The case holding that Article 7 (1), (3), and (5) of the National Security Act is unconstitutional;

Article 7 (1), (3), and (5) of the National Security Act are suspected to be inconsistent with the principle of no punishment without the law and the superior guarantee of freedom of expression under the Constitution, and the prohibition of essential infringement of fundamental rights.

Article 7(1), (3), and (5) of the National Security Act; Article 12(1), 21, and 37(2) of the Constitution of the Republic of Korea

Defendant

Attorneys Shin Jae-in et al.

With respect to the above case, an adjudication on the unconstitutionality of Article 7(1), (3), and (5) of the National Security Act shall be requested.

Article 7 (1), (3), and (5) of the National Security Act, which is the premise for the judgment of the above case, is doubtful as to whether it is unconstitutional as the reasons indicated in the attached Form.

【Separate Notice】

1. Case summary

On November 12, 1994, the defendant was prosecuted to the Busan District Court for a violation of the National Security Act (the above court 94Da1325 case) on November 12, 199 and pending trial (the summary of the facts charged is as follows.

The facts charged: The defendant graduated from the sexual influenite in Busan on February 1987, and entered the position of the head of the Dong-gun's labor union around March 1988, and was the head of the Dong-gun's labor union, and the head of the Dong-gun's labor union is the head of the Dong-gun's labor union, and in the process of searching for the social science books, such as "the philosophy of the person who participates in the various fluence meetings and the fluences" under the supervision of the Dong-gun's labor union, the Korean society was distorted due to the distorted economic development, which led to the distorted economic development, that the worker's rank should be constructed by a genuine socialist state that overcomes such contradiction and confrontation and realizes the harmful order of workers' rank.

(1) On June 193, at the 1993 Sc. Sc. Sc. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S......... S..... S. S. S. S.

―우리의 전통은 마르크스, 엥겔스, 레닌, 룩셈부르크, 트로츠키, 그람시

우리는 마르크스, 엥겔스, 레닌의 국제사회주의 사상을 트로츠키, 그람시가 옹호하여 더욱 발전시켰다고 믿는 마르크스, 레닌주의자다.

-socialism from the following, not from the socialism;

Our Revolution Madices advocates the interests of workers' ranks and support the fight against workers' ranks.

We think it is the only social force to support the socialist society that workers make decisions on the economy, politics, and social life, and to liquidate the socialist society and create socialism as the workers' ranks end up at the night.

No socialism may exist unless he/she exercises his/her control over society.

-the revolutions, not the reform;

We think that since the current system can not change through the reform, we should reverse the current system only through the violence revolution and rank revolution.

-the subject of the revolutions is not citizens but workers;

Since only the collective action of workers can be boomed with the capital-based economy and display political power accordingly, we grow as a political force to guide the revolution only by workers.

Rawls's Republic of Korea is a excessive system in which capital class, which is a extreme stimulated and written against the stimulism of class, and thus, it is a society with no rank, and therefore, it is a excessive system that is going to a society without exploitation and suppression.

-the title of the revolutions is the country of Hauia;

South Korea is created jointly to control the anti-state and anti-capital strike in South Korea in order to secure a power impulse to block the anti-stateism and anti-stateism in South Korea.

The revolutions listed in South Korea is not the national revolution but the socialist and labor revolution.

- Revolutional political party;

노동자계급의 가장 선진적인 부분을 전위로 조직한 혁명적 사회주의 정당이 있을 때에만 노동자운동이 자본가국가를 철저하게 부숴버리고 노동자국가를 세울 수 있다.

현재의 임무는 마르크스, 엥겔스, 레닌, 룩셈부르크, 트로츠키, 그람시의 공산주의 사상과 전통을 체제에 도전하는 투사와 활동가들에게 전파하는 데 있다. 사상과 투쟁의 이러한 결합으로부터 혁명적 노동자당이 건설될 수 있다.

-rank-scracked trade union movement;

In order to reverse the capitalism system, it is necessary to carry out the campaign of ordinary members who are wird for the benefit of workers without being distorted as required by the capitalism system, independently from the guidance division of a unit trade union or more.

-policys of the Government of Workers;

A worker's council and a civilian's disease's council are to declare nationalization of all land on the first day of the establishment of the first day and to encourage and encourage the concentration of agriculture on the first day.

In addition, it will begin with nationalization of key industrial enterprises and waiting industrial enterprises, and promptly move into nationalization of all small and medium enterprises.

A new worker's government will immediately start a new case on the Twitter Day.

