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(영문) 서울고등법원 2016.09.02 2016나2028925
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant shall be revoked, and all the plaintiffs' claims corresponding to the revoked part shall be revoked.

Reasons

1. After remanding the case, the Plaintiffs claimed consolation money due to tort against the Defendant, and the first instance court partly accepted the Plaintiffs’ claim.

With respect to the part against the plaintiffs in the judgment of the court of first instance, the defendant appealed against each part of the judgment against the defendant among the judgment of the court of first instance, and the court of first instance accepted part of the plaintiffs' appeal, and the defendant's appeal was dismissed.

With respect to the part against the plaintiffs in the judgment of the court before remanding, the defendant appealed against the defendant in the judgment of the court before remanding. The Supreme Court reversed and remanded the part against the defendant in the judgment of the court before remanding, and all appeals by the plaintiffs were dismissed, the part against the plaintiffs in the judgment of the court before remanding was separated and finalized.

Therefore, the scope of the trial after remand is limited to the part against the defendant among the judgment before remanding.

2. Basic facts

A. A summary of the case 1) The Joint Plaintiff A (hereinafter “A”) of the first instance court on the indictment of detention

L, G, H, I, L (Death on October 18, 1998, death, K, and their F-high school life) while serving as a teacher in the Chungcheongnamsan area in the 1970s, together with L, “M”, “N” as of the end of 1980s, while serving as a teacher in the Chungcheongnamsan area.

5. On July 22, 1981, a member of the Daejeon Provincial Police Agency affiliated with the defendant was forced to conduct activities such as informing the truth of the Gwangju Democratization Movement by copying and distributing printed materials related to the truth of the Gwangju Democratization Movement.

A detention warrant issued on August 20, 1981 to A was issued on August 20, 1981; A on October 6, 1981, violated the former National Security Act (amended by Act No. 3318, Dec. 31, 1980; hereinafter the same shall apply); violation of the former Antipublic Law (amended by Article 2 of the Addenda to the former National Security Act (Act No. 3318, Dec. 31, 1980; hereinafter the same shall apply); violation of the former Assembly and Demonstration Act (amended by Act No. 3278, Dec. 18, 1980; hereinafter the same shall apply); violation of the former Martial Law.

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