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(영문) 서울중앙지방법원 2015.12.23 2013가합544072
손해배상(기)
Text

We dismiss the part of the plaintiffs' claim for consolation money unique to the deceased G.

2. The plaintiffs' remaining claims.

Reasons

1. Basic facts

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

(1) Emergency Decree 1 (amended by Presidential Emergency Decree No. 1 on January 8, 1974) (amended by Presidential Emergency Decree No. 1 on January 8, 1974 and released by Presidential Emergency Decree No. 5 on August 23, 1974; hereinafter “Emergency Decree No. 1”).

(2) On July 13, 1974, after being detained by a judge in accordance with a warrant issued by a judge on July 13, 1974, he was indicted as the facts charged in attached Table 2, and was sentenced to 10 years of imprisonment and 10 years of suspension of qualifications for 74 non-military units on September 7, 1974. (2) G appealed appealed against the judgment of the court of first instance as 74 non-high-ranking military units at 74 non-high-ranking military units, but the meeting of the non-high-ranking military courts dismissed G’s appeal on October 11, 1974.

G appealed against the above appellate judgment, and appealed by the Supreme Court Decision 74Do3492, but the Supreme Court dismissed the appeal by G on January 28, 1975, and the said judgment of the first instance court became final and conclusive (hereinafter “the said judgment of the first instance court”) (hereinafter “the said judgment”), and G were reinstated by the final and conclusive judgment, and was released by the decision to suspend execution on February 15, 1975.

3) After that, G is subject to the Presidential Emergency Decree (amended by the Presidential Emergency Decree No. 9 on May 13, 1975 and repealed by the Presidential Notice No. 67 on December 7, 1979; hereinafter referred to as “Emergency Decree No. 9”) aimed at protecting the national security and public order, which was issued pursuant to Article 53 of the United States Constitution.

(4) On August 18, 1976, after being detained by a judge under a warrant issued by a judge on August 18, 1976, he was charged with an investigation agency as stated in attached Table 3 and was sentenced to two years of imprisonment and two years of suspension of qualifications as Seoul Criminal Court 76Gohap963 and 994 (combined) on February 16, 1977. G and prosecutor appealed against the above judgment of the first instance court and appealed to Seoul High Court 7No420 on June 1, 197, and the Seoul High Court reversed the judgment of the first instance court on June 1, 197, and then sentenced to imprisonment with prison labor for G.

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