-internationalism, not nationalism;

The ultimate goal of international socialists is to unify all the peoples in socialism.

Since there is no assistance country to the international socialists of South Korea, South and North Korea do not support both South and North Korea's control ranks and their countries.

We are not the national defense but the head of a rank.

The summary of the Code

-members shall pay every month the membership fees of twenty thousand won;

-be careful to the security, such as the use of guard name at the same time;

-documents published by the organization shall thoroughly study;

For the organizational system:

-general assembly, central executive committee, central control committee, editing department, industrial bureau, secretariat, educational bureau, etc. with the central organization;

-be composed of regional organizations with branches in five regions across the country, such as arable areas, Yong-Nam areas, mid-west areas, etc., with chapters, chapters, members of the branch, deliberation staff, etc;

The Command System shall:

-to give instructions from the center to the chairperson of each district on the basis of the principles, to conduct education for branch groups on a regular basis by those of the central coordination staff, and to use voice books as much as possible among those of the coordination staff;

등으로 국제사회주의자들그룹은 마르크스, 엥겔스, 레닌, 트로츠키로 이어지는 영구 혁명론에 입각하여 아래로부터의 사회주의혁명인 노동자계급혁명을 지도할 혁명적 노동자당을 건설하고 남한 자본주의체제를 노동자계급의 폭력혁명으로 전복하여 노동자계급이 주인이 되는 노동자국가를 건설하는 한편 이를 국외로 확산시켜 국제사회주의혁명을 달성하는 것을 궁극적 목적으로 하는 단체인 정을 알게 되었음에도 동년 7.경 부산에서 국제사회주의자들그룹 조직원인 공소외 1 등에게 "노동자들은 국가를 상대로 투쟁을 하여야 하는데 단지 자기 사업장에서 해고수당 요구투쟁 정도밖에 하지 않는다. 따라서 진정으로 노동자계급이 해방되기 위해서는 혁명정당의 지도자가 필요하며 혁명정당 건설을 당면임무로 제시하고 있는 국제사회주의자들그룹에서 활동할 것을 결정하였다"고 하면서 위 단체에 가입하여 활동하겠다는 의사를 밝히고 승훈, 봇대, 혜진 등의 가명을 사용하면서 '노동자연대'신문 정기구독자를 담당하고 동년 8. 21. 동아대학교 공대 강의실에서 개최된 동그룹 학습토론회에 참석하여 당과 계급에 대하여 토론을 하고 동년 9. 4. 같은 장소에서 개최된 동그룹 학습토론회에 참석하여 혁명적 신문과 북한국가자본주의에 대하여 토론을 하고 동월 25. 같은 장소에서 개최된 동그룹 학습토론회에 참석하여 아나키즘에 대하여 토론을 하고 동년 10. 2. 부산 남구 대연동 소재 경성대학교 법대 강의실에서 개최된 동그룹 학습토론회에 참석하여 볼셰비키와 러시아혁명에 대하여 토론을 하고 동월 9. 동아대학교 공대 강의실에서 개최된 동그룹 학습토론회에 참석하여 영구혁명 및 평가와 전망에 대하여 토론을 하고 '노동자연대'신문 94년 8월호에 '내가 살아온 길'이라는 기사를 쓰는 등으로 국가의 존립·안전이나 자유민주적 기본질서를 위태롭게 한다는 정을 알면서 국가변란을 선전·선동하는 행위를 목적으로 하는 단체인 소위 국제사회주의자들그룹에 가입하고,

(2) As an anti-government organization unlawfully organized for the purpose of joining the government and disturbing the nation, the North Korean public-private partnership organization asserts the legality of historical development and the rupture of war for rank based on the anti-legal theory based on Earcss and lerainism, and establishes a democratic unification as its basic goal, and all people leave the Republic of Korea as a new-private partnership with the strong point of the U.S. Stateism. As such, all people leave the Republic of Korea. As such, the South-North Korean public relations that the North Korean public-private partnership organization should lead to the rupture of the U.S. Stateism and the shock regime on the basis of the unification plan of the U.S. government, while constantly encouraging the abolition of the National Security Act, etc. on the basis of the unification plan of the U.S. system, and the international socialist groups are aware of the fact that they instigate and instigate the national defense as in the preceding paragraph.

A. On April 28, 1994, the attending the “Preparation Debate for Labor Section” held in the presence of Non-Indicted 1, a general book of the Youngnam Assembly, which is a book for the “five and one labor division” in the official lecture of the East Asia University.

