A. (1) In light of the following: (a) North Korea revised North Korea’s constitutional provision on unification in the principle of independence, peaceful unification, and resolution of the national unity to realize the unification of the Republic of Korea; and (b) changes in the direction to voluntarily resolve the issue of unification on the basis of recognizing and respecting the differences between the two Koreas in ideology and system pursuant to the above constitutional provision; and (c) North Korea and North Korea joined the United Nations at the same time, North Korea lost its normative power based on the erroneous logic, which is no longer an anti-government organization, and which does not have any factual basis of the theory of the unification of armed conflict.

B. The expressive materials produced, distributed, or held by the Defendant do not constitute pro-enemy contents under Article 7(5) of the National Security Act, but cannot be deemed to have the purpose of pro-enemy acts against the Defendant

B. In light of the various sentencing conditions of the Prosecutor’s instant case, the lower court’s sentence against the Defendant (one year and three months of imprisonment, two years of suspended execution, etc.) is too unfluent and unreasonable.

2. Determination

A. According to the records on the Defendant’s argument regarding anti-government organizations in North Korea, the Republic of Korea and North Korea joined the United Nations simultaneously on September 17, 1991, the so-called Inter-Korean summit was adopted at the high level conference on December 13, 1991, and the South-North Korea agreements were made on June 15, 200 when the inter-Korean summit was held and the South-North Korea Joint Declaration was announced, and there was active exchanges and cooperation between the two Koreas, including the exercise of salary class for inter-Korean separated families. Such a series of development of inter-Korean relations has constitutional grounds to the extent that it is to establish and implement national goals of peaceful unification policies as indicated in the Preamble and Articles 4, 66(3), and 92 of the Constitution.

However, the fact that North Korea has joined the United Nations under the name of the Democratic People's Republic of Korea is a matter of course for other members who have joined the United Nations International Organization.