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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. The summary of the facts charged of this case was that the Defendant, around 20:40 on Jan. 9, 1978, talked with F, G, H, etc. at the E-cafeteria located in Young-gun, Young-gun, and then sent to the representatives of the Korean Unification Council among talking with F, G, H, etc., and that H would support himself. However, G and H were unable to speak in a democratic society where H did not answer, and “the system was wrong, and there was no speech that H would be unsatisfing, and under the gene body system, they cannot exercise their rights.” The Defendant distorted or distorted the Constitution of the Republic of Korea.
2. Case progress and judgment
A. According to the records of the case, the Defendant was indicted for violating the Presidential Emergency Decree No. 7 and 1(a) for the protection of national security and public order (hereinafter “Emergency Decree No. 9”), and this Court convicted the Defendant of the charges in this case on May 16, 1978, and sentenced the Defendant to imprisonment for ten months and suspension of qualification for one year, and the said judgment became final and conclusive on September 1, 1978.
B. 1) Whether Emergency Decree No. 9 is unconstitutional or not. 1) In the event of a serious crisis that is unable to cope with by the means of exercising power in accordance with the constitutional order at ordinary times, the decision of the President with respect to the national emergency power which is exercised to guarantee the existence of the State should be respected. However, such a national emergency power must be exercised within the minimum limit that is indispensable to remove the direct cause of the crisis when the State is in a serious crisis. In this respect, the requirements and limitations for the issuance of the Constitution that prescribes the national emergency power must be satisfied. In this respect, the former Constitution of the Republic of Korea (wholly amended by Act No. 9 of Oct. 27, 1980).
I. The Constitution of the Republic of Korea is hereinafter referred to as the "Boman Constitution").
The emergency measures stipulated in Article 53 can not be an exception.
Article 53 (1) and (2) of the New Constitution shall also be subject to emergency measures.