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(영문) 광주지방법원 2015.06.25 2014가합5151
손해배상(기)
Text

1. The defendant stated on the plaintiffs' attached Form 2's attached Form 2's "the inheritance relation and the prize amount sheet" and each of the above amounts.

Reasons

1. Basic facts

A. 1) The former Constitution of the Republic of Korea (wholly amended by Act No. 9 of Oct. 27, 1980) (wholly amended by Act No. 9 of Oct. 27, 1980; hereinafter “new Constitution”).

Article 53 of the Presidential Emergency Decree No. 4 (hereinafter “Emergency Decree No. 4”) is referred to as “Emergency Decree No. 4.”

(2) On April 11, 1974, when the Plaintiff was enrolled in the second grade of H University literature college, the Defendant was arrested without a warrant for violation of Emergency Measure No. 4. On April 14, 1974, the Defendant was detained on the warrant of April 14, 1974, and on July 20, 1974, the Emergency Military Court Council (it was established by Presidential Emergency Decree No. 2, which was issued on January 8, 1974, which was based on Article 53 of the New Constitution, and was issued on January 8, 1974) and was indicted as the same facts charged as stated in Appendix No. 26, and the General Military Court Council convicted the Plaintiff on August 8, 1974.

3) With respect to the above judgment, the Plaintiff A was established by the Emergency Decree No. 2, which was issued on January 8, 1974 by the Emergency Decree No. 53 of the United States Armed Forces Act (amended by the Presidential Emergency Decree No. 2, supra).

() On September 25, 1974, the Emergency High Military Court Decision 74, No. 26, which appealed, rejected Plaintiff A’s assertion of mistake of facts and misapprehension of legal principles on September 25, 1974, but reversed the above judgment and sentenced Plaintiff A to a five-year imprisonment with labor (hereinafter “instant judgment subject to retrial”).

4) Accordingly, Plaintiff A appealed on the ground of erroneous determination of facts regarding the instant judgment subject to a retrial. However, on July 8, 1975, the final appeal was dismissed, and the said judgment subject to a retrial became final and conclusive.

5. On the other hand, the plaintiff A was released on February 17, 1975 when the execution of the sentence was in progress, and was specially pardoned on December 27, 1978.

B. In Supreme Court en banc Decision 201Do2631 Decided May 16, 2013, Supreme Court en banc Decision 2011Do2631 Decided May 16, 201, the Supreme Court’s Emergency Measure No. 4 goes beyond the limits for the purpose without satisfying the trigger requirements.

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