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(영문) 서울중앙지방법원 2017.10.20 2015가단5310707
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Determination as to the plaintiffs' claim against defendant M

A. Basic facts 1) Plaintiff “A” (hereinafter “Plaintiff A”)

(2) On April 6, 2015, the Seoul Yongsan Police Station submitted to the Ministry of National Defense an assembly report stating that, in order to prevent the introduction of the USFFS from adopting the SPD (THAD, Tminos Dese, Godominudududio defense system) and that, on April 6, 2015, “date and time: 08:0-21:00 on the P date and time: 08:0-21:00 on the P date and time: The place of holding: The door of the Ministry of National Defense, written text of the Ministry of National Defense, written statement of the Ministry of National Defense-, written statement of the Ministry of National Defense, written statement of the Ministry of National Defense-, written statement of the public service center, the organizer, B (A), the number of reported persons: 100 persons, and the use of India.”

3) The 60 members, including the Plaintiffs A and the rest of the Plaintiffs, of Plaintiff A, from around 10:15 of the P date to around 12:15 of the same day, are the assembly called “ Qu” to the effect that they dissent from the promotion of the posting of the Korean Peninsula in front of the door of the Ministry of National Defense located in Yongsan-gu Seoul Metropolitan Government

(4) At the time of the date of the PP, Defendant M directed and supervised police officers dispatched to the scene of the PP as R of the Yongsan Police Station.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

B. The key points of the Plaintiffs’ assertion are as follows: (a) the Plaintiffs suffered serious mental damage by infringing on the freedom of assembly and expression due to the unlawful performance of duties as set forth below by Defendant M.

Therefore, the defendant is obligated to pay KRW 1,000,000 each as compensation for mental damage suffered by the plaintiffs.

At the time of the meeting of the Ministry of National Defense using the order keeping line, the police at the time of the meeting of the Ministry of National Defense set a very narrow line to the extent that it is difficult to hold a normal meeting even if the number of participants entered in the report is 100.

Then, the participants were forced to leave some of the order keeping lines at the port, but they were arbitrary order keeping lines.

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