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(영문) 서울중앙지방법원 2013.10.31.선고 2008가합74845 판결
손해배상(기)
Cases

208. 74845 Damage (as defined)

Plaintiff

Korea

The Minister of Justice of the Republic of Korea

Government Law Firm Corporation, Attorneys Park Jae-soo et al.

Bo Young-young, Lee Jae-in, Park Jong-si, Park Jong-ho, Park Jong-ho, the highest finance, Kim Ho-ho, the highest finance

Jin, Kim formation, best iron, Park Jong-young

Litigation performers Kim*, Gangwon*, Kim, Kim*, Shin*, Shin*

Defendant

1. The National Countermeasure Committee against the full import of U.S. beef at risk of Mad Cow Disease;

A person shall be appointed.

representative**, forest *, this*, this**

2. The Korean Film Association;

O*, Korea**

3. Joint participation;

Representative Park*, Park *,*

4. Stambed ○.

5. Han ○○.

6. Yellow dust ○○;

7.Anthum ○

8.Lap○○

○ Kim

10.00 0

11. Dolsan; and

12. Magsan;

13. Kim Il-chul

14. Kim △△△

15. Ma○○

16. Title ○○

17. Dolle Park;

Defendant 1, 4, 5, 6, 7, 8, 9, 14, and 17

Attorney Kim Nam-nam, Park Jong-sung, Park Jong-young, and Yong-young

Defendant 1, 4, 5, 6, 7, 8, 9, 14, and 17

United States of America, Lee Sang-hoon

Defendant 2, 17. Attorney Seo Chang-il, Kim Gyeong-Gyeong, Counsel for the defendant-appellant-appellee)

Defendant 2, 17. Attorney Kim J-jin, Counsel for the plaintiff-appellant

Defendant 3. Law Firm Loteex, Attorneys Lee Hun-sik, Counsel for the defendant-appellant-appellee

Defendant 4, 5, 6, 7, 8, 9, 11, 13, 14, and 16. The attitude of the law firm

[Defendant-Appellant] Attorneys Dak-ho and Hak-ho

Defendant 4, 5, 6, 7, 8, 9, 11, 13, 14, and 16. Limited Law Firm

United States of America, Attorney Kim Young-young

Defendant 4, 5, 6, 7, 8, 9, 11, 13, 14, and 16. Attorney Lee Young-young

A person shall be appointed.

Defendant 4, 5, 6, 7, 8, 9, 11, 13, 14, and 16. Transfer of attorney-at-law

A person shall be appointed.

Defendant 10, 12, 15, 16

Defendant 10, 12, and 15, Park Jong-chul, Counsel for the plaintiff-appellant

Defendant 10, 12, and 16. Law Firm Lee & Lee, Attorney Park Dong-young, Counsel for the defendant-appellant)

Conclusion of Pleadings

September 12, 2013

Imposition of Judgment

October 31, 2013

Text

1. The plaintiff's claim against the defendants is dismissed.

2. The plaintiff bears the costs of lawsuit.

Purport of claim

The Defendants: (a) each Plaintiff KRW 517,090, 559; and (b) from June 29, 2008 to November 26, 2008.

5% per annum until the date of the final service of a copy of the Request for the Modification (Expansion) and Supplementary Request for the Claim;

The interest rate of 20% per annum shall be paid from the next day to the day of full payment.

Reasons

1. Basic factual basis within the scope necessary to determine the cause of the claim;

A. The defendant's National Countermeasure Council, the Korean Film Council, and the participatory solidarity (1) the defendant's participatory solidarity that the defendant's participatory solidarity means that the citizen's part in the establishment declaration of September 10, 1994 is the master of the country, and therefore, the citizen's part in the democracy is necessary.

In order to become a master of a prestigious country, it is called "I must be changed to watch strictly the process in which the state power is exercised every day," and we have been endeavoring to secure the right to freely and peacefully act in accordance with the non-human and anti-human rights power. However, the task of securing citizen and political rights remains as an unsatisfy agenda." The participatory of the defendant was composed of organizations such as general assembly, joint representative, steering committee, executive committee, secretariat, etc. with members.

(2) Under the strong order enacted on September 12, 2007, Defendant Jindo Joint Organization of Korea established on the basis of the 195 U.S. Constitution, Defendant Jindo established a 3th century, and the globalization of new neodism, including the U.S., without any snow or body, is taking place in the world as a war, academic homicide, speculation and poverty, natural disaster that will be destroyed and processed, and the resistance among the people of the world is spreading in accordance with the arbitrativeism and arbitrism, and the Korean Peninsula also developed a flusent axis that represents the war, peace and independence, division and unification, and the unification of the Korean Peninsula, and the unification of the Korean Peninsula, and the Korean Council established a 'Korean Council' with the aim of strengthening the sovereignty and sovereignty of the Korean Peninsula, 'Korean Council' with the aim of strengthening the sovereignty of the Korean Peninsula, 'Korean Council' with the aim of strengthening the sovereignty and solidarity of the Korean Peninsula.

( 3 ) 피고 국민대책회의 2003. 12. 경 미국에서 광우병 ( 牛海綿狀腦症, BSE ) 발생이 확인되어 정부가 미국산 쇠고기 수입을 금지하였다가 수입재개 · 수입중단 · 검역중단 등을 거치면서 2007. 11. 경부터 정부가 미국산 쇠고기 수입위생조건에 관해 미국 정부와 협상을 진행하였다. 한편으로 정부는 2006. 6. 경부터 미국 정부와 자유무역협정 ( FTA ) 체결을 위한 협상을 진행하였다. 그러던 중 2008. 2. 25. 노무현 제16대 대통령에 이어 이명박 제17대 대통령이 취임하였고, 피고 한국진보연대는 2008. 4. 16. 공동대표 오○○, 한▲▲ 등이 참석한 가운데 ' 2008년 2차 전국대표자회의 ' 를 개최하여, 미국산 쇠고기 수입문제 등을 ' 한 미FTA저지투쟁 ' 과 결합시키기로 하였다. 2008. 4. 18. 정부가 미국산 쇠고기 수입위생 조건에 관해 미국 정부와 협상을 타결하였는데, 그 내용은 30개월령 미만의 소에 관해서는 특정 위험물질 ( SRM ) 을 편도, 회장원위부로 하여, 그 특정 위험물질을 제거한 부위의 수입을 허용하고, 30개월령 이상의 소에 관해서는 특정 위험물질을 편도, 회장원위부, 뇌, 눈, 척수, 머리뼈, 등배신경절, 척주로 하여, 미국 정부가 동물성 사료정책의 강화를 발표하면 그 특정 위험물질을 제거한 부위의 수입을 허용한다는 것 등이었다 .

