All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The Defendant’s North Korea constitutes a “state” and thus cannot be deemed as a “non-state organization” under Article 2 of the National Security Act.

Nevertheless, the lower court found Defendant guilty of the facts charged in this case on the premise that North Korea is not a “state” but a “non-state organization.” In so doing, the lower court erred by misapprehending the legal doctrine on “non-state organization” under Article 2 of the National Security Act, thereby adversely affecting the conclusion of the judgment.

B. The sentence imposed by the Prosecutor on the Defendant (one year of imprisonment with prison labor, two years of suspension of execution, one year of suspension of qualifications) is too uneased and unreasonable.

2. Determination

A. On September 17, 1991, the Republic of Korea and North Korea joined the United Nations at the same time on September 17, 1991, the Framework Agreement on South and North Korea was adopted at the so-called high level conference held on December 13, 199, and on June 15, 200, the Joint Declaration between South and North Korea was announced on June 15, 200 and the Declaration was announced on October 4, 2007 for the development of inter-Korean relations and peace prosperity, etc., and active exchanges and cooperation was made between South and North Koreas in various fields, such as politics, economy, society, and society. The grounds for appeal are pointed out.

However, the mere fact that North Korea joined the United Nations in the name of the Democratic People's Republic of Korea was approved by each other as a matter of course for another member who has joined the United Nations International Organization.

It is a common position in international law that it is impossible to view it as an international political practice.

In addition, in light of the historical characteristics of South and North Korea, North Korea recognized North Korea as an independent country solely based on the fact that the Republic of Korea has been recognized as a person eligible for exchange and cooperation with North Korea.

It can not be seen, and the legal relationship between South and North Korea is still to be judged in accordance with the Constitution and laws of Korea.

Article 3 of the Constitution of the Republic of Korea provides that “The territory of the Republic of Korea shall be the same as that of the Korean Peninsula and its annexes.”