The defendant shall be innocent.

1. Summary of the facts charged and applicable statutes;

A. The summary of the facts charged of this case is as shown in the annexed sheet.

B. The prosecutor of the Prosecutorial Department of the Emergency Military Court under the applicable Acts and subordinate statutes brought an action against the instant charges by applying subparagraph 1, 3, and 5 of the Presidential Emergency Measures (hereinafter “Emergency Measures”) pursuant to Article 53 of the former Constitution of the Republic of Korea (amended by Act No. 9 of Oct. 27, 1980; hereinafter “Personal Constitution”) to the charges of this case.

2. Determination

A. The unconstitutionality of the Emergency Measures should be exercised within the minimum limit that is indispensable for the State to remove the direct cause of the crisis when the State faces a serious crisis. In this respect, the requirements and limitations for the issuance of the State Emergency Measures under the Constitution that provides for the state Emergency Measures shall not be an exception to the Emergency Measures under Article 53 of the United States Constitution.

Article 53(1) and (2) of the New Constitution of the Republic of Korea limits the exercise of emergency measures to “a natural disaster, or serious financial or economic crisis, or a serious threat or threat of national security or public peace and order, which is necessary to take prompt measures” to overcome such danger or threat.

However, the contents of Emergency Measures No. 1 issued on the basis of this, are all acts of denying, opposing, distorted or slandering the Constitution, all acts of asserting, proposing, proposing or petitioning the amendment or abolition of the Constitution, and all acts of making a will secret, and any acts of making or spreading such prohibited acts, and all words and actions informing others of such acts by soliciting, instigating, advertising, broadcasting, news reporting, publishing or other means ( Paragraphs (1) through (4). Any person who violates or slanders these measures shall, without the warrant of a judge, be punished by imprisonment for not more than fifteen years.

(Paragraph 5) is a discussion on the Constitution of the Republic of Korea.