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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. C on May 18, 1961, was arrested and detained by investigators without a warrant issued by a judge pursuant to Article 10 of the Cabinet Order 10 (in the area of martial law, it may be executed without a court’s warrant after being arrested, detained and searched when necessary for the implementation of revolutions within the area of martial law).
B. On June 21, 1961, after the arrest of C, the Act on the Organization of the Revolution Court and the Prosecutor’s Office was enacted by Act No. 630 on June 21, 1961, and on June 22, 1961, the Special Act on the Punishment of Special Crimes (hereinafter “Special Act”) was enacted and promulgated by Act No. 633 on June 22, 1961. Article 6 of the Special Act of this case provides that “A person, who is in the major position of a political party or social organization and is in the interest of an anti-government organization as provided in Article 1 of the National Security Act, knowingly, commits an act for the accomplishment of its purpose by praise, rubber, aid, or other means, shall be punished by death, imprisonment for life or for more than 10 years,” and the Addenda of the Special Act provides that “This Act shall apply retroactively from the date of its promulgation to the date of its promulgation.”
C. C was indicted to the Revolution Court in violation of Article 6 of the Special Act by the Act on December 11, 1961 by the Act on the Organization of the Revolution Court and the Prosecutor’s Office established under the Act on the Organization of the Prosecutor’s Office, and the summary of the facts charged is as indicated in the separate sheet of facts charged.
The Court of Revolution sentenced C to three years of imprisonment with prison labor for the above facts charged (No. 222 of the 1961 Revolution Act). Although C appealed appealed, the appellate court dismissed the appeal, and the above judgment became final and conclusive around that time.
(hereinafter “The Judgment of the Revolution Court”). C was discharged on December 16, 1963, when serving in accordance with the Judgment of the Revolution Court.
E. C’s wife D is against the judgment of the Revolution Court of this case on October 26, 2010.