2. Case progress

A. On January 8, 1974, the Defendant was indicted under the Emergency Decree No. 32 of the 74th National Assembly of Korea, which was established by the Presidential Emergency Decree No. 2 of the Emergency Decree No. 1974.

비상보통군법회의는 1974. 8. 8. 피고인에 대한 공소사실을 모두 유죄로 인정하면서 구 반공법(1980. 12. 31. 법률 제3318호로 국가보안법에 통합되어 �지되기 전의 것, 이하 같다) 제4조 제1항, 제9조의 2, 대통령긴급조치 제1호, 제4호를 적용하여, 피고인에게 징역 10년 및 자격정지 10년을 선고하였다

(hereinafter “instant judgment subject to a retrial”) B.

Although the Defendant appealed against the above judgment, on September 23, 1974, the Defendant was dismissed at the Emergency High Military Court Decision (74Do3489) and again appealed to the Supreme Court (74Do3489), but the instant judgment subject to a retrial became final and conclusive on February 10, 1975.

C. On November 3, 2001, the Defendant died, and on February 10, 201, B claimed a new trial on the instant judgment subject to a retrial in the instant court.

On July 30, 2014, this Court rendered a ruling of commencing a new trial, and the above ruling became final and conclusive as it is.

3. Determination

A. As to the violation of the former anti-public law, the crime of Article 4(1) of the former anti-public law is established when an anti-government organization or a member thereof, or a member thereof, or an act that helps an anti-government organization act in concert with, or in concert with, an anti-government organization by other means. However, for the purpose of applying it, the content of the act must objectively be the benefit of the anti-government organization, and subjectively be the awareness that it is an anti-government organization (see, e.g., Supreme Court Decision 82Do2658, Feb. 22, 1983). In addition, Article 4(1) of the former anti-public law is different from Article 7(1) of the current National Security Act amended by Act No. 4373, May 31, 191.