The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Examining the contents of the former part of this case in light of the motive or purpose of the act in this case, the political and social background at the time, and the link with a specific political force, etc., the act of distributing the former part of this case cannot be deemed to constitute “collective act” under the Local Public Officials Act, and the court below erred by misapprehending the legal principles.

B. The sentence imposed by the court below on the defendant (two million won of fine) is too unreasonable.

2. Determination

A. Determination of the misapprehension of the legal doctrine as to the assertion of the “collective act” under Article 58(1) of the Local Public Officials Act refers not to any collective act committed by public officials for any work other than public duties, but to the legislative purport of Article 21(1) of the Constitution guaranteeing the freedom of speech, publication, assembly, and association, and the Local Public Officials Act, comprehensively taking into account the duty of good faith and duty of care under the Local Public Officials Act, etc., the term “collective act that may affect the duty of care for the purpose contrary to public interest” (see, e.g., Supreme Court Decisions 90Do2310, Feb. 14, 1992; 2003Do2960, Apr. 15, 2005).