The appeal is dismissed.

The grounds of appeal are examined.

1. Article 1(1) of the National Security Act provides that “The purpose of this Act is to secure the security of the State and the lives and freedom of citizens by regulating anti-state activities which may endanger the national security,” and Article 1(2) provides that “In interpreting and applying this Act, it shall be limited to the minimum extent necessary to achieve the purpose prescribed in paragraph (1), and it shall not be extended or interpreted or the basic human rights of the people guaranteed by the Constitution are not unduly restricted.” In addition, the elements of this Act shall be strictly restricted in light of the basic spirit of the principle of no punishment without law prohibiting analogical interpretation

(See Supreme Court en banc Decision 97Do985 delivered on July 16, 1997, etc.) Article 6(1) of the National Security Act provides that “A person who has escaped from, or escaped from, an area under the control of an anti-government organization with the knowledge of the fact that it may endanger the existence and security of the State or democratic fundamental order, shall be punished.”

In this context, "confist the security of the existence of the nation" means threatening the independence of the Republic of Korea, harming the territory, destroying and breaking the functions of the Constitution, laws and the constitutional institutions, and harming the free democratic order, and "confiscing to the free democratic order" means all violent control and arbitrary control, i.e., excluding the self-regulation of one person or one person of an anti-government organization, and making it difficult to maintain the rule of law in accordance with the basic principles of freedom equality, and specifically, to destroy and alter our internal system, such as respect for fundamental human rights, separation of powers, parliamentary system, multiple political party system, election system, private property, and market economy, and the independence of the economic order and judicial authority.

Constitutional Court en banc Order 89Hun-Ga113 delivered on April 2, 1990