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1. The Defendant’s each of the Plaintiffs amounting to KRW 86,00,000 and 5% per annum from April 11, 2013 to May 16, 2013, respectively.
Reasons
1. Facts of recognition;
A. On May 17, 1961, May 17, 1961, the date following the date on which the Do Council E’s detention was instituted, promulgated No. 10 of the Decree that “if necessary for the performance of revolutions in the area of martial law, it may be executed without the court’s warrant.”
(2) After that, the Act was enacted by Act No. 630 on June 21, 1961, and the Act on the Organization of the Prosecutors' Office was enacted on the 22th of the same month following that, the Special Act on the Punishment of Special Crimes (hereinafter "the Special Act") was enacted by Act No. 633.
Article 6 of the Special Act of this case provides, “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 includes the retroactive application of punishment, stating that “this Act shall apply retroactively from the date of its promulgation until three years and six months from the date of its promulgation.”
(3) On May 24, 1961, the deceased E (hereinafter “the deceased”) was arrested and detained by the investigators without a warrant issued by a judge under subparagraph 10 of the above Decree, and was detained for 96 days until the prosecution on August 27, 1961.
B. (1) On August 27, 1961, the deceased was indicted for violation of Article 6 of the Special Act on the Revolution in accordance with the Act on the Organization of the Revolution Court and the Prosecutor’s Office established under the Act on the Organization of the Revolution.
The summary of the facts charged is that the deceased is a member of the Central Execution Committee, who is a major father of the F Party, who is a party, and is aware that it is an anti-government organization's interest.