-states of the control rank armed with the violent police are not subject to strengthening their competitiveness, but subject to pass away. Kim Young-young's regime must live at the end;

-the power of the political groups that cooperate with the labor-management co-operation power and the Kim Young-ri regime, the tradition of the democratic labor coordination movement that is independent from the state and capital, and the unification of the collective labor coordination group against the Kim Young-ri regime in order to be able to carry out the collective anti-class strike for the power of the political group, the head of the political party must be bound by the labor-management co-operation power and the labor-management co-operation power;

-flaging the Gim Young regime, which begins from the strike for strike at a unit place of business; the workers' rank joint and several classes of electric wires are not concentrated on the time of the strike at the unit of work, but on the preemptive action in which the parts of the union's sense are good;

- who should no matter what contains the content of such terms - ‘the neglect of wage suppression’ and ‘the neglect of wage suppression’; and

-the strengthening of national competitiveness, which is the national goal of the Gimyoung Government in 94, shows that it has not been even passed through the strengthening of the national suppression on workers' ranks and labor movement;

-the strengthening of national competitiveness is to strengthen the exploitation and suppression of workers' ranks in the name of ‘state', ‘national' and ‘national' as a direct expression of force competition between countries, which is the logic of the capitalism system, as well as the name of ‘state', ‘state' and ‘national' and ‘national', if they are faced with ‘the strengthening of national competitiveness', not ‘state' but ‘state' and ‘national', respectively;

-the Kim Young-young has mobilized public opinion and law to suppress these actions. Therefore, for the benefit of workers' rank, not only public opinion is neglected but also labor movement and the law itself is a means of suppression. The public opinion and the law itself are the means of suppression. It can not be said that proper fighting is not already known through the experience of the strike, and that it is not possible to observe the law that awareness of public opinion and continues to open in good faith while carrying out “the strengthening of the national competitiveness.” The public opinion is the form of force, and is illegal on the ground.

'the strengthening of national competitiveness' which contains the contents of such terms 'the strengthening of national competitiveness' and

-domination of media that have been in the capital-based society is the monopoly of a small number of classes. According to Maknx, according to Maknx, the term "in the first half of the control rank that controls the worker's class at the time of day" is inevitable as a result of these monopolys;

-the assembly and demonstration is an important means for workers to spread and organize not only their own expression of intent, but also their own strike; workers grow awareness in the course of collective strike;

-socialist persons should intervene themselves in the strike of workers in order to build the revolution party, and organize the strike in the street;

-the removal of the Assembly and Demonstration Act is possible only through an assembly and demonstration; that is, only when the collective strike of the worker's rank is combined with that of the socialist, the "collective violence of the worker's rank" will be allowed at the same time;

-recogn't speak at the 1.th stage of the inspection until the date of the inspection; 2. refusal to write down the protocol; 3. refusal to write down the signature and seal on the protocol;

purchase of one copy of a "competence and detention at an assembly" containing the contents of the articles, and read it;

B. On August 21, 1994, the group learning debate held in the Dong University's official lecture room was attended, and was learning from Nonindicted 2, a central member of the Dong University as a subject of political party and rank, and was issued in the name of the above Nonindicted 1 and Nonindicted 3 from the above group.

-North Korea is a part of our movement; the North Korean son may not be destroyed by the pressure of the ruler. The North Korean son is assessed and verified in the worker movement, and it should not be said that it goes bankrupt due to a fluorship of the ruler;

-political alternatives that can organize the unity of true solidarity and of the entire rank through the strike of "the treatment period" and "the gold-free term" - if the need of aggressive socialist organization- can be raised effectively, this strike will take full advantage of our convenience;

-glag is using a large amount of the tax from walking with this worker's test to expand social infrastructure for inorganic purchase and profit system; on the other hand, in order to improve the welfare of workers, the rate is not used as much as possible;

-the teaching materials and contents of the lectures of the national ordinary crypists reach the extreme masp of the government by placing them to the inquiry team of the judiciary; it should not be ensured that the ordinary crypists are justified. The entire cryp of our part must support the ‘official subrogation for the protection of the freedom of expression and literature' in order to defend the ordinary crypists at present;

―김영삼 정권은 오로지 경찰복 입은 인간에게만 해당되는 권리, 사람들을 마구 잡아들일 권리, 잡아들인 사람들을 마구 팰 권리, 패고 나서 안 팼다고 말할 권리를 뜻하는 모양이다.

purchase of one copy of the “Labor Joint Labor Union” containing the content of the “Labor Joint Labor Union,” and read it;