2008. 4. 29. 주식회사 문화방송 ( MBC ) 은 ' PD수첩 ' 프로그램에서 ' 긴급취재, 미국산 쇠고기, 과연 광우병에서 안전한가 ' 라는 제목의 방송을 하였다. 2008. 5. 2. 서울 종로구 청계광장에서 미국산 쇠고기 수입에 반대하는 집회가 개최되어 10, 000명 정도의 시민들이 참가하였다. 이 집회는 ' 2MB탄핵 범국민운동본부 ' 와 ' 미친소. 넷 ' 등에 의하여 주도되었고, 다수의 중 · 고등 학생들이 참가하였다. 2008. 5. 2. 16 : 00경 피고 참여연대 사무실에서 피고 참여연대 처장 김소, 피고 참여연대 협동사무처장 피고 박○○, 피고 한국진보연대 사무처장 주○○, ' 한미FTA반대 범국민운동본부 ' 집행위원장 피고 박미 □ 등이 회의를 하였다. 위 회의에서는, 미국산 쇠고기 수입에 반대하는 대책회의를 2008. 5. 6. 한국프레스센터에 개최하기로 하면서, 그 사회자와 식순을 정하였고, 회의자료 회람과 인쇄의 실무는 피고 참여연대와 피고 한국진보연대가 맡기로 하였다. 위 회의에서는, ' 광우병 안전지대 선언운동 ', ' 사이버 실천 안티행동 ', ' 매주 토요일 문화제 ' , ' 매주 수요일 12시 거점도시별 선전캠페인 ', ' 5월 22일 국회앞 집회 ' 등을 ' 국민행동계획 ' 으로 논의하였고, 보다 세부적인 ' 국민행동계획 ' 은 피고 한국진보연대가 제안서를 만들어 회람하기로 하였다. 위 회의에서는 또한, 중 · 고 · 대학교 급식과 학생식당에는 광우병위험 쇠고기가 들어갈 가능성이 매우 높기 때문에 어떤 식으로든 학생들이 나설 수 있도록 지침을 마련하자는 제안이 있었다. 이에 따라 피고 참여연대와 피고 한국진 보연대 등이 전국의 시민사회단체들에게, 미국산 쇠고기 수입에 반대하는 긴급회의 개최를 제안한다는 서면을 보냈다. 한편으로 2008. 5. 3. 서울 종로구 보신각 부근에서 미국산 쇠고기 수입에 반대하는 집회가 개최되었다. 이 집회는 ' 한미FTA반대 범국민운 동본부 ' 의 ' 광우병 감시단 ' 에 의하여 주도되면서, 피고 한국진보연대 문예위원장 피고 정○○이 사회를 보았으며, 다수의 중 · 고등 학생들이 참가하였다. 위와 같은 피고 참여연대와 피고 한국진보연대 등의 제안에 대하여 1, 000여 시민사회단체들과 인터넷모 임들이 동참의사를 밝혔고, 2008. 5. 6. 한국프레스센터에서 시민사회단체들과 인터넷 모임들의 대표자 150여 명이 회의를 하였다. 위 회의에서는 ' 국민건강을 위한 수의사연 대 ' 의 정책국장 박▲▲가 미국산 쇠고기 수입에 문제가 있다는 발표를 하였는데, 그 내용은 미국도 지키지 않는 국제수역사무국 기준에 따라 수입하고, 미국에서 광우병 및 인간광우병이 발생해도 수입중단을 하지 못하며, 미국의 관보 공포만으로 30개월령 이상의 쇠고기를 수입하며, 미국 도축장에 대한 승인권을 미국 정부에게 위임하여 문제가 있다는 것 등이었다. 위 회의에서는, 미국산 쇠고기 수입협상의 전면 무효화 및 재협상, 미국산 쇠고기 수입협상의 경위와 진상 규명 및 농림부장관과 협상대표의 파면 , 이명박 대통령의 책임인정 및 공개사과, 광우병 예방을 위한 특별법 제정, 한미FTA협상에 대한 국정조사권 발동을, 정부와 국회에 대한 요구사항으로 결정하였다. 2008. 5 .

6. At the above conference, the above conference decided that "the full invalidation of the negotiations is required against the full import of U.S. beef at risk of Mad Cow Disease and the abandonment of quarantine sovereignty" and "the people support and active participation in the negotiations". In the above conference, the above conference also decided that "the national signature of the U.S. beef import opposition against Mad Cow Disease", "Madlelight culture", and "the Korean national conference", etc. The above conference decided that the National Countermeasure Council against the import of U.S. beef at risk of Mad Cow Disease (the National Countermeasure Council is expressed to be the National Countermeasure Council) should be organized in order to implement a campaign to observe the lives, health, and stability of the people.

On May 6, 2008, the meeting of the National Countermeasures Committee established a situation room with the Steering Committee and the countermeasure organization for each unit of the entire metropolitan area, Si, Gun, and Gu. At the above meeting, the meeting was held on May 6, 2008. The meeting was established as a person responsible for the execution of the group members of the National Countermeasures Committee, and the meeting was established as a person responsible for the performance of the group members of the defendant's part-time joint organization, and the ○○○ and the chairperson of the defendant's part-time joint organization and the defendant's part-time joint organization of the defendant's part-time joint organization as the head of the joint situation office, and the number of the members of the defendant's part-time organization were dispatched at the situation room. On May 9, 2008, the meeting was held together with the four-time group of the Korean National Countermeasures Team, and it was held that the defendant's part-time organization and joint organization of the Korean National Countermeasures Team, and it was called as a person responsible for the defendant's part-time.

(b) The first meeting of the Steering Committee on May 8, 2008;

On May 6, 2008, at the meeting of civil society organizations and Internet groups, 150 representatives of the defendant's National Countermeasures Council was established. At the above meeting, the above meeting decided that "the people demanding the invalidation of the import negotiation of U.S. beef products and the people who support and actively participate in the voluntary movement of the Nelelight Pol," and decided that "the candlelightlight culture system" should be developed. At around 00, the first meeting of the management committee of the defendant's National Countermeasures Council was held at the defendant's Participatory Joint Building.

In the above meeting, the representative of the operating committee did not separately act, and the defendant Park Jong-young of the chairperson of the chairperson of the chairperson of the chairperson of the chairperson of the defendant Jinjin-gu Standing Korea entrusted the convocation and operation of the operating committee. At the above meeting, the "clelelight culture system" is to be held at the same time on May 9, 2008 and May 14, 2008 at the same time.

5. On May 18, 2008, 16 and 17, 'Madlelightlight Cultural System' was to be judged on the trend of the situation. At the above meeting, 'Madlelightlight Cultural System' was to be held in Jongno-gu Seoul, 00 on May 9, 2008, and 'the existing voluntary candlelight Cultural System' was maintained, 'the voluntary candlelight Cultural System' was maintained, and 'the citizen free speech-centered program was operated after 'the voluntary candlelight Cultural System', 'the free speech-oriented program was 'the free speech-oriented program', 'the free speech-oriented program', 'the free speech-oriented program', 'the free speech-oriented program', 'the free speech-oriented program', 'the free speech-oriented program', 'the public knowledge of 100 U.S. and 100 U.S. beef from May 18, 2008.

On May 13, 2008, the second meeting of the Steering Committee of the Defendant’s National Countermeasures Council was held. At the above meeting, “Candlelightlight culture system” was held consecutively from May 13, 2008 to May 17, 2008, and the “Candlelightlight culture system” was held around 19:00, which was held in the vicinity of the Seoul Central-gu Seoul Metropolitan Government Government Office, and was held in the vicinity of May 14, 2008, and it was decided that “the withdrawal of the notification” and “the invalidity of the negotiation.” On May 15, 2008, the business plan submitted to the representative of the Defendant’s National Countermeasures Council was held at the same time on May 17, 2008, and the “Clelightlight culture system” was held on May 28, 200.

