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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. As to the Defendants’ grounds of appeal, North Korea is a partner of dialogue and cooperation for the peaceful unification of South and North Korea, but on the other hand, despite the changes in the relationship between South and North Korea, North Korea still has the nature of an anti-government organization that is bound to adopt the system of our liberal democracy while maintaining the routes of harmony and unification, and therefore, the normative power of the National Security Act that regulates anti-government organizations is still valid.
(See Supreme Court en banc Decision 2010Do1189 Decided July 23, 2010). Therefore, the lower court’s judgment to the same effect is justifiable. In so doing, it did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by exceeding the bounds of the principle of free evaluation of evidence against anti-government organizations
With respect to the assertion regarding the activity of an anti-government organization, etc., "an act of coordination" as referred to in the so-called "an act of coordination with an anti-government organization, etc." as referred to in Article 7 (1) of the National Security Act refers to an act of asserting or complying with the act of an anti-government organization, etc. in the same manner as the propaganda instigate or activities of an anti-government
In addition, the interpretation principle that the National Security Act should be applied restricted to cases where there is an obvious risk of substantial harm to the security of the nation or democratic fundamental order, is also applied to the crime of acting in concert with activities of anti-government organizations.
Therefore, the act of assistance prohibited by Article 7 (1) of the National Security Act should reach the extent of actively expressing his/her intent to respond to the activities of anti-government organizations to the extent that it is evaluated as being praiseing, encouraging, and promoting the activities of anti-government organizations.