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(영문) 서울중앙지방법원 2015.04.28 2013가합544409
손해배상(기)
Text

1. Of the instant lawsuit, the part of the claim for damages inherent to the Plaintiff A, B, and C shall be dismissed.

2...

Reasons

1. Basic facts

A. Plaintiffs Q, R, S, T, U,V, W, X, Y, and C (hereinafter “the instant parties”) were those who were engaged in a student movement opposing the Plaintiff’s status with a critical point of view on the genetic body system of the former president from around 1974 to around 1978.

B. Around November 3, 1978, Plaintiff Q, Q, and R distributed printed materials that contain the contents, such as the removal of a new constitution, in the rupture of the Republic of Korea on the date of the students opened at the Densan University on November 3, 1978.

Plaintiff

R was carried out by the police while distributing printed materials, and Plaintiff Q voluntarily surrenders himself and was investigated in the state of detention in the Incheon Police Station.

B) The above plaintiffs were issued a detention warrant on November 9, 1978 and on November 29, 1978, under the Presidential Emergency Decree (Presidential Emergency Decree No. 9, enacted May 13, 1975, enforced June 3, 1975) for the protection of national security and public order (Presidential Emergency Decree No. 9, Presidential Emergency Decree No. 9, Presidential Emergency Decree No. 1975, May 13, 1975).

1. It shall prohibit any of the following acts:

(c)the act of a student’s assembly, demonstration, or political intervention, except for any class, research, or the prior permission of the principal under the guidance or supervision of the school authorities, or other ordinary non-political activities;

In such cases, the suspension of qualification for not more than ten years shall be concurrently imposed.

The same shall also apply to a person who has neglected, prepared or conspired to commit an attempted crime.

‘D'

It was prosecuted as the charge of the violation.

The summary of the above plaintiffs are as follows. Around October 27, 1978, they are recruited to manufacture printed articles containing the contents such as the abolition of the new constitution. Around November 1, 1978, the above 1,000 printed articles were produced, and around November 3, 197, the above 20 printed articles were spreaded from the corridor of the dormitory of the small university at the small university at the small university.

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