1. The Defendant’s disposition of sanction against the Plaintiff on December 23, 2013 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

1. A, who was a public official of the Seoul Metropolitan Government, was indicted for violating the National Security Act (espionage, special intrusion, escape, diving, escape, meeting, correspondence, etc.), violation of the Act on the Protection and Settlement Support of Residents escaping from North Korea on August 22, 2013, but was acquitted on the part of violation of the National Security Act on August 22, 2013, and was sentenced to one year of imprisonment and two years of suspended execution for the remaining crimes

(Seoul Central District Court 2013Gohap186, Seoul High Court 2013No2728, and as of the closing date of the instant argument, the Plaintiff is still pending in the final appeal as of the date of the closure of the pleadings). From B 22:25 to B 23:50 on the same day, the Plaintiff broadcasted “C (D)” with the main content of the part which was rendered a verdict of innocence among the judgment of the first instance

(hereinafter referred to as “the instant broadcast”). The content of the instant broadcast is as shown in attached Form 1.

On December 23, 2013, the Defendant imposed a warning measure on the ground that the instant broadcast violates Articles 9(2) and 11 of the Regulations on Deliberation on Broadcasting (hereinafter “Deliberation Regulations”).

(hereinafter “instant disposition”). The Plaintiff dissatisfied with the instant disposition and filed a petition for retrial with the Defendant, but was dismissed on March 24, 2014.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 3

2. Attached Form 2 of the relevant Acts and subordinate statutes shall be as follows;

3. Determination

(a) All nationals guaranteeing the freedom of broadcasting include the freedom of speech and press and the freedom of assembly and association (Article 21(1) of the Constitution), and the freedom of speech and press guaranteed by the Constitution.

The freedom of broadcasting is that the existence and activities of broadcasting entities, such as the programming and operation of broadcasting, are independent of interference with state power, and in detail, it is free that broadcasting business entities do not interfere with planning, programming or producing broadcast programs, and that broadcasting business entities do not interfere with the process of transmitting broadcast programs to the public.