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(영문) 서울고등법원 2017.05.19 2016누997
보안관찰처분 기간갱신결정 취소
Text

1. The Defendant’s disposition of renewal of the period of security surveillance disposition against the Plaintiff on November 7, 2016 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On July 2005, the Plaintiff met B, who was ordered by North Korea as an anti-government organization, and from then to October 2006, collected and reported the status of North Korea's business related to North Korea's business, the Plaintiff escaped from North Korea to North Korea on August 25, 2005 through the contact line between North Korea and North Korea on several occasions. On August 25, 2005, the Plaintiff escaped from China to North Korea to report the details of its activities, etc. and discuss the future activity plan, etc.

B. On August 16, 2007, the Plaintiff was sentenced to imprisonment with prison labor for three years and six months, suspension of qualifications for three years and six months, and completed the execution of the sentence on April 25, 2010 at the Seoul High Court.

(hereinafter) The Plaintiff was punished for violation of the National Security Act (hereinafter “instant case”).

On November 8, 2012, the Defendant issued a security surveillance disposition against the Plaintiff, and thereafter rendered a decision to renew the period of security surveillance disposition (hereinafter “the first renewal decision”) on August 27, 2014. In other words, on November 7, 2016, the Defendant again rendered a decision to renew the period of security surveillance disposition (hereinafter “the second renewal decision”).

【Uncontentious facts, Gap’s evidence Nos. 1, 2, 4, Eul’s evidence Nos. 1, 10, 33 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the second renewal decision of this case is legitimate

A. The Plaintiff’s assertion that the grounds for the second renewal decision of the instant second renewal do not relate to the risk of recidivism, and the Plaintiff rather performs specific activities related to the crime subject to security surveillance after the release.

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