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(영문) 서울중앙지방법원 2015.09.23 2013가합542540 (1)
손해배상(기)
Text

1. Of Plaintiff BP’s lawsuit, the part of Plaintiff BP’s claim of KRW 600,000,000, the part of Plaintiff B Q’s claim of KRW 1,000,000 among the lawsuit, and Plaintiff BR’s lawsuit.

Reasons

1. Basic facts

A. 1) The Constitution as of May 13, 1975 (wholly amended by Act No. 9 of Oct. 27, 1980) as of May 13, 1975 (wholly amended by Act No. 3548, Oct. 27, 1980; hereinafter

(1) Article 53 of the Presidential Emergency Decree for the protection of national security and public order (hereinafter “Emergency Decree No. 9”)

(2) Emergency Decree No. 9 prohibits students who did not obtain prior permission from the principal from him/her from participating in an assembly, demonstration, or political intervention, and stipulates that if violated, imprisonment for a term of not less than one year and suspension of qualifications for not less than ten years shall be imposed, and that an attempted crime or a preliminary conspiracy shall be punished, and that a person who violated Emergency Decree No. 9 may arrest, detain, seize, or search without the warrant of the judge.

B. As a result of the judgment on Plaintiff BP, Q and R, Plaintiff BP entered the new department of BS University around 1972, Plaintiff B Q into the physical department of AF University in 1975, and Plaintiff BR into the national department of AF University in 1976 (hereinafter collectively referred to as “case principal”).

2) The instant principal participated in a campaign against the U.S. Constitution, and was arrested and detained in an investigation agency on the charge of violating Emergency Decree No. 9, and subsequently tried. The specific result of the trial is as follows.

① Plaintiff BP first instance judgment (Seoul District Court Decision 76Gohap97 delivered on June 8, 1976): Imprisonment for one year and suspension of qualification for one year (Seoul High Court Decision 76No1257 delivered on November 2, 1976) dismissed the appeal (Supreme Court Decision 76Do4166 delivered on April 16, 1976) (the Supreme Court Decision 76Do4166 delivered on April 25, 197) (the decision of April 16, 1976; April 26, 1977) (the Seoul District Court Decision 7Da891 delivered on April 17, 1978): Plaintiff B Q1 first instance judgment (the Seoul District Court Decision 7Da891 delivered on February 17, 1978): Suspension of qualifications and suspension of qualifications for four years and 4 years (the Supreme Court Decision 78No4789 delivered on July 27, 1978).

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