[국가보안법위반][공1992.3.15.(916),959]
The meaning of "an anti-government organization" under Article 3 (1) of the former National Security Act
An anti-government organization under Article 3 (1) of the former National Security Act refers to an organization which is continuously or temporarily combined with two or more specific persons in Korea and abroad with the purpose of representing the government or impairing the State, and the revised National Security Act does not limit it to an organization equipped with the command command system as a requirement of an anti-government organization.
Article 3 (1) of the former National Security Act (amended by Act No. 4373 of May 31, 1991)
[Plaintiff-Appellant-Appellee] Plaintiff 1 and 2 others (Law Firm Gyeong, Attorneys Park Dong-young et al., Counsel for plaintiff-appellant-appellant-appellee)
A
Defendant
Seoul High Court Decision 91No2954 delivered on September 27, 1991
The appeal is dismissed.
The number of days under detention after an appeal shall be included in the calculation of the original sentence.
We examine the grounds of appeal.
Article 3(1) of the former National Security Act (amended by Act No. 4373 of May 31, 1991) provides that in applying penal provisions to acts before the enforcement of the same Act, Article 4373 of the same Act provides that the previous provision shall apply to this case which was prosecuted as facts constituting an anti-government organization prior to the amendment of the National Security Act, and the amended National Security Act shall not apply to this case. The above anti-government organization under Article 3(1) of the former National Security Act refers to two or more foreign and foreign persons who join the government or disrupt the State, and it refers to the continuous or temporary combination of specific persons (see Supreme Court Decisions 82Do2016, Sep. 28, 1982; 91Do2396, Dec. 24, 1991).
According to the reasoning of the judgment of the court below, the court below, based on the evidence of the first instance court and the employment evidence of the court below, found that the head of the first instance court at the time of the second instance to be the principal idea of North Korea is right and wrong, based on the strong order and guidance route of the Korean National Democratic Electric Complex (Korean Civil Code), which is an organization for the unification of the Republic of Korea, and that the current government is not presented by the Constitution, and that the head of the court below determined that the head of the second instance court, as an organization for the purpose of unification of South and North Korea, established the national sovereignty with the power of the Republic of Korea, and that the head of the second instance court recognized the facts of violation of the National Security Act as an organization for the purpose of forming the "Seoul National Security Act" and the "Seoul Local Government Association" and the "Korea National Security Act" as an organization for which the head of the above organization is to be in charge of the organization under its jurisdiction, and that the head of the above government-government organization and the government-government organization were not authorized to publish the government-government team and the government-government team.
All arguments are without merit.
Therefore, the appeal shall be dismissed and 50 days of detention days after the appeal shall be included in the original sentence. It is so decided as per Disposition by the assent of all participating Justices.
Justices Choi Jae-ho (Presiding Justice)