On May 13, 2008: Around 40, the Korean National Countermeasure Council held an assembly opposing the import of U.S. beef at Jongno-gu, Seoul, the situation room, and the defendant ○○○○○○○○ society, who is working in the situation room. At the time, the defendant Y○○○, who is the joint secretary-general of the National Countermeasures Council, held the assembly on May 15 and May 17, 2008. At around 00, the Seoul Central Council of the People’s Measures had held a large number of meetings on May 19: (a) around the Seoul Central Central Government Office; (b) around the 19th anniversary of May 2008, the Seoul Central Council of the People’s Countermeasures against the import of U.S. beef at the Seoul Central Government Council of the People’s Measures Center, and (c) the chairperson of the Jongno-gu Seoul Central Council of the People’s Measures Committee of the Republic of Korea, who was working in the situation room of the defendant Kim △△△, took part in the conference.

(3) The third meeting of the Operating Committee on May 19, 2008

On May 14, 2008: around 00, the third meeting of the Steering Committee of the National Countermeasure Council was held in the building participating in the defendant's conference. At the above meeting, on May 22, 2008, the Seoul Jongno-gu Cheongcheon Cultural Agenda was held, and the "large-scale candlelight cultural system" was held on May 24, 2008, and the Seoul Jongno-gu 200 U.S. government's erroneous government's policies, including "education not only the import of U.S. beef," was discussed on May 20, 2008. At around 19:0, the Seoul Jongno-gu Cheongdong-gu 200, the president of the Seoul Cheongcheon-gu Cheongcheon-gu 200, the president of the Seoul Cheongjin-gu 200, who was working in the situation room, was urged to participate in the meeting, and the president of the Seoul 20-day 2005.

On May 22, 2008, ○○○○○ conference held a meeting opposing the import of U.S. beef at the Jongno-gu Seoul Cheongsan Scam Scam, and held a meeting opposing the import of U.S. beef around May 22, 2008. At the same time, the Defendant Park Jong-chul, a member of the Steering Committee of the Defendant National Assembly of the Republic of Korea, was the chairman of the Standing Committee for the Operation of the Defendant National Assembly of the Republic of Korea, and Defendant Park Jong-gu, a member of the Steering Committee of the Seoul Jongno-gu U.S. Council for the Countermeasures of the Republic of Korea, held the meeting. At the time of the Defendant’s joint and several cooperation secretariat, Defendant Park Jong-○, a member of the Defendant’s National Council for the Countermeasures of the Republic of Korea, as the head of the Defendant’s Joint and several Secretariat for the participation in the meeting of the National Council for the Countermeasures of the Republic of Korea, and, at the same time, Defendant Park Jong-○, a member of the Korea-U.S.

On May 23, 208, Defendant 1 and Defendant 2 were the participants of Jongno-gu 2: from 00 to 0.0, Defendant 1 and Defendant 2 were the participants of Jongno-gu 2, which were 5 U.S. government offices, to 0 U.S. 5 U.S. government offices and 8 U.S. government offices and 8 U.S. government offices. The 5 U.S. government offices and 5 U.S. government offices were held to 8 U.S. government offices and 2 U.S. government offices and 5 U.S. government offices and 5 U.S. government offices and 5 U.S. government offices and 8 U.S. government offices and 5 U.S. government offices and 5 U.S. government offices and 5 U.S. government offices. government offices and 8 U.S. government offices and 5 U. government offices and 8 U.S. government offices and government offices.

On May 26, 2008: around 00, the fourth meeting of the Steering Committee of the National Countermeasures Council for the Defendant was held at the Defendant’s Participatory Joint Building. At the above meeting, the discussion on the need for 'flelightlight culture' as well as 'flelelight culture' was discussed at the policy team meeting of the situation room of the Defendant’s National Measures Assembly. At the above meeting, 'flelight culture' was intended to support 'flelight culture' for each unit organization, and the safety measures and the moving path were gathered as possible to support the group organization. At the above meeting, 'flelight culture system' was decided to be held at the Jongno-gu Seoul Cheongmoral square on May 28, 2008 and May 31, 2008, and the date public notice of the import sanitary conditions of U.S. beef was delegated to the situation room.

5. From 30 to 21: from 50, Defendant 2 took place at the time of 20 U.S. conference to 20: from 20, Defendant 5 U.S. beef conference to 50: from 20, Defendant 200 U.S. beef conference to 20: 3,200 U.S. beef conference to 3:5 U.S. beef conference to 3:0,00 the same day; from 20:5, Defendant 200 U.S. beef conference to 3:5 U.S. 2: from 20, Defendant 5 U.S. beef conference to 20: from 20, Defendant 5 U.S. beef conference to 3:5, U.S. 20, U.S. government opened an impeachment conference to 3:0,000, U.S. 1, 205.

The meeting of the Steering Committee of the Defendant’s National Countermeasures Council was held. On May 31, 2008, the emergency meeting was held on May 31, 2008: 30, and the meeting held by 100 and 000 persons on the same day was held before the Seoul Special Metropolitan City Office. The emergency meeting also held from May 31, 2008, as well as from May 31, 2008, the name of the Defendant’s National Countermeasures Council and the Clelelelight Peace Agency was promoted.

From 20 to 20: from 10 to 10, Defendant’s National Countermeasure Council convened a conference against the import of U.S. beef. At the time, Defendant 1 ○○○, the head of the joint situation room of the Defendant’s National Countermeasures Council, and Defendant 1, the head of the joint situation room of the Defendant’s National Countermeasures Council at the time, as the operator of the Defendant Korea National Countermeasures Council at the time, participated in the above conference by Defendant Kim △△△, ○○, ○○, and ○○○, the head of the national countermeasures conference, who is a member of the steering committee of the Defendant People Countermeasures Council at the time. The number of 9,000 persons including Defendant Korea-do, ○○, and 200 on the same day, including Defendant ○○, and 20:40 to 03:15, May 30, 2008.

(7) On May 30, 2008, the emergency meeting of the Steering Committee was held on May 30, 2008. At the emergency meeting above, the "Candlelightlight Agency" was held on May 19, 2008 before the Seoul Special Metropolitan City Office, while holding the "Candlelightlight Cultural System" on a daily basis, and "Candlelightlight Agency" was held on June 3 and June 5, 2008, and the situation was to be taken into consideration in the above emergency meeting. In addition, the "Candlelight Agency Agency" on June 10, 2008.

19: Around 00, Defendant 1 was decided to move to the 0th 6th 6th ambling-dong, Seoul, and to take measures to lead to the 0th ambling-dong, Seoul. From 30th 208 to 21st ambling-gu, Seoul, and Defendant 2nd ambling-gu to 0th ambling-Gu, Seoul, and Defendant 2nd ambling-gu, Seoul, and Defendant 2nd ambling-gu to the 0th ambling-Gu, Seoul, and the 1st ambling-gu, Seoul, and the 0th ambling-Gu 1st ambling-gu ambling-gu, Seoul, and the 1st ambling-Gu 1st ambling-gu ambling-gu ambling-gu, Seoul, and the 1st ambling-gu 20th ambling-day ambling-day.

