logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.01.15 2013가합510086
손해배상(기)
Text

1. The Defendant’s each of the above amounts and each of the above amounts stated in the attached Table 1 list to the Plaintiffs.

Reasons

1. Basic facts

A. T, U, and Plaintiff N’s detention 1) promulgated No. 10 of the Decree of 1961, May 17, 1961, following the date on which the 516 military defense occurred, T, U, and the Military Revolution Committee (hereinafter referred to as the National Preliminary Session of May 19, 1961) promulgated the Special Act on the Punishment of Specific Crimes (hereinafter referred to as the “Special Act of this case”) by Act No. 630 of June 21, 1961, stating that “When necessary for the performance of the revolution in the area under martial law, the person may be arrested, detained, and searched and executed the revolution without the court’s warrant.”

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) T was arrested and detained on May 18, 1961; U on May 19, 1961; Plaintiff N was arrested and detained on May 20, 1961 under the Mana Decree No. 10 and on September 12, 1961; and Plaintiff N was detained on September 18, 1961; b) T, U, and Plaintiff N (hereinafter referred to as “T, etc.”) on September 12, 1961 to the Revolution Court established under the Act on the Organization of the Revolution Court and the Prosecutor’s Office established under the same Act.

The summary of the facts charged (hereinafter “instant facts charged”) is as shown in attached Form 3.

2. On October 30, 1961, the 2nd Revolution Court convicted him of the facts charged in the instant case, and sentenced him to 15 years of imprisonment with prison labor and 12 years of imprisonment with prison labor.

arrow