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(영문) 서울중앙지방법원 2014.05.02 2013가합548586
손해배상(국)
Text

1. The Defendant: 119,277,640 won to Plaintiff A; 50,000,000 won to Plaintiff B; and 10,000,000 won to Plaintiff C and D; and the Plaintiff.

Reasons

1. Basic facts

A. (i) While serving as a teacher of Seoul FF High School from September 23, 1974, Plaintiff A resigned from the school on January 11, 1977 with the pressure of the investigators from 6 countries of the Central Information Department on the charge of violation of subparagraph 9 of the Presidential Emergency Decree (hereinafter “Emergency Decree”) around February 22, 1977, Plaintiff A was arrested by the investigator without a warrant and was arrested by the investigator on the charge of violation of subparagraph 9 of the former Emergency Decree (hereinafter “Emergency Decree”) and was indicted on August 19, 197, and was dismissed on August 19, 197, the Seoul Criminal Court was sentenced to three years of imprisonment and suspension of qualifications for three years on August 30, 197, and was sentenced to imprisonment with prison labor for one year and six months of suspension of qualifications for one year and six years on November 30, 197, and was dismissed on March 13, 198.

(hereinafter “instant judgment subject to a retrial”). In that process, Plaintiff A was detained for 447 days until he was released from prison labor due to suspension of execution on May 14, 1978.

B. On May 14, 1978, Plaintiff A was arrested by an investigator without a warrant on August 9, 1979 and was detained for 113 days until he was released from the Emergency Measure No. 9 on October 26, 1979, on the ground that the investigator of the Central Information Department retired from office on June 28, 1979 with the pressure of the investigator of the Central Information Department. On August 9, 1979, Plaintiff A was subject to a judgment of acquittal by the Seoul Criminal Court on December 17, 1979 on the ground that he was subject to the coercion of human rights at the meeting of the National Information Department of the Y Incident, due to the violation of Emergency Measure No. 9 on August 9, 1979.

Article 9 of Emergency Decree No. 9 shall include the following:

The term "act of harming, spreading, or disseminating facts distorted," and the term "act of pointing out, opposing, or slandering the Constitution of the Republic of Korea by means of public radio waves, such as assemblies, demonstrations, newspapers, broadcasting, broadcasting, and telecommunications, documents, drawings, videos, sound records, etc., or by asserting, petitioning, instigating, or selecting an amendment or abolition thereof."

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