C. On September 1, 1994, from the above non-indicted 1 at the Busan National University, New Students' Center, Economic, Social, and Research Council located in Geum-dong, Busan National University on September 1, 199

-the relationship between aggressive leaders and newspapers is an unique feature that is found only to the revolutions that have an interest in the political organization of the strike against workers;

-the importance of the newspaper is the objective of pursuing public support for the revolution;

-in the event that the revolutions do not find a method of establishing the experience and relationship between the people who are not politically in the ordinary course of time, they cannot take place in the struggle of ideas with the dominion rank. It is necessary for the revolutions to show that they are much more appropriate than the ideology of the dominion rank;

-satising the success of the Revolution, he or she should always find ways to connect the principles and experience and the subject with him or her, and such means are newspapers. Revolution newspapers are absolutely necessary. This is because Revolution newspapers are institutions linking the principles and experience and the subject and are institutions leading to the gap between theories and practices;

-examination is a collective propaganda and a collective instigate; and also, the examination is a collective organization;

-dissatisical examinations will enable members of the suppression rank to express their principles through language used to express their thoughts;

-be able to prepare revolutions only through an organization in the non-legal form, through a non-legal examination, open to the general public of the society's revolutions;

- When the aggressive newspaper results in the success in the Revolution rise period, the newspaper must not only state clearly what aggressive thoughts should be argued and what is, but also express the productive experiences of workers;

-the examination of the aggression is in a situation in which aggressive socialist ideas are constantly attacked from all wires, so that it is essential to defend aggressive socialist ideas; one of the main tasks that the examination of the aggression should be conducted should be accompanied by one of its supporters ideologically;

-the newspaper was a theoretical analysis of all aspects of the war for rank, underground activity at the risk of arrest, seeking to build a non-legal organization at the risk of danger of arrest, and linking workers who instigate on wages and food distribution in the factory;

On the 4th of the same month, the group learning discussions held in the Dong University's official lecture room are present at the same group learning debate, and discussions are discussed about the above ‘aggressive newspaper' and the North Korean national capitalism;

D. On October 9, 1994, the group learning discussions held in the lecture room of the Dong-dong University at Dong-dong University at Dong-dong University at the National Assembly, and the foregoing non-indicted 1, after lectures and discussions, concerning the permanent revolutions and prospects for the assessment and prospects for male assistants who have been lowered from the central organization of Seoul.

-the Gim Young-young Government has not been trusted as well as labor ranks;

-the Gim Young tried to see the crisis of his own rank by reducing the standard of living of his labor rank; workers did not accept this properly and resisted;

-workers were dissatisfy in the field of military warfare, but they were politically satisfy in terms of the vulnerability of the Kim Young-ri government and the unsatisfy ability of the Kim Young-ri government through this strike, and raising the issue of total-grade response rather than sector response;

-us must build an active organization. The strengthening of the centralizedism is to strengthen the primary examination and to ensure the stable and stable period of the examination after the examination is reduced is a matter with the activation in the current construction. We must not only be the author and seller of the newspaper but also all financial, technical, material support and support;

-Korea also objects to Sslinism, but also objects to liberalism; liberalism in the organizational opposed to all authorities interferes with the construction of leinism organizational structure; leinism structure and direction-setting of leinism must be based on slinism and with the centralizedism that has strong regulations on the basis of slinism and on our understanding;

-in all activities and daily life, it should be cut off to a socialist with amateurs and prone. Moreover, in an unlawful situation, it is more urgent. The Sheplate has 17% vocational revolution, and us should also be this degree. To do so, it is necessary to make the finance more secured and to reflect all hours in the revolution activities;

―끊임없는 외향적 활동 속에서만 단련되고 훈련된 사회주의자가 될 수 있다.

purchase of one copy of the X-ray Resolution to strengthen the Central Concentration, which contains the content of such a clause, and read it;

(e) was published by the next publication company at the next social science library in front of the Busan National University on December 12, 1991.

