logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.10.26 2015가합50197
손해배상(국)
Text

1. The Defendant: 31,947,392 won to Plaintiff A, Plaintiff B, and Plaintiff E respectively, and 34,403,552 won to Plaintiff C, and Plaintiff C, respectively.

Reasons

1. Basic facts

A. On May 17, 1961, the Military Revolution Committee (the name of May 19, 1961) promulgated No. 10 of the Decree of the Republic of Korea that “if necessary for the performance of the revolution in the area under martial law, it may be executed without the court’s warrant” (Article 630 of the Act on the Organization of the Revolution and the Public Prosecutor’s Office) by Act No. 630 of June 21, 1961, and on June 22, 1961, the Special Act on the Special Punishment of Crimes (hereinafter “Special Act”) was enacted respectively.

Article 6 of the Special Act of this case provides that “A person who, while being in the major position of a political party or social organization, knowingly engages in an act to praise, encourage, aid, or perform by other means the activities of an anti-government organization as provided in Article 1 of the National Security Act shall be punished by death or imprisonment for life or for not less than 10 years.”

In addition, the Addenda of the Special Act provides that "this Act shall apply retroactively to the period of three years and six months from the date of its promulgation," and includes the retroactive application of punishment.

3) The deceased J (Death on June 12, 1971) was prosecuted on June 11, 1961 by the deceased K (Death on February 22, 201) on June 13, 1961 by the investigator without a warrant issued by the judge under Article 10 of the above Decree, and was arrested and detained by the investigator on charges of violating the Special Act, and was detained on November 6, 1961 by the deceased K for 149 days, and 147 days by the deceased K for 147 days. (B) On November 6, 1961, the deceased JJ and the deceased K for the execution of a sentence by the Revolution Court (hereinafter “the deceased”).

The summary of the facts charged (hereinafter “instant facts charged”) is as shown in the attached Table of the facts charged.

2..

arrow