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(영문) 서울중앙지방법원 2015.12.17 2015가합551760
손해배상(기)
Text

1. The Defendant: (a) KRW 117,419,200 for Plaintiff A; and (b) KRW 92,419,200 for Plaintiff B; and (c) for each of them, from November 19, 2015 to December 2015.

Reasons

1. Basic facts

A. On May 17, 1961, the date following the date when the Do Council C’s detention occurred, the Military Revolution Committee promulgated No. 10 of the Presidential Decree on May 17, 1961, stating that “if necessary for the performance of the Revolution in the area of martial law, it may be executed without the court’s warrant” (see, e.g., Supreme Court Decision 630, Jun. 21, 1961; 2) the “Act on the Organization of the Revolution Court and the Prosecutor’s Office of the Revolution” was enacted by Act No. 630, Jun. 21, 1961; and (3) the Special Act on the Special Punishment of Crimes (hereinafter “Special Act”) was enacted as 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) The network C (hereinafter referred to as “the deceased”).

(B) On May 11, 1961, the deceased was arrested on May 26, 1961, and was detained for 200 days until he was prosecuted for a violation of the Special Act of this case. (b) The deceased was prosecuted for a violation of the Special Act of this case to the Revolution Court established under the Act on the Organization of the Revolution Court and the Prosecutors' Office established under the Act on December 11, 1961.

The summary of the facts charged is that North Korea's referring to the government for the purpose of returning to the Republic of Korea in violation of the Constitution, referring to the 625 North Korea's movement with the aim of returning to the Republic of Korea, but changing the 625 North Korea's cryption to the method of indirect aggression, claiming a disguised peace, unification, inter-Korean negotiations, etc., and promoting a national policy of

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