TITLE	Supreme Court en banc Order 2011Chogi689 Dated April 18, 2013 ¡¼Criminal Compensation¡½ [full Text]
Summary
[1] Where a repealed penal law was unconstitutional and invalid ab initio, measures to be taken by the court hearing a case involving a defendant who had been charged based on the said law (i.e., judgment of not-guilty) [2] Whether the ¡°Presidential Emergency Measure No.9,¡± which was issued based on Article 53 of the so-called Yushin Constitution, goes against the Constitution and is thus unconstitutional and invalid (affirmative) [3] Where the Defendant, having been convicted by the first and second instance courts on charges of violating the Presidential Emergency Measure No.9, made a final appeal on which the sentence of the Defendant¡¯s detention was suspended, received a final and conclusive judgment of acquittal as the Presidential Emergency Measure No.9 was lifted, and died, after which the Claimant (the Defendant¡¯s wife) sought a criminal compensation claim, the case affirming the Claimant¡¯s entitlement to seek compensation regarding the Defendant¡¯s detention for violating the Presidential Emergency Measure No.9

Prev	Supreme Court Decision 2011Da64836 Decided April 26, 2013¡¼Confirmation, etc., of Domain Address Possession¡½
Next	Supreme Court Decision 2012Da44969 Decided April 11, 2013 ¡¼Damages¡½