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(영문) 서울중앙지방법원 2014.06.20 2013가합80189
손해배상(기)
Text

1. The defendant shall be 57,709,176 won to the plaintiff A, 478,575,99 won to the plaintiff B, and 36,346,824 won to the plaintiff C and each of the above amounts.

Reasons

1. Facts of recognition;

A. On May 17, 1961, the date following the date when the deceased F (the deceased, Apr. 24, 1989; hereinafter “the deceased”) was arrested, detained, and searched, and promulgated No. 10 on May 17, 1961 that “if necessary for the performance of the revolution in the area under martial law, it may execute it without the court’s warrant.” On May 19, 1961, the Military Revolution Commission promulgated No. 10 on May 17, 1961 that “an organization deemed to be acting in the area under martial law was called as an anti-government organization and promulgated No. 18, Decree No. 630, Jun. 21, 1961 that “A person who joined, joined, joined, or participated in, the anti-government organization was severely punished in accordance with his criminal liability.”

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 an act to praise, encourage, aid, or perform by other means the activities of an anti-government organization as provided in Article 1 of the National Security Act, shall be punished by death or imprisonment for life or for not less than 10 years.”

In addition, the Addenda to the above Act includes the retroactive application of punishment, stating that “this Act shall apply retroactively from the date of its promulgation until the date of its promulgation.”

3) The Deceased was arrested by an investigator without a warrant issued by a judge on May 22, 1961, and was detained for 63 days before the prosecution on July 23, 1961. (B) The Deceased was prosecuted on July 23, 1961 by the Presidential Decree of the Revolution Court and the Prosecutor’s Office established under the Act on the Organization of the Revolution.

The summary of the facts charged is as follows.

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