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1.The judgment of the first instance shall be modified as follows:
2. The defendant,
A. Plaintiff A’s KRW 174,632,280 and the said money, whichever is 15,294.
Reasons
1. Basic facts
A. Details 1 I of the conviction and reinstatement of the I shall be set out in Appendix 1;
2. As stated in the facts charged, the Presidential Emergency Decree Nos. 1 and 4 for the protection of national security and public order (hereinafter “Emergency Decree”) was detained on May 8, 1974, as well as the charge of inciting for insurrection, and was indicted under Article 20 of the 74th National Assembly of the Emergency General Court-Martial Forces Act (hereinafter “Emergency Decree”). On August 12, 1974, the said court convicted all of the facts charged and sentenced I ten years of imprisonment and suspension of qualification.
2) On October 11, 1974, I appealed against the above judgment (Article 74-1 of the Emergency High Military Court Decision 74-20), and the appellate court reversed the judgment of the court below on October 11, 1974, and sentenced I to five years of imprisonment and five years of suspension of qualification. While I appealed appealed, the Supreme Court dismissed I’s appeal on April 8, 1975, and the judgment became final and conclusive around that time (hereinafter the above judgment became final and conclusive).
3) On April 10, 1975, I was released on April 10, 1975 from the enforcement of the sentence according to the instant judgment.
B. 1) At the time of being detained due to the violation of the Emergency Decree in the judgment of this case, I was in service as professor of J University. 2) On March 1975, J University decided that the professor and students who were detained and released due to the charge of violating Emergency Decree, including I, were to be reappointed. However, on March 15, 1975, the issuance of the letter would revoke the approval of the president of J University, and eventually dismissed I on April 8, 1975.
3) On March 1, 1980, I was reappointed as professor of the J University. However, on July 30, 1980 with the pressure of the Defendant (Joint Investigative Headquarters), I was appointed as professor of the J University again on September 1, 1984. (c) Supreme Court en banc Decision 2010Do5986 Decided December 16, 2010, Supreme Court en banc Decision 2010Do5986 Decided December 16, 2010, and the Supreme Court is an emergency measure.