- At the time of the piracy, the U.S. policy groups were faced with perfect anti-publicism, and all things were found to be solely through the coloring of anti-publicism. The extreme anti-public prejudice was caused by the U.S. military government to create unnecessary hostile ties against purely the national independence and democratic reform of the society;

-in order to protect the king from the crisis of the National Soil Group and search for a war-sponsive sovereignty of the ethnic group, we oppose the United Nations Conference Conference on Maritime Affairs and Fisheries (hereinafter referred to as the "National Assembly") that led to the impreging of the fluent sovereignty of the Korean people among the Korean people, and implementing the dividing intrusion plan of Joseon. The government transferred its power to the People's Committee, confiscated the prop's land, and demands the farmers to divide it into the Republic of Korea and the Democratic People's Republic of Joseon to confiscate it;

-in June 25, 1950, the inter-Korean War was far more than 38 lines from June 25, 1950, and the large-scale collisions between the South and North Korean armed forces were constantly occurring. Therefore, it is clear that both the South and North Korea have led the belligeries, and that both the South and North Korea have not considered 38 lines as general border lines;

-in the practical combat action, North Korea seems to have failed. The reason is because South Korea, while placing most of the military units in the area of 38 lines, North Korea is 38 lines only with an armed police force with no resistant insignia left as a reserve.

-in the sixth twenty-five war, there were extreme confusions, such as irregularitiess and frauds committed by the so-called national defense group in South Korea, which caused the death of a person, and the conduct of a war, in the name of the non-execution of the war;

-On the other hand, North leaders of North Korea have been written to guarantee food production more effectively by appealing to the strong mind of the nation and the strong will by farmers facing dangerous situations without any precedent;

-to protect the understanding of the United States on the passive point of view, the United States Armed Forces is taking full-time duties to actively promote socialism and national and anti-national piracy movement forces without complying with the American understanding of this area;

‘Korean Ambassador 1' written in various respects including the content of such

-the fact that the first day of the first day of the establishment of the single government, which led to the first day of the U.S. and the second day of the first day of the first day of the first day of the first day of the first day of the People's Republic of Korea, and that the first day of the first day of the first day of the first day of the first day of the first day of the first day of the first day of the first day of the first day of the first day of the second half of the year of the second half of the year of the year of the first day of the year of the

-the U.S.A., one of the most well known groups centering solely on the son and the person was aware of the fact that the U.S. was dissatisfed solely by the arbitrarious desire;

-North Korea was able to complete socialism-based remodeling with the voluntary participation of the people without accompanying any particular demand such as the liquidation of food heritage and the recovery of war damage. At the 1950s, North Korea's socialistization was the only case among the countries that experienced food support in the 1950s, and as a result, North Korea became the 3 world leader in socialism development as in the 1946 People's Democratic Reformist Reform.

-that North Korea has very low technology accumulated historically due to the deprivation of the food index through a long-term period of time, all of which was destroyed due to its war, and that could have achieved rapid economic growth in the state of lack of satisfactory assistance from foreign countries can entirely be said to be the result by the creativity of outstanding heat and special milk among the people. To resolve all things by the power of the people of its country, this was a fundamental element that makes it possible to realize self-reliance and construct a self-reliance economy;

-the North Korea's pursuit of the construction of self-reliance economy can be said to be from the moment of the year 1945. However, the commencement of the so-called astronomicalma movement has become the beginning of the so-called astronomicalma movement;

-the chronma, at a strong speed, was the string of the front door, that makes it possible to go up with the country of happiness, and was a symbol of rapid socialism construction. The People's Republic of North Korea, who committed a worker, was responding to the appeal of leaders, and began with collective competition toward technological innovation and production growth between the working groups, factories, workplaces, and farms;

-the authority of Kim Il-il between North Koreans after the end of the Korean War has become absolute in nature. Kim Il- Il is a field ero of the anti-Japanese war, which has resolved the long-standing lodgings of farmers through land reform, and has emerged as a outstanding leader who has sought a country from the crisis of absolute invasion, which is an absolute invasion of the U.S., and led to a strong death of North Koreans.

-the principal idea is to creatively adapt to the general principles of lussism and rasism in a specific reality in carrying out revolutions and construction, and to accurately and fully recognize our history, real situation, our capacity, tradition, demand, and awareness of our people;

-the formation of the principal idea may be deemed to have started from the doctrine that the principal idea should be solved by his own force in accordance with his own circumstances; however, the principal idea so starting has come to obtain a more universal foundation in the process of practical verification;

-the U.S. government has allowed Park administration to spread the morale of inter-Korean dialogue by leading it to the deceptive inter-Korean dialogue. The attitude and intention of the Park Jong-hee regime in South Korea that takes part in the negotiations between South and North Korea can be more deceptive and congested. At that time, Park Jong-Un tried to resolve the crisis in the serious womb in the inside and outside of Korea through the strengthening of the rapid shock shock system, and tried to use the unification negotiations between South and North Korea for this purpose;

The Korean Ambassador 2, each of which contains the content of the "Korean Ambassador 2", shall be purchased at each one, and shall be kept in the place of 439 of the 297-dong, Simpo-dong, Busan by October 15, 1994, and shall be read.

