1. As to the Defendant’s ground of appeal

A. As to the unconstitutionality of the National Security Act, North Korea’s anti-government organization, and the dual nature of North Korea’s headquarters (hereinafter “B”) upon the development of inter-Korean relations, it shows an obvious change that North Korea does not pose a threat to our free democracy system, and thus, unless the law is revised, the National Security Act’s purpose of securing national security and security, survival and freedom of citizens, by regulating anti-state activities that endanger the national security, cannot be deemed to have violated the Constitution or lost its normative power. Furthermore, the provision of the National Security Act can be reasonably interpreted in light of the purpose of the law, and thus, the concept of the constituent elements of each crime under the National Security Act is ambiguous and broad, and thus, cannot be deemed to violate the fundamental substance of the principle of no punishment without law

The freedom of conscience, freedom of press publication, etc. are fundamental rights guaranteed by the Constitution of the Republic of Korea, but there is no restriction, and if necessary for the national security, maintenance of order, or public welfare pursuant to Article 37(2) of the Constitution, it may be restricted to the extent that it does not infringe on the essential contents of the freedom and rights.

Since the legislative purpose and application of the National Security Act can be limited to the extent that it does not infringe on the essential contents of freedom and rights, the National Security Act shall not be deemed to violate the Constitution.

Although North Korea is a partner of dialogue and cooperation for the peaceful unification of South and North Korea, on the other hand, despite the changes in the relationship between South and North Korea, North Korea still has the character of anti-government organization which is taking the responsibility to overcome our liberal democracy system, and therefore, anti-government organization.