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(영문) 서울중앙지방법원 2014.07.11 2013가합71574
손해배상(기)
Text

1. The Defendant: (a) KRW 62,176,655; (b) KRW 29,784,436; and (c) KRW 29,784,436, respectively, to Plaintiff B and each of them on May 28, 2014.

Reasons

1. Basic facts

A. On February 21, 1977, A’s conviction judgment against A and the content of a prison basin, etc. (1) A’s presidential emergency measures for the national security and the protection of public order (hereinafter “emergency measures No. 9”) are deemed to be “emergency measures No. 9”.

(2) On March 28, 197, the Defendant was detained on the charge of the violation and was indicted on March 28, 197 by the Chuncheon District Court 77Dahap14, and the facts charged are as stated in the annexed facts charged (hereinafter referred to as the “instant facts of violation of emergency measures”).

(2) On May 26, 197, the above court found A guilty of the facts charged and sentenced A to imprisonment with prison labor for 1 year and 6 months and suspension of qualifications for 1 year and 6 months.

3) The Seoul High Court Decision 77No1008 (Seoul High Court Decision 77No1008), respectively, and the above court reversed the judgment of the first instance on September 7, 197, and sentenced A to a suspended sentence of three years and suspension of qualifications for one year and six months (hereinafter the above judgment is referred to as “the judgment on review”).

(4) A was released on September 7, 1977 by the Do governor of the appeal period on September 15, 1977.

B. On February 14, 2011, A, including the confirmation of a new judgment, filed a petition for a new trial with the Seoul High Court 201Nono. 15, and the said court rendered a judgment of innocence against A on July 5, 2013, and the said judgment of innocence became final and conclusive on July 13, 2013.

The reasons for the judgment of innocence are as follows:

① Emergency measures prescribed in Article 53 of the former Constitution (wholly amended by Act No. 9 of Oct. 27, 1980; hereinafter “former Constitution”) are those prescribed in subparagraph 9 of the Emergency Measures based on the Emergency Rights prescribed in Article 53 of the former Constitution (wholly amended by Act No. 9 of Oct. 27, 1980; hereinafter “former Constitution”) infringing the fundamental rights of the people guaranteed by the Constitution

Therefore, even before the Emergency Decree No. 9 is cancelled or invalidated, it is unconstitutional in violation of the Constitution, and furthermore, it has a provision guaranteeing fundamental rights infringed by Emergency Decree No. 9.

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