(f) The light publishing company published by the daily newspaper at the treatment-based office in the position of treatment-based working force located in the Gyeongnam-gun, Yangnam-gun on January 191.

-the fact that the capital leaves a profit means immediately the deduction of the value created through the worker's labor from the capital to the capital. The production process of the capitalism is the process of taking the worker, and the production takes place only when the capital takes the worker;

-in addition, the advancement of human beings whose production is continuing and whose production capacity is high while the science and technology develops also is hostile to workers; the increase of production capacity results in the increase of relative surplus value, thereby strengthening the exploitation of workers;

-that many trade unions are staying in the reformism, this will turn on by means of the schemes of capitalists; because the strike against the pre-workers in the improvementism perspective is not an issue about the de facto capitalism itself and does not threaten the exploitation of capital;

-the position of the true worker is to deny the continued exploitation of the work by taking the person's exploitation, taking the workers by the production method, and taking the production method separated from the worker and holding a minority capital; it is to overcome the capitalistic system and move toward a new society;

-in the capital-based society, the State is a control mechanism to take and suppress the capital-grades, including workers' ranks. At the time of the war of workers in modern middle industry in the past 89 years, the government mobilized workers to the land, the sea, and the air force to force them in a stateless manner; therefore, workers were not public power, but the capital-oriented power;

-the fact that the power of the State is merely a political and physical tool to give more public notice of the rule of capital class;

-the breadth of the state-state capital and the suppression of the worker’s right to live is the Foreign Capital Inducement Act, which guarantees the political rights of this country under the law. The essence of the country-state workers’ blood and blood, the monopoly capital and the political rights pursuing their own profits by selling their diversity is clear;

-Therefore, our workers should be punished for the system rupture to amend the malicious law, such as foreign capital law and labor law, and build a new society of anti-stateism and labor damage prevention through the long-term anti-state rupture and anti-government rupture.

-the process of preventing labor damage is the process of abolition of private ownership. For that purpose, the central issue is that the state power has been neglected above all, and the state power at present is the control mechanism of the capital class and the control of the capital class is removed only when the labor class has been malicious. This is the political revolution process of social change.

-the power of the worker's rank will play a role of suppressing the birth of the aging rank, that is, the capital rank, and play a role of carrying out political guidance during the entire work period;

-when the personal possession of the capitalism is abolished, that is, when the capital owns a means of production in which the individual owns it, the exploitation by the capital price will disappear when the capital owns it socially, so the personal possession of the worker is greater and fright;

-the abolition of private ownership is not only a worker, a civilian, but also a capital, and a worker shall not lose other than the hacks of wage so as to be paid-in;

-the socialist construction period requires the reading of workers' ranks and the State exists. However, the public-private partnership society is also extinguished without the self-defense of workers' ranks. Although the public-private partnership society of this meaning is not yet existing on the earth, many society are changing and developing in this direction;

-domination of the United States against South Korea has no domestic control rank. The domination of the United States Stateism against South Korea is carried out through a conference with the class of domination, such as the monopoly capital of South Korea and the monopoly power. For this reason, the struggle against the domination of the United Statesism is consistent with the course of the tension between the monopoly capital and the monopoly power of South Korea;

-labor damage means the removal of any piracy from any suppression and exploitation, i.e. the private possession of production means. To this end, the rupture of monopoly capital and anti-stateism should take place first. We will be called anti-state and anti-state democracy transformation;

The purchase of one "economic right of workers" containing the contents of the above shall be kept in the residence of the above accused and read by October 15, 1994.

Recognizing that it may endanger the existence and security of the State or democratic fundamental order, it acquired and held representations for the purpose of assisting in the activities of North Korea's anti-government organizations or promoting and inciting national defenses.

Of the facts charged, Article 7 (3), (1), and (2) of the National Security Act are crimes falling under Article 7 (5) and (1) of the same Act, and public prosecution is instituted.

2. Object of the trial;

Therefore, Article 7 (1), (3), and (5) of the National Security Act is Article 7 (1), (5) of the National Security Act.

(1) Article 7(1) of the National Security Act: A person who praises, encourages, advertises, or aids and abets any activity of, any anti-government organization or any member thereof or any person who acts in concert with, or aids and abets any disturbance of the State, knowing that such act may endanger the existence and security of the State or democratic fundamental order, shall be punished by imprisonment for not more than seven years.

