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The defendant shall be innocent.
Reasons
1. The summary of the facts charged in the instant case was a person who was in the third grade of C University, and was the principal’s prior permission. On June 26, 1978, the Defendant took part in the student demonstration group with approximately 200 students, who were taken part in around the central library exhibition hall located on the northwest-ro in the northwest-ro newspaper of Jongno-gu Seoul, Jongno-gu, Seoul, and took part in approximately 10 students demonstration group around 200 students who were taken away from the side of the Sejong Culture Center, and carried out an illegal student demonstration by going through the underground passage and the Sejong-ro 1 and going through the Sejong-ro 20:30 on the same day.
2. According to the records of this case, the Seoul Criminal District Court found on November 16, 1978 that on the grounds of paragraphs (7) and (1) (c) of the Presidential Emergency Decree for the National Security and the Protection of Public Order (hereinafter “Emergency Decree No. 9”), the above charges were convicted, and sentenced the Defendant for a violation of the Presidential Emergency Decree No. 9 and one year of suspension of qualification (hereinafter “instant judgment subject to review”), and determined that the instant judgment subject to review becomes final and conclusive around that time.
3. Determination
A. unconstitutionality 1 of Emergency Decree No. 9) 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, and must conform to the requirements and limitations for the issuance of the Constitution that prescribes the national emergency power. 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.