From June 19, 2008 to June 19: from 00 to 40, the National Countermeasures Council against the Defendant was held to oppose the import of U.S. beef to the Defendant Han○○○○○ Society, the joint head of the Defendant’s countermeasures conference in cooperation with the Defendant at the time of the joint head of the Defendant’s participation conference and the joint head of the Defendant’s countermeasures conference. From June 10 to June 19, 2008, the Defendant Park Jong-○, who is the joint head of the Defendant’s countermeasures conference, held a meeting against the import of U.S. beef to the Defendant Han○○○ Community, the participants at the time of the joint head of the Defendant’s participation conference with the Defendant’s participation conference, can reach the meeting with the office. After completing the today’s event, the Defendant Park Jong-○, who is the head of the joint situation office of the Defendant’s national countermeasures conference, was defective, developed a candle culture system on June 3 and June 7, 200, 2008.

6. 2. 07: From 00 to 00, the Seoul Central District and Jongno-gu moved along the roadways such as the marro of Seoul Central District and Jongno-gu, and the 's guarantee of peace and demonstration' was promoted for about 11 hours, and it was ped by the police and the police for about 11 hours.

(8) The fifth meeting of the Operating Committee on June 2, 2008

2008. 6. 2. 14 : 00경 피고 참여연대 건물에서 피고 국민대책회의 운영위원회 제5차 회의가 열렸다. 위 회의에서는 ' 촛불대행진 ' 에 관하여, 2008. 6. 3. 과 6. 5. 및 6. 7. 에 집중하기로 하면서, 2008. 6. 7. 에는 집회 후 행진하기로 하였고, 가족들이 많이 참여하는 주말에는 프로그램이 있는 집회로, 주중에는 짧게 진행하고, 행진토록 한다고 하였다. 위 회의에서는 또한 ' 촛불대행진 ' 에 관하여, 전날인 2008. 6. 1. 방송자동차가 있어야 하는 상황으로서, ' 현장지도력 ' 이 있어야 하고, 정보소통, 상황인식이 있어야 한다고 하면서, 행진대오에 따라 방송자동차를 2대나 3대 정도 준비하여 이를 탄력적으로 운영하고, 행진이 정체될 경우 집회를 진행하고, 상황을 주도하는 과정에서 정리를 시도하기로 하였다. 위 회의에서는 2008. 6. 10. 의 ' 100만 대행진 ' 에 관하여, 1, 000, 000명을 모으기 위한 조직적인 기획과 집중이 필요하다고 하면서, 구체적인 방안과 계획은 2008. 6. 4. 내부 워크숍에서 논의하기로 하는 한편, 광우병을 중심으로 하되 민주주의를 파괴하는 이명박 정권 전반에 반대하는 목소리를 담아낼 수 있도록 기획하고, 국민들이 반대의견을 표출하기 위한 구체적 실천방안을 제시하며, 6월을 항쟁의 달로 하고 , ' 6 · 10으로 끝나지 않는다 ' 는 대중적 메시지를 명확히 하기로 하였다. 위 회의에서는 또한 ' 100만 대행진 ' 에 관하여, 대학생 동맹휴업, 노동자 총파업 등을 적극적으로 추진해서 조직대오들이 최대한 참여할 수 있도록 하고, 실천단을 조직해서 대대적인 홍보 · 선전 활동을 전개하기로 하였다. 2008. 6. 2. 19 : 15경부터 20 : 25경까지 피고 국민대책회의가 서울 중구 서울광장에서, 무대자동차 등을 배치하고 미국산 쇠고기 수입에 반대하는 집회를 개최하였다. 위 집회에는 피고 한국진보연대 대외협력위원장이면서 피고 국민대책회의 공동상황실장인 피고 한○○, 피고 국민대책회의 상황실 근무자인 피고 김△△, 권○○, 안○○, 김○○, 백□□ 등이 참가하였다. 위 집회 종료 후 1, 500명 정도가 같은 날 20 : 25경부터 21 : 15경까지 서울 중구 및 종로구의 태평로, 세종로 , 종로, 을지로, 남대문로 등 차도를 점거하면서 ' 협상 무효, 고시 철회, 독재 타도 ' 등의 구호를 제창하고 약 50분 동안 행진하였다. 2008. 6. 3. 19 : 10경부터 20 : 40경까지 피고 국민대책회의가 서울 중구 서울광장에서, 무대자동차 등을 배치하고 미국산 쇠고기 수입에 반대하는 집회를 개최하였다. 위 집회 종료 후 피고 국민대책회의 상황실 근무자인 피고 김○○이 선두에 위치하여 10, 000명 정도가 같은 날 20 : 45경부터 다음날인 2008. 6. 4. 01 : 50경까지 서울 중구 및 종로구, 서대문구 태평로, 세종로, 미근동 등 차도를 점거하면서 ' 닥치고 재협상 ' 등의 구호를 제창하고 약 4시간 동안 행진하였다 . ( 9 ) 2008. 6. 4. 워크숍 2008. 6. 4. 15 : 00경 피고 참여연대 건물에서 피고 국민대책회의가 ' 전략모색을 위한 워크숍 ' 을 진행하였다. 위 워크숍에서는, 2008. 6. 5. 과 6. 6. 및 6. 7. 에 ' 72시간 릴레이 국민행동 ' 을 하기로 하면서, 위와 같은 3일 동안 매일 ' 촛불대행진 ' 을 하기로 하였다 .

On June 10, 2008, '1 million candlelight slelight slelight' was actively promoted in the workshop to encourage the participation of the citizens who did not enter the workshop, and to practice and disseminate ideas so that online participation can be displayed in the Neth Plelight slelight unit. June 4, 2008

19: From 10 to 20: 30, Defendant’s National Countermeasure Meeting was held at an assembly against the import of U.S. beef in Jung-gu Seoul Metropolitan square, a stage car, etc., and the situation room was the Defendant’s right ○○○○○ society. After the completion of the above assembly, Defendant Kim○○, who is the situation room of Defendant’s National Countermeasures Council, was located at the seat of Defendant Kim○○○○○○○○, and 3,50 persons were located at the seat of the seat of Seoul Jung-gu and Jongno-gu, Seoul, and the degree of 3,50 persons was occupying the roadways, such as Sejong, Sejong, Sejong, Sejong, and Bro-ro, etc., on June 10, 200, the Lee Jong-Ba was promoted and carried out for about one hour. From 19:05 to 20:30 on June 5, 2008.

A meeting against the import of U.S. beef was held in the U.S. as the actual employee of the U.S. beef industry.

After the completion of the above assembly, Defendant Kim○-○, who is working in the situation room of Defendant National Countermeasure Council, is located in the place of the broadcast car and the number of 25,00 on the same day from 30 to 20:6 June 6, 2008.

From 00 to 00, the head of Jongno-gu Seoul Metropolitan Government Office was taking part in Defendant 2’s daily conference for 0 hours to 0: (1) the head of Jongno-gu Seoul Metropolitan Government Office 2, and (2) the head of Jongno-gu Office 2, the head of Jongno-gu Office 2, and the head of the Seoul Metropolitan Government Office 0 to 0. The head of the Seoul Metropolitan Government Office 2, who was the head of the 0-dong Office 2, was taking part in the gathering of the 8-dong Office 2, the head of the 0-dong Office 2, the head of the 0-dong Office 2, the head of the 0-dong Office 2, the head of the 0-dong Office 2, the head of the 0-dong Office 2, the head of the 0-dong Office 2, the head of the 0-dong Office 2, the head of the 5-dong Office 2, and the head of the 30-dong Office 2, the head of the 2005.

