1. The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. (1) B, including the judgment of conviction against B, was indicted on March 10, 1979 under the charge that (a) based on the Emergency Decree stipulated in Article 53 of the former Constitution of the Republic of Korea (wholly amended by Act No. 9 of Oct. 27, 1980), slandered the Presidential Emergency Decree for the Protection of National Security and Public Order (amended by Presidential Emergency Decree No. 9 of May 13, 1975, released by Presidential Notice No. 67 of December 7, 1979; hereinafter “Emergency Decree No. 9”), and publicly disseminated the Emergency Decree No. 9 on March 27, 1979.

B was sentenced by the above court on September 3, 1979 to three years of suspended sentence and two years of suspension of qualification for the above court in the above case No. 79Gohap49 (hereinafter referred to as “the judgment subject to a retrial”), and the judgment subject to a retrial shall be subject to a retrial for the same year.

9. 11. A final and conclusive date.

(2) The public officials belonging to the Defendant’s illegal acts against the Defendant’s B and their families arrested or detained B without the warrant of the judge, without notifying the Defendant of the grounds for arrest.

B, suspension of qualification according to the judgment subject to a review has been deprived of the regime.

B on March 30, 1979, detained by the same year.

9.3. A prison life was held for 158 days until the release as a suspended sentence according to the judgment subject to a retrial.

Even after the release of B, public officials belonging to the Defendant inspected B and their families.

B. (1) In the en banc Order 201Hu689 dated April 18, 2013, the Supreme Court determined that Emergency Measure No. 9 was unconstitutional.

On March 21, 2013, the Constitutional Court made a decision of unconstitutionality as to Emergency Measure No. 9 in the case of 2010HunBa70, 132, 170(combined).

(2) C, as the ASEAN branch court of the Gwangju District Court, filed a motion for a new trial as to the judgment subject to new trial under the 2013 Inventory 4, and the said court rendered a judgment of innocence to B on November 14, 2013, and the said judgment was rendered on November 22, 2013.