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(영문) 서울중앙지방법원 2013.10.25 2013가합526715
손해배상(기)
Text

1. The defendant attached Form to the plaintiffs

2. The amount of each plaintiff's claim and the amount of award in the "official seal" list shall be stated respectively.

Reasons

1. Basic facts

A. On May 19, 1961, the deceased M was arrested and detained by the investigator without a warrant issued by the judge pursuant to the Mana Decree No. 10, which is a special measure for the restraint of human body on May 18, 1961 (in the area of martial law, it may be executed without a court warrant, due to arrest, confinement, and search when necessary for the performance of the revolution) and was detained by the investigator on November 6, 1961 as a violation of the Special Act on the Punishment of Special Crimes (hereinafter “Special Act”).

B. (i) On June 21, 1961, the Act on the Organization of the Revolution and the Prosecutor’s Office was enacted by Act No. 630, Jun. 21, 1961, and the Special Act was enacted by Act No. 633 on the 22th of the same month.

According to Article 6 of the Special Act of this case, "a person who, while being in the major position of a political party or social organization, has been aware of the fact that he is in the position of an anti-government organization under Article 1 of the National Security Act, commits an act to accomplish the purpose by praise, rubber, aid, or other means, shall be punished by death, imprisonment for life, or for not less than ten years," and according to the Addenda, "this Act shall be applied retroactively to three years and six months from the date of its promulgation."

The deceased L and the deceased M were prosecuted by the Prosecutor General of the Revolution on November 6, 1961 in violation of Article 6 of the Special Act, and the summary of the facts charged was as shown in attached Form 1.

B. On December 7, 1961, the Revolution Court sentenced the deceased M&, who was sentenced to 10 years of imprisonment, and 5 years of imprisonment (No. 145 of the 1961 Revolution Act; hereinafter “the 1961 Revolution Court ruling”), and the deceased appealed against it, but the appeal was dismissed on February 10, 1962 (No. 55 of the 1961 Revolution) and the above judgment became final and conclusive around that time.

Article 23(1) of the Act on the Protection and Family Affairs of the Republic of Korea (hereinafter referred to as the "Act on the Protection and Family Affairs of the Republic of Korea") provides that the Act on the Protection and Family Affairs of the Republic of Korea (hereinafter referred to as the "Act").

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