On June 9, 2008: Around 00, the 7th meeting of the Steering Committee of the National Countermeasures Council for the Defendant was held at the Defendant’s Participatory Building. On June 10, 2008, the 100,000,000 candlelight slelight slelelight slelelight slelights had been installed in front of the Madlelight slelight slelight duty-free shop, leading to the Madlelight slelights, and actively discussed in the situation room to secure the front of the Madlelight slelight slelight slelights. In the above meeting, the above 1,00,000 candlelight slelight slelight slefs, which was convened in the entire Madern, and the program was conducted by the conference in the front, and the Seodaemun and the Ann-dong slelet.

10. Since then, the agenda has been expanded through medical care, broadcasting, publicization of water, large canal, education, etc.

On June 9, 208: from 05 to 20: Defendant 1, Defendant 2, who was the head of Jongno-gu Seoul Metropolitan Council, was holding an assembly of beef against the import of the United States. From 05 to 15, Defendant 1, Defendant 2, who was the joint head of Defendant 1’s countermeasures conference, Defendant ○○○○, the joint head of Defendant 2’s countermeasures conference, and Defendant 1, who was the head of Defendant 2’s office, and Defendant 2, who was the head of Defendant 1’s office of countermeasures conference, and Defendant 2, who was the head of Defendant 4’s office of countermeasures against the closure of the above assembly. From 00 to 15, Defendant 200, Defendant 1, who was the head of Jongno-gu Seoul Metropolitan Government Assembly, was on the 0th day after the end of the assembly, and was on the 10th day after the 20th day after the 20th day after the closure of the assembly.

On June 12, 2008, the government announced that it will hold additional negotiations with the U.S. government on the import sanitary requirements of U.S. beef. On June 14, 2008:00, the 8th meeting of the Steering Committee of the National Countermeasures Council of the defendant's People's Republic of Korea was held at the defendant's participatory building. On June 14, 2008, the 8th meeting of the Steering Committee of the National Countermeasures Council was held at the above meeting.

On June 19: 00 and June 14, 19: Around 00, the general meeting was held in front of the Seoul Metropolitan Government Office, and the general meeting was held in 19:00 each day from the above square. From June 12, 2008: from 25 to 20: 20, the National Countermeasure Meeting was held in Seoul, and the conference was held in opposition to the import of U.S. beef products. The above meeting was held in ○○○, who is the head of the Overseas Co-operation Association of Korea, the head of the National Countermeasures Council, and the head of the Defendant 2, who is the head of the Defendant’s Co-operation Office, and the head of the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○, and △△△△△△△△△△△, etc., to the extent of 200 members of the above conference from 15 to 20:50, 2007.

On June 14, 2008, from 00 to 20: from 00 to 45, Defendant’s National Countermeasure Meeting was held to place stage cars, etc. in Seoul Jung-gu, Seoul, and to oppose the import of U.S. beef. The above assembly was held by the Joint Secretary-General of the Defendant’s Participation Council, and the Defendant ○○○○○, who was the joint head of the Defendant’s Countermeasures Council, was the joint head of the Defendant’s Countermeasures Council, and the Defendant Kim○, △△, △△, and ○○, who was the head of the Defendant’s Countermeasures Council’s situation room, was the joint head of the Defendant’s Countermeasures Council, and the Defendant Kim○, ○○, △△△, and ○○, who was the head of the Defendant’s Countermeasures Council’s employees, was located in the broadcasting vehicle, and was located in the front of 20:45 to 10:0,000 the day following the end of the above assembly, and the Defendant’s joint head of the vehicle 2.

(12) On June 16, 2008, the 9th meeting of the Operating Committee

On June 16, 2008: around 00, at the defendant's participatory building, the 9th meeting of the Steering Committee of the defendant's National Countermeasures Council was held. At the above meeting, the defendant's participatory building decided to concentrate on the "candlelightlight slelight slelight slelight slelights" on June 21, 2008, and discussed the detailed plans, etc. at the Steering Committee of June 19, 2008. At the above meeting, with respect to the "48-hour emergency citizen behavior", it was from June 20, 2008 to June 6.

22. Around June 5, 2008, from June 5, 2008 to June 7, 2008, ‘72-hour national behavior' and ‘1 million e.g., June 10, 2008, it is necessary to increase the level of resistance and to carry out various national actions that are not restricted in the form of farming nature. From June 19, 2008 to April 20: (a) from around 10:10 to around 20:45, the meeting of the citizen countermeasures against the defendant was held at the Jung-gu Seoul Metropolitan City square, Jung-gu, Seoul, and the meeting against the import of U.S. beef. The above meeting was held in cooperation with the outside of the Republic of Korea, and the chairperson of the committee of citizen countermeasures against the defendant, the head of the committee of citizen countermeasures against the defendant ○○○, the working party of the committee of citizen countermeasures against the defendant ○○○, etc., to the extent of 205 p.m.

On June 17, 2008: from 10: 10 to 20: Defendant’s National Countermeasure Meeting was convened from Seoul Jung-gu to 20: 10, Defendant Kim ○, △△△△△, etc., working for the National Countermeasure Meeting. After the completion of the above assembly, Defendant Kim ○ and 50 persons were located in the broadcasting vehicle, and 21:0 days from 45 to 50, the same day, and 200 persons were in the middle-gu Seoul Metropolitan Government and Jongno-gu Steering Committee’s 20-day conference to 10:5 days after the date of the above assembly, and 20-day conference from 10 to 20:5 hours after the date of the first-day conference to 20-day conference to 30:5 hours after the date of the first-day conference to 20-day conference to 4:5 hours after the date of the above assembly to 20-day conference to 30 days after the date of the first-day conference to 2.

2. On June 14, 208, the head of Jongno-gu Seoul Metropolitan Government 1: from 00 to 0.0, the first 5 U.S. Steering Committee was opened for the first time on the 20th day after the 20th day after the 20th day after the 20th day after the 20th day after the 20th day after the 20th day after the 20th day after the 20th day after the 20th day after the 20th day after the 20th day after the 1st day after the 20th day after the 20th day after the 1st day after the 20th day after the 1st day after the 20th day after the 1st day after the 20th day after the 1st day after the 20th day after the 1st day after the 20th day after the 20th day after the 2nd day after the 2nd day after the 20th day after the 3th day after the 20th day after the 20th day. day after the 20th day. day.

6. From 15th to 20th 50th 20: Defendant’s National Countermeasure Meeting arranged stage cars, etc. in Seoul Jung-gu Seoul Metropolitan square, and held assemblies opposing the import of U.S. beef. From 20:50 on the same day, the degree of 1,800 persons after the completion of the above assembly was 20:0 on June 23, 2008:0:0 on the following day, from 20:50 to 10:0 on June 23, 2008, the Seoul Jung-gu and Jongno-gu opened a relief, such as “the adjudication on Leembox”, and went along with the police or went on the roadway for about five hours. (14) On June 23, 2008, the first meeting of the Steering Committee was held on June 23, 2008.

On June 23, 2008: around 00, the 11st meeting of the Steering Committee of the National Countermeasures Council was held at the defendant's Participatory building. At the above meeting, the 11st meeting was held on June 23, 2008, and the annual interest was concentrated on the candlelight 'day', such as Tandlelight and demand. At the above meeting, the 14th meeting should be diversified taking into account the acting team, candlelight, and the expansion of people's attention due to the traffic failure caused by the daily traffic failure.

