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(영문) 대법원 2014.10.15 2012도10426
국가보안법위반(간첩)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Judgment on the Defendant’s grounds of appeal

A. The crime of meeting and communication as prescribed in Article 8(1) of the National Security Act with respect to the point of meeting with a member of an anti-government organization is established by making contact with a member of an anti-government organization or a person who was ordered to do so, with the knowledge of the fact that it may endanger the existence and security of the State or democratic fundamental order.

Here, its meeting, communications, etc. refers to a clear danger that may pose substantial harm to the national security or democratic fundamental order.

On the other hand, the Minister of Unification's certificate of visit to North Korea is only permitted to visit North Korea itself, and all specific and individual acts during the visit to North Korea are permitted.

Since it is not justifiable or justifiable, whether an act, such as a meeting with members of anti-government organizations, etc. during a visit to North Korea, is obviously dangerous to the existence and security of the Republic of Korea or democratic fundamental order should be determined separately for each act.

Therefore, even if visiting North Korea upon obtaining a North Korea visiting certificate, it cannot be deemed that the act of meeting with anti-government organizations and members of anti-government organizations, etc. conducted on such opportunity is within the scope recognized as justifiable as an act aimed at inter-Korean exchange and cooperation. Rather, if it is recognized that there is an obvious risk of substantial harm to the existence and security of the Republic of Korea or democratic fundamental order

(See Supreme Court en banc Decision 2003Do758 Decided April 17, 2008). Examining the reasoning of the lower judgment in light of the aforementioned legal principles and records, the lower court’s determination that each of the facts charged was guilty on the grounds stated in its reasoning is justifiable and acceptable, and the grounds of appeal are with merit.

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