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(영문) 서울고등법원 2015.04.30 2014나2021913
손해배상(기)
Text

1. All appeals by the plaintiffs and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. The reasoning for the court’s explanation concerning this case is as follows, and this case is cited by the main text of Article 420 of the Civil Procedure Act, except for the modification of part of the judgment of the court of first instance as follows.

Under the 5th page 4-8, the 10th page 10(A) (the part concerning the determination on the cause of the claim) is replaced by the following.

1) The defendant is obligated to protect the fundamental rights of the people as the State and to guarantee the dignity and value of each individual citizen as human beings.

In addition, Article 9 of the former Constitution of the Republic of Korea (amended by the Constitution No. 6 of December 26, 1962) to which the deceased was arrested and applied at the time of the judgment of the Revolution Court (amended by the Constitution of the Republic of Korea of December 26, 1962) provides, “All citizens shall enjoy personal liberty. No arrest, detention, search, examination, punishment, and forced labor shall be permitted except as provided by Acts. The judge’s warrant should be issued for arrest, detention, or search: Provided, That in cases where there is a concern about the escape or destruction of evidence of a flagrant offender of a crime, an investigative agency may request the issuance of an ex post facto warrant as prescribed by Acts. Anyone who is arrested and detained shall be guaranteed the right to

2) As acknowledged prior to tort due to illegal arrest, detention, etc., judicial police officers, etc. belonging to the defendant arrested the deceased without the judge’s warrant. The military revolution committee established after the May 19, 1961 (hereinafter referred to as the National Assembly of the Republic of Korea on May 19, 1961) declared emergency martial law and promulgated on May 17, 1961 stipulated that “in the area of martial law, it may be executed without the court’s warrant after being arrested, detained and searched when necessary for the performance of the revolution in the area of martial law.” However, the former Martial Law Act (amended by Act No. 3448, Apr. 17, 1981) which was applied at the time.

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