1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

1. Basic facts

A. B’s investigation into, and conviction against, B is the former Constitution of the Republic of Korea (wholly amended by Act No. 9 of Oct. 27, 1980) on October 27, 1978 (wholly amended by Act No. 9 of Oct. 27, 1980; hereinafter “new Constitution”).

) The Presidential Emergency Decree (amended by the Presidential Emergency Decree No. 9 on May 13, 1975) for the protection of national security and public order, which was issued on the basis of the Emergency Measure stipulated in Article 53, and released by the Presidential Notice No. 67 on December 7, 1979; hereinafter “Emergency Measure No. 9”.

(2) After November 23, 1978, B was detained due to the suspicion of the violation. Then, B was indicted with the charge that “B was a student attending the third grade of the Ethical mission education center for the Ethical mission as a student, as well as other students, proposed that the student demonstration against the current Constitution (rest Constitution) and publicly slandered subparagraph 9 of the Emergency Decree should be led on September 11, 1978, and discussed the method of demonstration by obtaining the same Article, and discussed the place, method, etc. of the demonstration at the same time on September 28, 1978 and discussed the place, method, etc. of the demonstration at the same time or on October 6, 1978.”

[Seoul District Court Young-gu Branch 79Dahap295, 79Kahap13 (Joint) 3] The above court found the above charges on February 24, 1979 based on the Emergency Measure No. 9 (7) and No. 1 (a) of Emergency Decree No. 9 of 24 February 24, 1979, sentenced B to imprisonment with prison labor for one year and suspension of qualification for one year. B appealed (Seoul High Court 79No433), but on May 31, 1979, the appeal was dismissed and the above judgment became final and conclusive (hereinafter referred to as the "instant judgment subject to a retrial").

4) B was released on July 17, 1979 from the suspension of execution of sentence, while serving in prison after being sentenced to the instant judgment subject to a retrial.

B. On November 22, 2013, B filed a petition for a new trial as to the instant judgment subject to a retrial with the Seoul Southern District Court 2013 Inventory20 on November 22, 2013.