대통령긴급조치제9호위반
1. The defendant is innocent. 2. The summary of this judgment shall be notified publicly.
1. The prosecutor charged the Defendant under the Presidential Emergency Decree (Presidential Emergency Decree No. 9, May 13, 1975; Presidential Emergency Decree No. 9, hereinafter “Emergency Decree No. 9”) for the protection of national security and public order, and the Act and subordinate statutes applicable thereto, with the application of the Act and subordinate statutes applicable thereto, as stated in the attached Form No. 7, 2, 1(b), and (c).
2. Determination of the original judgment and the decision to commence a retrial
A. Busan District Court accepted a public prosecutor's prosecution and sentenced the defendant on November 6, 1978 on one year of imprisonment with prison labor and one year of suspension of qualification.
[In Busan District Court Decision 78Gohap540 delivered on November 6, 1978, hereinafter "the Judgment on Review") B.
Therefore, the Prosecutor appealed to the Daegu High Court 78No992, but the Daegu High Court sentenced the Prosecutor to dismiss the Prosecutor's appeal on March 31, 1979, and the judgment subject to a retrial became final and conclusive as it is.
C. On October 23, 2017, more than forty (40) years ago, a prosecutor filed a petition for a retrial on a judgment subject to a retrial with respect to the Defendant, and the Busan District Court accepted the petition and accepted the petition and rendered a ground for retrial under Article 420 subparag. 5 of the Criminal Procedure Act in the judgment subject to a retrial on February 20, 2019
(The Emergency Measure No. 9, which is the applicable law, was unconstitutional or invalid). This decision became final and conclusive as it is.
3. Determination
A. unconstitutionality (1) of Emergency Decree No. 9 of the Republic of Korea (hereinafter referred to as the “Emergency Decree”) should be respected for the Presidential decision on the national emergency power that is exercised to ensure the existence of the State by responding to any serious crisis that may not be dealt with by the means of exercising power in accordance with the constitutional order at ordinary times. However, such a national emergency power should be exercised within the minimum limit necessary to remove the direct cause of the crisis when the State is in a serious crisis. In this regard, it must conform to the requirements and limits for exercising the constitutional power that requires the national emergency power, and in this regard, the Constitution of the Republic of Korea on October 27, 1980.