The 20th meeting of the 2nd meeting of the 1st meeting of the 2nd meeting of the 2nd meeting of the 2nd meeting of the 2nd meeting of the 2nd meeting of the 2nd meeting of the 2nd meeting of the 2nd meeting of the 2nd meeting of the 2nd meeting of the 2nd meeting of the 2nd meeting of the 2nd meeting of the 2nd meeting of the 2nd meeting of the 2nd meeting of the 2nd meeting of the 1st meeting of the 2nd meeting of the 2nd meeting of the 5th meeting of the 2nd meeting of the 1st meeting of the 2nd meeting of the 20th meeting of the 2nd meeting of the 1st meeting of the 2nd meeting of the 2nd meeting of the 5th meeting of the 2nd meeting of the 20th meeting of the 2nd meeting of the 30th meeting of the 2nd meeting of the 2nd meeting of the 2nd meeting of the Seoul.

On June 26, 2008, the government announced the import sanitary conditions of U.S. beef on the basis of the results of additional negotiations. At around 00, the 12th meeting of the Steering Committee of the National Countermeasures Council for the Defendant was held at the defendant's Participatory Joint and Several Buildings. At the above meeting, the 12th meeting was held at the meeting of the Steering Committee of the National Countermeasures Council for the Defendant. On June 26, 2008 and June 27 and June 28, 2008, the 2008 project plan was discussed for the development of the 'Malelelight Slelight Slelight Agency'.

6. From 25:25 to 20:05, Defendant’s National Countermeasure Meeting was held to place stage cars, etc. on the roadway near the Seoul Central Central District, and to oppose the import of U.S. beef. At the above assembly, Defendant Park○○, the director of the Joint and several Cooperation Secretariat, who is the director of the Defendant’s Joint and several Cooperation Secretariat, would be able to proceed with the withdrawal of the Lee Jong-○’s political power by setting the May 28, July 200 to the participants of the Assembly, and July 5, 2008. The above assembly had a flag of Defendant’s National Countermeasures Council. The degree of 2,800 persons after the completion of the above assembly was 20:0 on the same day from 05 to June 2008.

27. 02: From 00 to 00, the above-mentioned and Jongno-gu 2, the Defendant Park Jong-dong's vehicle's vehicle's jum: from 00 to 00, the Defendant Park Jong-dong's 6th day after the 20th day after the 20th day after the 20th day after the 20th day after the 20th day after the 20th day after the 1st day after the 20th day after the 2nd day after the 2nd day after the 2nd day after the 2nd day after the 2nd day after the 2nd day after the 2nd day of the 2nd day after the 2nd day after the 3nd day after the 2nd day after the 2nd day after the 3nd day of the 2nd day after the 2nd day after the 3nd day of the 2nd day after the 2nd day after the 2nd day after the 2nd day after the 2nd day after the 3nd day after the 2nd day after the 2nd day.

(16) Meeting of Operating Committee after July 2008

On June 29, 2008, the Korean National Countermeasure Council tried to hold an assembly opposing the import of U.S. beef in the vicinity of the Seoul Central Square and Korean Languages, and the police towed the stage car and broadcasting cars for the assembly and obstructed the first time in the vicinity. From 00 to 16:0 on the same day, the number of 1,200 to 1,90 persons was 16:0 on June 30, 2008, the following day: 05: from 10:0, the president of the Seoul Central-gu and Jongno-gu Seoul Metropolitan Council opened a candlelight until 10:0 to 11 hours, the president of the Korean National Countermeasure Council took the initiative in the assembly of the Republic of Korea from 200 to 205.5 to 208, the president of the Korean National Assembly was taking the lead in the assembly of the Republic of Korea's Republic of Korea's Republic of Korea's Republic of Korea's Republic of Korea's Republic of Korea's U.

Defendant Kim ○, Kim ○, and Kim △△△△, a actual employee, attended the meeting. From 50 to 23:00 on the same day, the degree of 40,000 persons from 20:50 to 23:00 on the same day, they occupied the roadways, such as the South-gu and Jongno-gu, Seoul, Seoul, and Jongno-gu, Seoul, and the South-gu, A Dong-dong, Dong-dong, Dong-dong, Sejong, and Thai-ro. The Defendant Kim ○, a joint secretary general in charge of the National Countermeasures Council, and the Defendant Kim ○, a situation room at the National Countermeasures Council, requested a warrant of arrest by the police, and the police on July 2008.

6. The assembly and demonstration continued from July 6, 2008 to August 2, 2008.

On August 4, 2008: around 00, the 21st meeting of the Steering Committee of the National Countermeasures Council of the Defendant was held by the Steering Committee.

On August 9, 2008, the above conference was held on August 17, 200: 30, the conference was held before the Jongno-gu Seoul Scandlelight, 19:0, and 20, on August 15, 2008, the "Candlelight Sandlight Sandlight Sandlight" was held on August 10, 200, and 30, the Seoul Metropolitan Government Steering Committee was held on August 22, 2008, 200, and 10,000,000, 30,000,000, and 10,000,00, and 20,00,00,000, were held on August 22, 200.

(17) Measures to be taken by Defendant National Countermeasures Council

On May 6, 2008, the National Countermeasure Committee was established, and since May 24, 2008, the first meeting of the Steering Committee of the National Countermeasures Council for the defendant was to maintain the "candlelight assembly" in the Cheong River square, and to establish and distribute the "Rules of Civil Action" in order to ensure peaceful demonstration. On May 29, 2008, the first meeting of the Steering Committee of the National Countermeasures Council for the defendant was to promote the "Candle Slelight Slelight Slelight Slelight Slelight Slelight Slelight Slelight Slelight Slelight Slelight Slelight Slelight Slelight Slelight Slelight Slelight Slelights". On June 3, 2008, the first meeting of the National Countermeasures Committee for the defendant's National Countermeasures was conducted to ensure that the participants of the police team were not approaching the passenger bus at the 20th meeting of the National Countermeasures Committee for the defendant's use of the police team.

8. The Defendant’s National Countermeasures Meeting announced “Apenda for the self-refluence of a violence demonstration,” and announced “Apenda for the self-refluence of a violence demonstration,” and the Defendant’s National Countermeasures Council consistently maintained the principle of non-fluence and peace. On June 9, 2008, at the seventh session of the Steering Committee of the Defendant’s National Countermeasures Council, set the principle of “1 million candlelight slelight slelight,” not conflicting with remuneration, but is peaceful but strong, to prevent any contingent violence and protruding behavior. In addition, at the above meeting, some participants of a demonstration that took place on June 10, 2008, the Court decided to operate the order keeping stand for the purpose of preventing any profaction and profacing behavior.”

