the Revolution Court and the Prosecutor’s Office established under the Act on the Organization of the Revolution and the Prosecutor’s Office.

The summary of the facts charged (hereinafter “instant facts charged”) is as shown in the attached Table of the facts charged.

2. On November 17, 1961, the 2nd Revolution Court found the deceased guilty of the facts charged in the instant case under Article 131, and sentenced the deceased to 10 years of imprisonment, and the deceased appealed under Article 39 of the Act on the Promotion of the Revolution Court. However, the deceased appealed under Article 39 of the Act, but on January 19, 1962.

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