The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. On June 25, 1975, the summary of the facts charged of the instant case, stating that “I am forced by the U.S. soldiers even though I do not voluntarily enter the people’s group, I am released from the military in the country at the time of release, I do not have the same treatment as before the military, and there is also a person who committed suicide among prisoners of war with severe surveillance, and there is a person who committed suicide with their own lives among prisoners of war and North Korea.”

2. Determination of the original judgment and decision to commence a retrial

A. On January 9, 1976, the Chuncheon District Court found the Defendant guilty of the facts charged in the instant case, and applied Articles 7 and 1(a) of the Presidential Emergency Decree for the National Security and the Protection of Public Order (amended by the Presidential Emergency Decree No. 9 on May 13, 1975, and repealed by the Presidential Notice No. 67 on December 7, 1979; hereinafter “Emergency Decree No. 9”) to “The Defendant was sentenced to one year of imprisonment and suspension of qualifications, one year of suspension of qualifications, and two years of suspended execution (75 high class 75; hereinafter “the judgment subject to a retrial”), and the judgment subject to a retrial became final and conclusive on January 17, 1976.

B. On October 31, 2017, the Prosecutor rendered a request for a retrial pursuant to Article 424 subparag. 1 of the Criminal Procedure Act, on the ground that the Emergency Measure No. 9 was unconstitutional and invalid, and thus, the judgment subject to a retrial, which declared a conviction, was based on which there exist grounds for retrial.

On November 23, 2017, there are grounds for retrial stipulated in Article 420 subparag. 5 of the Criminal Procedure Act in a judgment subject to a retrial.

On the other hand, the decision to commence the review was confirmed as it is.

3. The former Constitution of the Republic of Korea (amended by Act No. 9 of Oct. 27, 1980) of the Republic of Korea before its determination was made

The Emergency Measure No. 9, which was issued on the basis of the Emergency Measure stipulated in Article 53 of the Act, violates the fundamental rights of the people guaranteed by the Constitution by exceeding the bounds of the purpose without satisfying the requirements, and by excessively restricting the freedom and rights of the people. Thus, Emergency Measure No. 9, which was issued on the basis of the Emergency Measure No. 53 of the Act.