6. In the progress of a demonstration on June 208, 13, the Korean National Countermeasure Council, 10 persons belonging to the Defendant National Countermeasure Council, expressed that 10 persons belonging to the Defendant National Countermeasure Council would come to India to the participants of the demonstration. In the progress of the demonstration on June 20, 2008, the Defendant National Countermeasure Council was prevented from being damaged, and some of the participants stated that the maintenance of order belonging to the Defendant National Countermeasure Council, who was listed on the police bus, was released from the view of the participants. On June 22, 2008, the Defendant National Countermeasure Council was handed over to the police by the head of the Defendant National Countermeasure Team’s team, who tried to attach some of the participants to the police bus. The Defendant National Countermeasure Council did not object to the government policy or decision on the import of U.S. beef, and it did not uniformly set the target of collective action by the Plaintiff’s participation in the assembly and demonstration itself, as well as the Defendant’s general participation in the assembly and demonstration.

From May 2, 2008, an assembly against the import of U.S. beef was held, and from May 24, 2008, a demonstration was conducted with the occupation of the roadway after the completion of the assembly. The police of the Republic of Korea taken measures such as request for closure declaration, demand for voluntary dispersion, dispersion order, direct dispersion, etc. in accordance with the Act on Assembly and Demonstration, which was in force at the time of such assembly and demonstration, and the Enforcement Decree thereof.

The aforementioned demonstration was carried out at night at Jongno-gu Seoul and Jung-gu roadway, and the participants began from 2,500 to 75,000, and the participants attempted to proceed with the demonstration as prescribed by this Ordinance. The police of the Republic of Korea attempted to block the road by the police bus and to stop the participants from driving the demonstration at a specific point. During that process, the police of the Republic of Korea committed violence, such as destroying and damaging the police bus. The police of the Republic of Korea was responding to the above assembly and demonstration, and the police of the Republic of Korea committed an act of violence, such as destroying and damaging the police bus.

5. During the period from February to July 10, 200, 440, and 00 police personnel (careers) were dispatched. The prosecution of the Plaintiff Republic of Korea indicted 43 of the participants in the assembly and demonstration, charged 165 of the arrest of 165 persons, and filed a petition for summary order.

[Grounds for Recognition] The facts without dispute, Gap evidence Nos. 1 through 34, Eul evidence Nos. 1 through 8, Eul evidence Nos. 1 through 13, Eul evidence Nos. 1 through 16, and Eul evidence Nos. 1 through 16 (including each number), the overall purport of the pleadings [including the judgment of the appellate court rendered on February 18, 2012, which became final and conclusive on January 19, 2012]

2. Summary of the cause of the Plaintiff’s claim

A. Claim on the occurrence of liability for damages

As of July 6, 2008, the National Countermeasure Meeting of the Defendant is a non-governmental organization organized on May 6, 2008. As of July 6, 2008, the number of members of the Defendant’s National Countermeasure Meeting is 1,838. The Defendant’s Korean Film Association and the Participatory Association are members of the Defendant’s Book. The Defendant’s Korean Film Association and the Participatory Association became the main axis, and the U.S. beef import negotiation pursuant to the “Announcement of the U.S. Beef Import Negotiations” was established on May 6, 2008, and the Defendant’s National Countermeasures Committee was organized for the purpose of opposing the U.S. FTA negotiation. From May 9, 2008, the ○○○○○○○○○○○○○○○○○○ Committee established a candlelight assembly, which started with pure cultural character after the Defendants participated, led the Defendant’s full-time conference or its opposition to the illegal activities of the Defendant’s beef import and solidarity.

The Plaintiff sustained damages from the Defendants’ intentional or negligent misconduct. After the Defendant’s National Countermeasures Council was organized, the Defendants established a situation room on the 1st and 5th floor of the Defendant’s Joint Office, led Defendant Park ○○ and ○○ as joint situation chiefs, leading the import of U.S. beef and its organization to hold events in the form of alrab, and subsequently, led the Defendants to hold an illegal candlelight assembly. The Defendants held an emergency steering committee on May 13, 2008 to June 2, 2008, up to 48 consecutive candlelight assembly (from June 20, 2008 to June 22, 2008, 1, 300 mallelight 5 mallelights in order for the Defendants to 1,500 mallelights in the direction of 5 mallelight in the direction of 1,500 mallelights in each of the instant assembly.

5. Seoul had suspended the business of the Union, and the participation in the demonstration and the religious community was led to the participation of the Defendants, and on June 17, 2008, not only the Defendants but also the representatives of the organizing groups of the Defendant National Countermeasures Council held joint meetings to drink cities due to the demonstration at work time in the joint meeting of the Defendant National Countermeasures Council and discussed the cryp of any excessive demonstration, such as the cryp, Cheongpo-An lusction, and the flusction of the flab on container, and the flabing of the flab on container. In fact, the Defendants (excluding the Defendant National Countermeasures Council before May 6, 2008) did not report, but also did not report on May 20 to June 6, 2008.

During the two months, illegal activities such as holding and inciting illegal candlelight assembly and violence demonstration, thereby causing collective assault, bodily injury, damage, and traffic obstruction, etc. The major illegal acts by date are as shown in [Attachment 1]. The Defendants jointly or in collusion committed a violation of the duty of care as a promoter of illegal assembly and demonstration, and abetted or aided the act of violence of the demonstration team.

The above acts of the Defendants are illegal acts, and the Defendants committed intentional or negligent acts. As a result of the Defendants’ illegal acts, the Plaintiff suffered damages, and there was a proximate causal relation between the Defendants’ illegal acts and damages. Therefore, the Defendants are liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to the illegal acts as joint tortfeasor.

[Specific contents] (B) Claim on the amount of damages: (a) Claim on July 31, 2008; (b) the written complaint submitted on November 4, 2008; (c) the written brief submitted on April 1, 2010; (d) the briefs submitted on June 15, 2010; and (e) the briefs submitted on July 24, 2013; and

[Attachment 2. [Omission] 2. A’s personal damages amounting to KRW 246, 912, 715, physical damages amounting to KRW 270, 177, 844, ( KRW 126, 023, 595 + KRW 124, 825, 750 + KRW 19, 328, 499), plus KRW 517,090,559 ( KRW 246, 912, 715 + KRW 270, 177, and 8444).

[Specific contents] Amendment (Expansion) of the purport of the claim submitted on November 26, 2008, and see the Supplementary Request for Claim)

3. Judgment on the issue

A. All citizens of the Republic of Korea have freedom of press and publishing, freedom of assembly and association, and citizens’ freedom and rights are not respected on the grounds that they are not listed in the Constitution (Articles 21(1) and 37(1) of the Constitution of the Republic of Korea), and all freedom and rights of the people are national security, maintenance of order, or public welfare.

Only if necessary, it may be limited by law, and even if limited, it may not infringe on the essential contents of freedom and rights (Article 37(2) of the Constitution).

A juristic person shall be liable for damages inflicted upon a director or any other representative in connection with his duties, and a director or any other representative shall not be relieved of the liability for damages caused by any act other than the purpose and scope of the juristic person, and if any damage was inflicted on another person due to an act other than the purpose and scope of the juristic person, the members who consented to or who executed the resolution and

A person who has intentionally or negligently inflicted damages on another person due to an illegal act shall be liable for such damages (Article 750 of the Civil Act), and when several persons jointly inflict damages on another person due to an illegal act, he shall be liable for the damages concerned, and even if it is impossible to find out which act of a certain person among the joint acts was inflicted on that person, he shall be jointly liable for such damages. An aided or an aided person shall be deemed a collaborative act (Article 760 of the Civil Act); a person who has had an employee engage in a certain business using another person shall be liable for damages inflicted on a third person regarding the performance of his business; however, the same shall not apply in cases where the employer has paid due attention to the appointment and supervision of an employee, or where the employer has paid due attention to the appointment of an employee or supervision of the business, but the employee shall be liable for damages inflicted on a third person (Article 756(1) and (2)

The facts led to confession by the parties in the court do not require proof (main sentence of Article 288 of the Civil Procedure Act), but the victim must prove the facts and losses caused by evidence (Article 202 and Article 289 of the Civil Procedure Act, and Article 750 of the Civil Act, and Article 750 of the Civil Act).

