The defendant is KRW 30,00,000 for the plaintiff A, and KRW 19,649,170 for the plaintiff himself/herself and the deceased, and the plaintiff's net.

Basic Facts

On March 24, 2020, the final judgment was born on the G date and died on March 24, 2020 when the instant lawsuit was pending.

On November 12, 1986, the deceased (hereinafter referred to as "the deceased") was forced by an investigator of the Army Security Unit in the Army, and was transferred to the National Assembly of Chungcheongnam-nam Police on November 14, 1986 and was executed on November 17, 1986 after a warrant of detention was issued and executed.

Article 7(1)7 of the former National Security Act (amended by Act No. 4373 of May 31, 1991; hereinafter the same shall apply) ① (1) A person who emblings, encouragess, or encouragess activities of a anti-state organization, members of the anti-state organization, or those who, in any other way, or those who, in any other way, commit an anti-state organization to the anti-state organization by listening to North Korea’s propaganda broadcasts from February 10, 1986 to early December 12, 1984, by spreading the contents thereof to H, I, and J, or by acting in concert with their propaganda activities, thereby harming it. (1) A person shall be punished by imprisonment for not more than seven years.

A public prosecution was instituted on three occasions that the violation of B was committed.

In the above case, it was argued to the effect that the deceased’s listening to North Korea’s broadcasting did not have any awareness that he disseminated or she did not harm the contents to the H, etc., and that he did not have any such knowledge, the above court, on March 18, 1987, acknowledged the deceased as guilty of all the facts charged and sentenced one year and suspension of qualification for one year based on the legal statement of the deceased’s partial statement, confession at the prosecution stage, confession at the prosecution stage, the testimony of the witness H and I, and the statement of investigative agency, etc.

On July 10, 1987, the deceased and the prosecutor appealed from Daejeon District Court No. 87No. 385. The above court rejected the deceased’s assertion of mistake and the prosecutor’s improper assertion of sentencing, accepted only the deceased’s wrongful assertion of sentencing, and reversed the judgment of the court below, and sentenced 2 years of suspension of execution and suspension of qualification for 1 year of imprisonment and 1 year of suspension of qualification.