The defendant shall be innocent.

1. The summary of the facts charged and the summary of the applicable law of this case are as follows: “Around June 26, 1978, the defendant took part in the student demonstration team of approximately 100 students who are driven in the direction of the correspondence at the front of the J, which is located at the entrance of the entrance of Jongno-gu Seoul, Jongno-gu, Seoul, Seoul, at around 19:30 on June 26, 1978, and the defendant took part in the direction of the correspondence at the entrance of the entrance of the Jongno-gu, Jongno-gu, Seoul, and carried out an illegal demonstration by the student

With respect to the facts charged in the instant case, the prosecutor instituted a public prosecution by applying Article 53 (7) of the former Constitution (wholly amended by Act No. 9 of Oct. 27, 1980; hereinafter “former Constitution”) to the Presidential Emergency Measures (hereinafter “Emergency Measures”) pursuant to Article 53 of the former Constitution.

2. We examine the unconstitutionality of the Presidential Emergency Decree No. 9, which is the premise of the instant judgment.

In the event of a serious crisis that is unable to cope with by the method of exercising power in accordance with the constitutional order at ordinary times, the presidential decision on the national emergency power which is exercised to guarantee the existence of the State should be respected. However, such a state emergency power should 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. Accordingly, it must conform to the requirements and limits for exercising the national emergency power under the Constitution that provides for the national emergency power. In this regard, the former Constitution was 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.

However, the contents of the Emergency Measure No. 9, which was issued based on the above, are as follows: “act of harming, spreading, or distorting facts”; “act of disseminating, disseminating, or distorting the Constitution of the Republic of Korea by means of public radio waves, such as assemblies, demonstrations, newspapers, newspapers, broadcasting, telecommunications, documents, drawings, sound records, etc.”