logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.05.31 2016누1006
보안관찰처분 기간갱신결정취소
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

Details of the disposition

A. On August 16, 2007, the Seoul High Court sentenced 4 years of imprisonment with prison labor and 4 years of suspension of qualification for the crime of violating the National Security Act (espionage, lock-in, escape, meeting, communications, etc.) at the Seoul High Court, and the said sentence became final and conclusive upon dismissal of the appeal, and the execution of the sentence was terminated on October 23, 2010 while the said sentence was serving in Daegu Prison. The main points of the crime and applicable provisions of the Act are as follows.

On June 206, the defendant, while being aware that it may endanger the existence and security of the State or democratic fundamental order, reported to B the "C", which is a state secret (convening and communication) collected by B under the instructions of an anti-government organization (convening and communication), around September 2002, the defendant: (a) had his/her accomplice D escape from an anti-government organization to receive an order from a member of an anti-government organization or to consult on the accomplishment of purpose; (b) had him/her escape again into the Republic of Korea for the purpose of fulfilling that purpose; (c) had him/her escape again from the Incheon Airport to enter North Korea; (d) had him/her depart from the Incheon Airport to enter North Korea to receive an order from two North Korea National Assembly members of North Korea on June 24, 2006 (convening and communication); and (d) had him/her enter the Incheon Airport to receive an order from two North Korea National Assembly members of North Korea on June 29, 2006 (convening and collecting it).

Articles 8(1) and 4(1)2(b) and 6(2) of the National Security Act of the same Act

B. After the release of the Plaintiff, the Plaintiff received a security surveillance disposition from the Defendant on November 8, 2012, and the prosecutor thereafter requested the Defendant to renew the period of security surveillance disposition against the Plaintiff on August 26, 2014. The Defendant did not object to the crime of violation of the National Security Act against the Plaintiff on August 27, 2014 through the resolution of the Security Surveillance Disposition Review Committee, and continues to report under the Security Surveillance Act.

arrow