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The defendant shall be innocent.
Reasons
1. The summary of the facts charged in this case was the person who was the second grade of the civil engineering department at C.C., and was in the second grade of the civil engineering department at C.C., around 18:00 on June 26, 1978, the Defendant took part in the training of approximately 50 students demonstration teams, such as “refisction” in front of the Sejong Cultural Center located in Jongno-gu Seoul, and took part in the training of approximately 50 students demonstration teams, and carried out in front of the Korea Educational Federation with 25 Gu newspapers.
2. According to the records of the instant case, the Seoul Criminal Court found the Defendant guilty on the grounds of the Presidential Emergency Measure No. 9 (hereinafter “Emergency Measure No. 9”) No. 7 and No. 1(c) for the protection of national security and public order on November 27, 1978, and sentenced the Defendant to imprisonment with prison labor for a maximum of one year and three months, a short of one year, and a suspension of qualification for a violation of the Presidential Emergency Measure No. 9 (hereinafter “instant judgment subject to review”), and on December 5, 1978, determined that the instant judgment subject to review became final and conclusive.
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.
The New Constitution of the Republic of Korea is also a natural disaster or a serious problem with respect to the exercise of emergency measures in Article 53 (1) and (2).