(2) Article 7 (3) of the National Security Act: A person who forms or joins an organization aimed at committing an act under paragraph (1) shall be punished by imprisonment with prison labor for not less than one year.

(3) Article 7(5) of the National Security Act: A person who produces, imports, copies, holds, transports, distributes, sells, or acquires documents, paintings, or other representations for the purpose of committing an act under paragraph (1), (3), or (4) shall be punished by the penalty provided in the respective paragraphs.

3. Judgment of party members

Although the Defendant’s act in the facts charged was indicted under Article 7(1), (3), and (5) of the National Security Act, it is doubtful that the above provisions are not consistent with the Constitution, such as the latter part of Article 12(1) of the Constitution and the latter part of Article 37(2) of the Criminal Procedure Act and the provision prohibiting infringement of the fundamental rights.

First of all, our Constitution provides various freedom of expression, such as freedom of ideas and freedom of assembly association. The ideology of free democracy, which is the basis of our basic order of our nation, is freedom and equality without any need to clearly explain it, and it is based on respect for individual human rights and personality, and it recognizes a higher value as an individual rather than a group. Therefore, the freedom for an individual to express his/her own opinion contrary to his/her intent is not only one of the requisite requirements of free democracy, but also its representative symbol. Such freedom of expression is not only an individual’s value expression, but also a need to secure the right to participate in democratic political decision-making that can actively participate in political decision-making.

However, such freedom of expression can only be guaranteed in a society in which the competition of ideas is freely permitted. The existing truth and value in one time or in one society is developed or created with a new truth and value through free competition and challenge of ideas, and we recognize this as the development of history. These new truth and value are achieved by overcoming and overcoming the existing truth and value. As such, the development and creation of a new truth and value goes against the existing ideology and ideology, it does not go against the existing ideology and ideology, and even if it is a value-free and harmful idea and ideology, it can form the foundation of a sound state and social system with a sound state and social system, as much as possible, by going through the process of criticism and attitude in the market of free competition. Today, it is not necessary to deny the use of the principle of free competition in the era in which the delivery and formation of ideas are artificially operated.

However, even if the ideology of free democracy adopts the freedom of expression as a representative symbol of the freedom of expression, the tolerance of the expression of ideas that deny the existing ideology and value system is to promote the sound preservation and development of a democratic society through competition of ideas, not only is it intended to use the same as the act of destroying the order and system of free democracy, but also the act of destroying the order and system of free democracy. Such an act is beyond the limit of the freedom of expression and the regulation of acts beyond the limits is natural for the protection of free democracy itself. However, denying the ideology and value of the existing order or expressing ideas and opinions contrary thereto in the aspect of the existing order is nothing more than an obvious attack when viewed in the aspect of the existing order. However, it is not sufficient to allow the freedom of expression as part of the act of inducing the abolition, security and happiness of the free democracy system, i.e., the act of infringing the existence and security of the Republic of Korea and the free democratic basic order, unless there are special circumstances such as “specific and concrete risks”.

A democratic society is a society in which diverse ideas of its members, diverse ways of living are guaranteed, i.e., the freedom of ideas and conscience, and the superior position of the freedom of expression, which can be called as the institutional guarantee of democracy, is widely recognized. Freedom of expression is an indispensable and premised on democratic politics, and thus, is not guaranteed. Such freedom of expression is an institutional foundation of democracy. Such freedom of expression is an important fundamental right in various fundamental rights guaranteed in the Constitution, and the law imposing punishment on expression of opinion requires the highest clarity, and in order to punish the act of expression of opinion, it is insufficient to say that it has a tendency to bring harmful effects on the nation or society in the future. In addition, it is clear that it should be limited to cases where harm prohibited by law is apparent and realistic danger is proven, and it seems that there is a need to interpret the principle of restriction on freedom of expression and the principle of restriction on freedom of expression as well as the principle of restriction on freedom of expression and the principle of restriction on the application of freedom of expression in accordance with the Constitution and the principle of restriction on freedom of expression.

