First Attempt at Trial Based on the Original U.S. Senate Minutes

Preparatory Brief (Amendment) Case No. 2024Gadan5508421 Unjust Enrichment Plaintiffs: Oh Myung-geun and 39 others Defendant: Republic of Korea Regarding the above case, the plaintiffs' legal counsel clarifies that the falsity of the written testimony (dated April 7, 2026) by the defendant Minister of National Defense has been objectively established through the response to the Ministry of Foreign Affairs' inquiry and direct verification of the original minutes of the U.S. Senate. To reinforce the plaintiffs' claims, the counsel prepares the following arguments. The following 1. Summary of this Preparatory Brief A. The plaintiffs, through their preparatory brief dated April 18, 2026, and documentary evidence dated the same (Exhibit A-8-1, 8-2 — 3 pages of the summary of the U.S. Senate report dated August 20, 1970, and 115 pages of the congressional report, totaling 118 pages), have pointed out in detail that the written testimony dated April 7, 2026, submitted by the defendant Minister of National Defense Ahn Kyu-baek, is a false answer that directly contradicts the contents of the U.S. Senate report. B. Subsequently, the plaintiffs ① received official confirmation through the Ministry of Foreign Affairs’ response to the inquiry dated June 24, 2026, that the U.S. Congressional Record is an official U.S. government publication issued by the Government Publication Office (GPO) since 1873 and is available for anyone to view on the official website (www.congress.gov); and ② after directly accessing the aforementioned official website guided by the Ministry of Foreign Affairs, viewing and printing the U.S. Senate Record dated August 20, 1970, and comparing it with Exhibits 8-1 and 8-2 submitted as documentary evidence by the plaintiffs, they confirmed that the contents were completely identical. C. As a result, the authenticity of Exhibits 8-1 and 8-2 has been objectively established, and the falsity of the written testimony of the defendant Minister of National Defense, who answered to the effect that "it is impossible to confirm whether the relevant report is an officially existing document and it is difficult to confirm whether it is identical to the original," has been clearly revealed. Accordingly, the plaintiffs filed a criminal complaint against the defendant, the Minister of National Defense, on July 13, 2026; the circumstances and significance of this in the litigation are explained below. 2. Ministry of Foreign Affairs’ Response to Fact-Finding — Official Confirmation of the Official Document Status of the U.S. Congressional Record A. Circumstances and Content of the Response On June 24, 2026, the ROK-US Security Cooperation Division 1 of the North American Affairs Bureau of the Ministry of Foreign Affairs responded to the court’s request for fact-finding (dated April 30, 2026, issued in Seoul Central District Court Case No. 2023Gahap88505, a related case being handled by the plaintiffs), with the following gist (Exhibit 11-1). ① The Ministry of Foreign Affairs does not separately hold the original or a copy of the U.S. Congressional Record dated August 20, 1970; however, records by meeting date can be verified through a search on www.congress.gov, a website providing information on U.S. federal legislation. ② The Ministry of Foreign Affairs does not separately hold the original or a copy of the presidential report dated August 24, 1970, titled "Passage of the U.S. Senate Motion to Suspend Additional Allowances for Korean Troops in Vietnam (Report to the Ministry of Foreign Affairs)," but it is confirmed to be a document held by the Presidential Archives. ③ The Brown Memorandum is a publicly available document held by the Diplomatic Archives of the Ministry of Foreign Affairs; therefore, requests for viewing and verification of the document are possible through the Diplomatic Document Inquiry Request System (opendiplomaticarchives.mofa.go.kr). ④ The U.S. Congressional Record is a document recording the daily proceedings of the U.S. Senate, House of Representatives, and committees; it has been published by the Government Publication Office (GPO) since 1873, as confirmed at www.congress.gov. B. Litigational Significance of the Above Reply First, it has been officially confirmed by the Ministry of Foreign Affairs of the Republic of Korea that the Congressional Record, which serves as the basis for the U.S. Senate Congressional Reports (Exhibit 8-1 and 8-2) submitted by the plaintiffs, is not "information of unknown origin circulating in the general public," but rather an authorized publication of the U.S. federal government that has been officially issued by the U.S. Government Publication Office (GPO) for 153 years (1873–present). The records provided on the aforementioned website bear the official certification mark of the U.S. government, "Authenticated U.S. Government Information (GPO)." Second, it has been confirmed that the Ministry of Foreign Affairs report document dated Augus...