[국가보안법위반][공2000.1.15.(98),241]
The meaning of "dual purpose" under Article 7 (5) of the National Security Act
The purpose of Article 7(5) of the National Security Act is not to make positive or conclusive perceptions about the acts under paragraph (1), (3), or (4) of this Article, and it can be satisfied with dolusent perceptions. Thus, it is recognized that the contents of the expressive material objectively reflects the aptitude of North Korea, such as pro-government organizations, publicity of North Korea, and inciting the activities, etc., which are anti-government organizations. Furthermore, if the expressive material contains such perceptions, such as acting in concert with the activities of publicity, inciting North Korea, which are anti-government organizations, and if the expressive material contains such perceptions, and if it is distributed, sold, acquired, or possessed, etc., the act is presumed to have been aware that the act would be a pro-enemy act, and therefore, it should be deemed that the above subjective element is an unlawful element unless it appears that there was no dual purpose, such as academic research, profit-making, and inciting, etc.
Article 7 (5) of the National Security Act
Supreme Court en banc Decision 90Do2033 Decided March 21, 1992 (Gong1992, 1466), Supreme Court Decision 95Do1035 Decided December 23, 1996 (Gong1997Sang, 559), Supreme Court Decision 96Do2606 Decided June 13, 1997 (Gong197Ha, 2093), Supreme Court Decision 97Do1386 Decided July 25, 1997 (Gong197Ha, 2775), Supreme Court Decision 96Do1327 Decided October 24, 197 (Gong197Ha, 3705)
Defendant 1 and one other
Defendants
Law Firm Sejin General Law Office, Attorneys Lee Byung-heon et al.
Seoul District Court Decision 94No5757 delivered on November 25, 1998
All appeals are dismissed.
The grounds of appeal are examined.
1. On the first ground for appeal
The court below held that each of the documents, "the main idea and doctrine of North Korea", "the view of North Korea as to March 1, 200," and "the Maritime War" in this case, contain active contents that may endanger the safety of the Republic of Korea and the free democracy system, so they exceeded the limit of the freedom of expression. In light of the evidence adopted by the court of first instance as maintained by the court below compared with records, the court below's determination is justifiable, and there is no error of law by misunderstanding the legal principles as to pro-enemy contents, as argued by the defense counsel. The ground of appeal
2. On the second ground for appeal
The purpose of Article 7(5) of the National Security Act is to recognize that the expression contains the aptitude of North Korea, such as the promotion of South and North Korea, and the conspiracy, etc., which is an anti-government organization, from an objective point of view, and furthermore, if there is a dolusent perception that such an act would be a dual act, the element of a crime is satisfied. In addition, if there is an objective perception of the expression that it would be an anti-government organization, and if there is an act of distributing, selling, acquiring, possessing, etc., any expressive material containing an anti-government organization, such as acting in concert with the activities of propaganda in South and North Korea, which is an anti-government organization, and if there is an act of distributing, selling, acquiring, or possessing it, it is presumed that the act would be a dual act, and therefore, it is deemed that there is an dolusent perception that the act would be an anti-government organization, and as such, materials presented only for the purpose of such act, such as academic research, profit-making trends, and inciting, it should be deemed that it is unlawful.
According to the reasoning of the judgment below, in light of the defendants' academic background, career, age, etc., the court below judged that the defendants knew that each of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of this case had objectively been aware that the activities, such as publicity and inciting North Korea, which is an anti-government organization, could benefit to the anti-government organization or the activities of the anti-government organization, and as long as they were produced and distributed, it is presumed that the defendants would be able to act as a dual act. Furthermore, in light of the records, the judgment of the court below is justified, and it is not erroneous in the misapprehension of legal principles as to the dual purpose under Article 7 (5) of the National Security Act, or in the violation of the rules of evidence, thereby failing to properly examine the relevant facts. This part of the grounds for appeal is without merit.
3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Jack-dam (Presiding Justice)