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(영문) 서울고등법원 2014.06.12 2014나2000220
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

The defendant 30 million won for each of the plaintiffs A, E, and F, and 2.2.

Reasons

1. Basic facts

A. On March 2, 1974, while attending the second grade of the management department of G University, Plaintiff A, E, and F participated in student movements, such as the commission of printed materials, etc. for the demonstration of anti-readers around the end of the year 1974. As such, Plaintiff A participated in the presidential emergency measures (hereinafter “emergency measures”) on April 23, 1974.

(2) On April 27, 1974, Plaintiff E was arrested without a warrant for suspicion of violation of Articles 1 and 4 and was detained on April 27, 1974. Plaintiff F was arrested on the same suspicion without a warrant on April 25, 1974, and was detained on April 27, 1974. Plaintiff F was arrested on the same suspicion without a warrant on April 24, 1974, and was detained on April 25, 1974, and was detained on the suspension of indictment on August 8, 1974. Plaintiff B was released on March 28, 1974, while attending the Social Department of the Literature University, and was arrested on March 28, 1974 without a warrant on the charge of violating emergency measures on March 28, 1974, and participated in preparation for nationwide demonstrations, and was released on April 26, 1974.

3) On April 1974, when Plaintiff C was enrolled in H University, Plaintiff C is the Korean Democratic Youth Federation of Staff (hereinafter “Private School Federation”) who was employed in the Republic of Korea on April 1974.

(4) The Plaintiff D was arrested and detained on May 15, 1974 on charges of violating Emergency Decree No. 4 and detained on May 23, 1974, and was released on June 26, 1974. The Plaintiff D had an incentive to distribute at the time of conducting a nationwide university student demonstration, while attending the International University’s college. On April 1974, it was arrested and detained without a warrant on May 15, 1974.

B. Emergency Decree Nos. 1 and 4 subparag. 1 of the Emergency Decree shall all acts of denying, opposing, distorted, or slandering the Constitution of the Republic of Korea, any acts of asserting, proposing, proposing, or petitioning the amendment or repeal of the Constitution of the Republic of Korea, and any acts of aiding, spreading, and any acts prohibited as such, and all words and actions of informing others by means of soliciting, instigating, advertising, broadcasting, reporting, publishing, and other means.

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