1. Of the judgment of the court of first instance, the part against the defendant shall be revoked, and all the plaintiffs' claims corresponding to the revoked part shall be revoked.

1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1 to 7:

D 1) The Presidential Emergency Measure No. 9 (Presidential Emergency Measure No. 9, May 13, 1975; hereinafter referred to as “Emergency Measure No. 9”) for the national security and the protection of public order on September 5, 1975.

(2) On February 17, 1976, the lower court was detained on charges of violation of the Emergency Decree and violation of the anti-public law, and was indicted on charges of violation of the Act on the Aggravated Punishment, the lower court convicted all of the facts charged as to D on February 27, 1976, and sentenced D three years of imprisonment and suspension of qualification and two years of suspension. (2) D was erroneous and unfair sentencing, and the prosecutor appealed from each of the grounds of unfair sentencing (Seoul High Court 76No695). On June 10, 1976, the lower court rejected the prosecutor’s allegation of mistake of facts and the prosecutor’s allegation of unfair sentencing regarding violation of the Emergency Decree No. 9, and the lower court acquitted D on charges of violation of the Act on the Aggravated Punishment, the lower court reversed the first instance judgment and sentenced D for two years of imprisonment and suspension of qualification and two years of suspension, and the said judgment (hereinafter referred to as the “instant judgment subject to retrial”) became final and conclusive as the waiver of the right to appeal.

3) After the above judgment became final and conclusive, D was released on March 31, 197 as suspension of sentence execution. B. In the Supreme Court en banc Order 2001Hu689 Decided April 18, 2013, the unconstitutionality of Emergency Decree No. 9, the Supreme Court en banc Order 2001Hu689 Decided April 18, 2013, the Supreme Court infringes on the fundamental rights of the people guaranteed by the Constitution by excessively restricting the freedom and rights of the people beyond the bounds of the purpose without meeting the triggering requirements. Thus, prior to the cancellation or invalidation of Emergency Decree No. 9, this is the former Constitution of the Republic of Korea (wholly amended by the Constitution No. 9 of October 27, 1980, hereinafter