(b) Whether the Incheon Regional Democratic Workers Association (hereinafter referred to as the "Korea Labor Union") is a dual organization under Article 7 (3) of the National Security Act (affirmative)

C. Whether the establishment of pro-enemy contents under Article 7(5) of the National Security Act should have a pro-enemy purpose (negative)

B. Under the realistic awareness that the economy of the Republic of Korea is subordinate to the United States and that the political power is able to escape from the citizens of North Korea, such as workers and farmers, by constructing a socialist state through the socialist revolution, the unification ideology is to deal with the unification of Korea. The activities of the Incheon Regional Democratic Workers' Federation (hereinafter referred to as the "Madon Union") with organizations such as the central enforcement committee, district committee, division division, etc., established by the committee of the central committee, district committee, division, etc., are likely to endanger the existence and security of the Republic of Korea or to undermine the free democratic basic order. The activities of North Korea's promotional activities and the unification of North Korea, which constitute an anti-government organization, are in line with the North Korea's promotional activities and the North Korea's unification, which constitute an anti-government organization under Article 7 (3) of the National Security Act.

C. The crime of possessing pro-enemy contents under Article 7(5) of the National Security Act is established when a person recognizes and possesses the same fact, which objectively leads to an anti-government organization or its members, and the purpose of pro-enemy contents is not to be pro-enemy.

The forty-five days of detention days after the appeal shall be included in the original sentence.

An anti-government organization under the National Security Act refers to a group in Korea and abroad, the purpose of which is to sleep the government or to disrupt the State (Article 2(1) of the National Security Act), and North Korea is to force the territory of the Republic of Korea north of the present Military Demarcation Line to interfere with the exercise of sovereign power of the Republic of Korea, as well as to continue to engage in the f.25 acts, such as causing disturbance to the Republic of Korea, and continuously capture the collapse from the inside of the Republic of Korea by inciting the Republic of Korea. Thus, it constitutes an anti-government organization under the National Security Act.

Although the government establishes and promotes peaceful unification policies based on the fundamental order of free democracy, it does not affect the above conclusion, and thus, North Korea is not an anti-government organization under the National Security Act cannot be accepted.

The grounds of appeal No. 2 are examined.

The court below recognized the Democratic Workers' Federation of Incheon as follows based on evidence duly investigated and adopted. In other words, human labor has been governed by the U.S. political economy in Korea, and political power has been de facto in reliance on the market capital and has been engaged in duplicating and tension politics, such as workers, farmers, urban residents, inventive experts, etc. in the first step, jointly and severally among the public, such as workers, farmers, urban residents, inventive experts, etc. at the first step, in order to avoid harming the public and harming them, the court below set up anti-domination, anti-domination, and anti-waveic shock's class strike, first of all, and set up a civil democratic regime by promoting the public revolution through all means, such as the law, non-conforming law, etc., and ultimately dealt with the unification of the socialist state, which is ultimately constructed by the socialist state, which should be owned by the production means of society in the second step.

In order to establish such anti-governments, anti-governments, and anti-state democratic revolutions and a political power by entering the labor site centered on the Incheon region, raising the so-called scientific socialist thought based on Madististististism to workers and integrating workers, and on the other hand, establishing a political party for workers who are capable of coping with the revolution's capability on the other hand, while putting the surface strike representing the interests of workers on the basis of a legitimate public party.

The specific project is an organization that has an organization such as the board of representatives, the central committee, the central committee, the central committee, the district committee, the chapter, the general secretary, the bureau, and the organizational bureau, etc. for the purpose of supporting the socialism education for workers through the publication of political newspapers, the expansion of individual culture learning, the movement and activities of labor unions being punished at the present national level.

However, the above-mentioned reality recognition, unification ideology, purpose, business and organization's human training activities may endanger the existence and security of the Republic of Korea or endanger the liberal democratic fundamental order, and not only reflects, anti-frequencys, anti-frequencys, and democratization movements which properly combine various types of struggles, such as violence, non-conformity with the law, etc., but also build the socialist state independently in South Korea by completing the democratization revolution, and address North Korea's propaganda instigate activities and unification, which are anti-government organizations.

Therefore, human labor union constitutes a dual organization under Article 7 (3) of the National Security Act. There is no reason to discuss.

The grounds of appeal No. 3 are examined.

The crime of possessing pro-enemy contents under Article 7 (5) of the National Security Act is established when a person recognizes and possesses the same fact, which objectively leads to an anti-government organization or a member thereof, and the purpose of pro-enemy contents is not to be pro-enemy.

Under such recognition, the court below's decision that held pro-enemy pro-enemy materials of this case with the intention to possess pro-enemy materials of this case is just and not justified.

Therefore, the appeal shall be dismissed and part of the days of detention after the appeal shall be included in the principal sentence in accordance with Article 24 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. It is so decided as per Disposition by

Justices Lee Woo-soo (Presiding Justice)