B. Issues

The key issue of this case is: (a) whether there is evidence to acknowledge liability under Article 35 of the Civil Act to the Defendant’s National Countermeasures Council, Korean Film Association, and Joint Participation Association; (b) whether the Defendants, who are non-corporate groups and corporations, can be the subject of joint tort (including aiding and abetting and abetting and aiding and abetting) under Article 760 of the Civil Act; (c) whether the Defendants, who are non-corporate groups and corporations, can be the subject of employer liability under Article 756 of the Civil Act; (d) whether there is evidence to acknowledge this; and (e) whether there is evidence to acknowledge proximate causal relation between the Defendants’ unlawful act and the damages. Specifically, the Defendants’ joint and several liability should be recognized for damages to others; (e) whether each of the directors or other representatives of joint and several participation has the capacity to recognize liability for damages to others; and (e) what type of tort was established between the Defendants, who caused damage to others due to their intentional act or negligence; and (e) whether the Defendants were joint and several liability for damages due to the Defendants’ unlawful acts in accordance with criminal law.

(c) The date and time of the analysis of the cause of the claim of the plaintiff (1) shall be May 2, 2008, 3, 7, 9, 10, 14, 15, 16, 17, 19, 20, 23, 27, 29, 30, 30, 30, 30, 40, 27, 27, 30, 200, 27, 200, 27, 30, 200, 27, 30, 200, 200, 25, 200, 200, 30,000, 25,000,000,000,000,000,000,000,000,000,000,000

(D) The ○○○○, Defendant 2, on May 19, 208, 21, 29, 30, 29, 60, 28, 200, 208, 20, 200, 200, 208, 206, 30, 206, 20, 206, 30, 208, 206, 20, 206, 30, 206, 30, 206, 200, 206, 30, 206, 200, 200, 206, 206, 200, 206, 206, 30,0000, 200,000,0000,000,000,000).

The place is a closed-ro post office, broad-ro office, front and new gate R, Sweak Building, Sweet Nos. 7, Sweet Nos. 57777, YMCA, YMR Nos. Round, front and rear the viewing square, front and rear the Dompire hotel, front and rear the Sweet, front and front of the city office, third front and front of the city office, third and front of the city office, third and front of the Dompire, third and front of the Dompire, third and front of the Dompire Park, front and front of the Dompire Park, third and front of the Dompire Park, third and front of the Dompire Park, third and front of the Dompire Park, third and front of the Dompire Park, third and front of the Dompire Park, third and front of the Dompire Park, front and rear new culture center, front and rear of the modern sea model.

(C) The causes of the injury are diverse. The process of arrest, the process of fessing, the process of stopping, and the process of leading to the demonstration team most. The special reason is 7 times a year (e.g., facing the right bridge to the columns installed on the road while moving to the Gu newsletter), 8 (e.g., going beyond the fence between the roadway and India out of the transit bus for the incidental return to the unit after the end of the situation), 19 (e.g., knee in unreasonable movement), 21 (defesing to the knee), 19 (e.g., getting out of the dispatch), 52 (g., coming up to one’s own seat), 54 (g) 1) 1) 52 (g) 1) 2 (g) 2) 2) 1) 2 (g) 2) 2) 1) 2 (e) 2) 2) 2 (g) 54 2) 2) 1) 5- 5-2 5- 5 (g 5 (g glelelelele, 5) glelelele with a ra sle, slele sle.

(6) 1) Manee and Mae and Mae and 1: (6) 1 (1) fel and 7 (1) fel and 1 (6) fele and 1 felg 1 felg 6, 15 (1) felg 1, 7 (1) felg 1, 1 (6) felg 1, 8 (1) felg felg 1, 15 (6) felg 1, 7) felg 1, 15 (1) felg 6) felg 1, 8 (1) felg felg 1, 14 (6) felg felg 1, 97 felg felg felg 1, 97 felg felg felg 1, 98 felg fel

(3) The date and time of physical damage (A) is May 25, 2008, 27, 30 days, 31, June 1, 202, 30 days, 6 days, 7 days, 8 days, 11 days, 21 days, 23 days, 25 days, 26 days, 27 days, 28 days, and 29 days. (b) Places are not all specified.

(C) No. 2 and No. 40 per annum of the part of the cause equipment is lost, No. 75 per annum, and the remainder is a deviation.

D. Specific determination (1) Composition of the overall cause of the claim

The gist of the Plaintiff’s assertion is comprised of the victim, the damage, and the losses. Even if the Defendants were to be found to have committed an unlawful act, it is difficult to acknowledge that the Defendants were to participate in the assembly or demonstration on the following grounds: (a) Defendant 1 to 3, a non-corporate body; and (b) Defendant 1 to 2, the number of persons involved in the assembly or demonstration for approximately two months; (c) Defendant 1 to 17, a group of persons participating in the assembly or demonstration for approximately six months; (d) Defendant 1 to 4, the Defendants were not in charge of the assembly or demonstration for a long time; and (e) Defendant 1 to 6, there is no evidence that the Defendants actively participated in the assembly or demonstration on the part of the Defendants, i.e., the number of persons participating in the assembly or demonstration; and (e) Defendant 1 to 2, there is no evidence that the Defendants actively participated in the assembly or demonstration for a specific period of time, i.e., the Defendants’ relevance to the assembly or demonstration.

(2) There is no assertion or proof as to the place, circumstance, etc. where the bus was destroyed, including the place, circumstance, etc. of physical damage. No assertion or proof has been made with respect to the place, place, situation at which the equipment was lost, the victim was lost, the situation at the time of the loss or escape, the evidence about the inseminator and the inseminator was not collected in whole or in part (the part of the bus). There is no assertion as to the specific place where the equipment was lost, the specific place, the place, the situation at which the equipment was lost, the situation at the time of loss or escape, and the inseminator and the victim. As such, the Defendants cannot be deemed jointly liable for damages at all times due to the loss of the equipment that occurred during the assembly and demonstration period between May and June 208, and the victim. In addition, it is extremely difficult to distinguish the type of evidence collection that can determine the relationship between the perpetrator and the Defendants from the victim, and there is no further proof as to the Defendants’ direct liability for damages from the victim’s tort liability.

(4) The proximate causal relation, etc.

There is a proximate causal link between the process of the assembly and demonstration in which both the plaintiff's assertion, damage, and loss are alleged.

In particular, it is difficult to recognize a proximate causal relationship with attached Form 2, No. 7, etc. on the year of personal injury.

(5) Sub-decisions

Since there is a lack of proof in accordance with the precedents and the rules of evidence, the plaintiff's claim cannot be accepted.

4. Conclusion

The plaintiff is dismissed on the ground that there is no ground to the defendants.

Judges

Judge Ma-gu of the presiding judge

Judges Seo-sung et al.

Judges 000

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