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(영문) 서울중앙지방법원 2015.11.26 2013가합543444
손해배상(기)
Text

1. All of the claims for consolation money inherited by Plaintiffs A, B, C, and D among the claims in this case shall be dismissed.

2. The defendant.

Reasons

1. Facts of recognition;

A. 1) On May 13, 1975, 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 “former Constitution”).

) Pursuant to Article 53 of the Presidential Emergency Decree for the Protection of National Security and Public Order (amended by the Presidential Emergency Decree No. 9 on May 13, 1975, and released by the Presidential Notice No. 67 on December 7, 1979; hereinafter “Emergency Measure No. 9”).

(2) Article 9(1)(a) of the Emergency Decree prohibits “act of openly disseminating, distributing, selling, possessing, or displaying any content thereof by means of a broadcast, news, or other means of public communication, such as assembly, demonstration, newspaper, broadcast, communications, drawing, sound records, etc.” (b) prohibits “act of denying, opposing, dissipating, or slandering the Constitution of the Republic of Korea by means of public means of communication, such as assembly, demonstration, newspapers, broadcasting, telecommunications, etc., or by asserting, petitioning, inducing, or publicizing the amendment or abolition thereof.” (2) prohibits “act of openly disseminating, distributing, selling, possessing, or displaying any content thereof by means of broadcast, news, or other means, or by producing, distributing, possessing, possessing, or displaying

Emergency Decree No. 9(7) provides that “When a person violates this, he/she shall be punished by imprisonment for a limited term of at least one year and suspension of qualification for at least ten years, and shall be punished by attempted crimes, or by imprisonment for a preparatory or conspiracy.”

B. On November 12, 1977, while attending H University, Plaintiff E, and F were arrested without a warrant on charges of violating Emergency Measure No. 9, and were detained on November 25, 197.

Plaintiff

E and F shall be attached to the Yeongdeungpo Branch of the Seoul District Court

3. It was charged with violating paragraphs 1 (b), (c), and (7) of Emergency Decree No. 9, as stated in the facts charged.

2 G was detained on the charge of violating Emergency Decree No. 9 on January 19, 1978, when he/she was in office as Daegu I Standing Auditor.

G shall be in attached Form for Daegu District Court racing support

3. Paragraphs 1 (a) and 7 of Emergency Measure Nos. 9 (1) and (7), as stated in the facts charged.

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