The judgment of the court below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.

The grounds of appeal are examined.

1. As to the grounds of appeal, including the misapprehension of legal principles as to anti-government organizations under Article 2 of the National Security Act, North Korea is a partner of dialogue and cooperation for the peaceful unification of South and North Korea, but on the other hand, despite the changes in the relationship between South and North Korea, North Korea still has the nature of anti-government organizations taking measures to overcome our liberal democracy system, and therefore, it is established by the Supreme Court that the normative power of the National Security Act regulating anti-government organizations is still valid.

(See Supreme Court en banc Decision 2010Do1189 Decided July 23, 2010, etc.). Therefore, the judgment of the court below to the same effect is justifiable. In so doing, it did not err by misapprehending the meaning of an anti-government organization under Article 2 of the National Security Act and the legal principles on the unconstitutionality of

2. In order to recognize the grounds of appeal related to the portion No. 80 No. 80 of the annexed list of crimes in the first instance judgment as pro-enemy contents under the National Security Act, the contents of the expressive materials shall be active and aggressive to threaten the existence and security of the nation, which is the legal interest of the National Security Act, and the free democratic fundamental order. Whether the expressive materials have the same aptitude shall be determined by taking into account not only the overall contents of the expressive materials, but also all the circumstances such as the motive for production, the form of the expressive act

(See Supreme Court en banc Decision 2010Do1189 Decided July 23, 2010, etc.). As to the expressive materials of North Korea No. 80 in the annexed list of crimes in the first instance judgment, the lower court’s purport is to accept the expressive materials of North Korea, which contain the North’s argument principle as an anti-government organization, or to defend and defend the North’s principal ideology and socialist system, and to cite K and L, which are legal interests protected under the National Security Act, and the democratic fundamental order.