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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. The Plaintiff A is the wife of G who died on April 9, 1975, and the rest of the Plaintiffs are the children of G.
B. G’s detention and prosecution 1) On May 29, 1961, G was arrested and detained by a judicial police officer, etc. without the warrant of the court in accordance with Article 10 of the Mana Ordinance on Special Measures Concerning the Arrest, Confinement and Search when necessary for the implementation of the Revolution, and was detained for 169 days until the prosecution as described in paragraph (3) below.
2) The Act was enacted by Act No. 630 on June 21, 1961 on the Organization of the Revolution Court and the Prosecutor’s Office of the Revolution; and the Special Act on the Punishment of Special Crimes (hereinafter “Special Act”) by Act No. 633 on June 22, 1961.
Article 6 of the Special Act was enacted. According to Article 6 of the Special Act, a person who, while being in the major position of a political party or social organization, knowingly while being aware of the fact that he becomes an interest of anti-government organizations as provided in Article 1 of the National Security Act, commits an act to praise, encourage, aid, or carry out the purpose by other means, shall be punished by death or imprisonment for life or for not less than ten years, and according to the Addenda, “this Act shall apply retroactively to three years and six months from the date of its promulgation. 3) G is charged with violation of Article 6 of the Special Act with the Revolution Court established on November 14, 1961 in accordance with the Act on the Organization of the Revolution and the Prosecutor’s Office established under the Act on the Organization of the Public Prosecutor’s Office (hereinafter referred to as “A or IV charges,” and all of them together with the following charges (hereinafter referred to as “instant charges”).
The defendant is a major person who is involved in the overall operation of a social organization while working as the chairperson of the non-government-government Do Association, and is aware of the fact that it becomes an interest of an anti-government organization, which is an anti-government organization.