However, Article 7 (1) of the National Security Act provides that a person who advertises or instigates a disturbance of the State shall be punished with the knowledge of fact that it may endanger the existence and security of the State or democratic fundamental order, and Article 7 (3) provides that a person who forms an organization aimed at the provision of paragraph (1) or who joins such organization shall be punished for the purpose of doing such act, and Article 7 (5) provides that a person who produces or holds representations, such as documents, for the purpose of doing such act shall be punished. This is a punishment for the anti-state activity against the so-called expressive crime, and it does not violate the essential contents of the freedom of expression. However, in interpreting or applying the provision that a person who advertises a disturbance of the State shall be punished with the knowledge of the fact that it may endanger the existence and security of the State or democratic fundamental order, it seems that there is a risk of infringing on the essential contents of the freedom of expression. In other words, if an act is performed with the recognition of criticism or opposing the existing system, the above provision shall be punished when interpreting

Examining the instant case, the Defendant, as a worker of the precision treatment, has no fact of using violence, etc. for realizing our society’s reality, and as such, read the political newspaper of the same tendency, i.e., “ he has a debate regularly and organized group with other persons who have a similar idea,” and “workers’ solidarity.” Although his assertion as its goal is to build workers in conflict with the existing system, and is above the society that is the dominant rank, the Defendant criticizes the present North Korean society as a distorted society necessary for the revolution of workers, and even if the Defendant is able to realize its goal, it seems that there is a strong way for the Defendant to prepare for the specific realization of the revolution or to use it for that purpose, and that the Defendant has a pure and ideological nature of the Defendant’s expression that has expressed its idea to us, even if it seems that there is any fear that the above expression is unreasonable for the reason that it is more likely that the content of the instant case’s ideology and the danger of attack would be distorted than that of the Defendant’s expression or the content of the ideology.

Even in light of the changes in the present era where the exchange and cooperation with North Korea is widen and toward globalization as well as the diversity of ideas is going toward, unlike the past in the past, since the establishment of the door-to-government government with the support and legitimacy of the people, it seems that the existence and security of the Republic of Korea will not be threatened even if the tolerance of ideas is increased differently from the past in the past, because even in the case of various advanced democratic countries in the West, it can be known that even in the case of various advanced democratic countries in the West, the social party or the Gongsan Party is legally acting, and such circumstances should also be taken into account at the present time of globalization.

Therefore, as above, Article 7 (1) of the National Security Act which punishs a defendant by deeming the act of critical ideas in the state system as propaganda of national defense knowing that it may endanger national existence, etc. does not thoroughly meet the strict standards for the restriction of freedom of expression, and also does not thoroughly meet the principle of no punishment without the law as seen below, there is a possibility of infringement of the essential contents of the latter part of Article 37 (2) of the Constitution.

The latter part of Article 12 (1) of the Constitution provides for the principle of no punishment without the law, and the law should be regulated more specifically and clearly to the extent that the possibility of punishment can be predicted by the people, and the law excessively comprehensive, obstructed and unclear punishment regulations are unconstitutional in violation of the ideology of establishing three rights or the principle of no punishment without the law and the principle of no punishment without the law. However, with respect to Article 7 (1) and (5) of the former National Security Act, if the term "members" of paragraph (1), "activities", and "Dong" are interpreted and applied as they are excessively broad and broad scope of application, it is likely that the act may infringe upon the freedom of speech, publication, literature, and art under the Constitution and the freedom of conscience, and it is still difficult for the State to violate the principle of no punishment without the law, and thus, it is still unconstitutional or unconstitutional to violate the basic order of no punishment without the law, and it is still difficult for the State to violate the basic order of no punishment without the law.

In addition, even though the concept of "state disturbance" is defined as "state disturbance" as well as its meaning and content is not clear, and in the case of insurrection under the Criminal Act, even though the concept of "state disturbance" is more clearly defined as the elements of the crime of insurrection under Article 91 of the same Act, it is unclear whether the "state disturbance" is different from the constitutional column under the Criminal Act, in comparison with the detailed definition of the "state disturbance" under Article 91 of the same Act, even if the detailed definition of the "state disturbance" is separately provided for in the Criminal Act, and it is reasonable to punish the act of insurrection for the purpose of state disturbance in accordance with each element of the crime of insurrection under the Criminal Act, considering the specific and possible risks of the act, as it seems that it is reasonable to punish the act in line with the elements of the crime of insurrection under the Criminal Act, and the above provision of the National Security Act is also deemed to overlap with the provisions of the Criminal Act.

As seen earlier, Article 7(1), (3), and (5) of the National Security Act, which is the premise of the judgment of the instant case, is suspected of not consistent with the principle of no punishment without the law, the superior guarantee of freedom of expression, and the prohibition of essential infringement of fundamental rights, and thus, it is so decided as per Disposition by the assent of all participating Justices.

Judges Park Tae-tae (Presiding Judge)