The appeal is dismissed.

The grounds of appeal are examined.

Although North Korea is a partner of dialogue and cooperation for the peaceful unification of South and North Korea, North Korea still has the character as an anti-government organization which is bound to adopt our liberal democracy system while enhancing the hostile unification route in spite of changes in the relationship between South and North Korea, and therefore, it is established by the Supreme Court that the normative power of the National Security Act which regulates anti-government organizations is still valid.

In addition, the freedom of conscience, freedom of press publication, and freedom of learning, etc. are fundamental rights guaranteed by the Constitution of the Republic of Korea, but there is no restriction, and if necessary for national security, maintenance of order, or public welfare under Article 37(2) of the Constitution, it may be restricted to the extent that it does not infringe on the essential contents of the freedom and rights. Thus, the legislative purpose and application of the National Security Act shall not be deemed to violate the Constitution to the extent that it is limited to the extent that it does not infringe on the essential

(see, e.g., Supreme Court Decision 2007Do10121, Dec. 9, 2010). In contrast, the lower court erred by misapprehending the legal doctrine as to North Korea’s anti-government organization.

We cannot accept the allegation in the grounds of appeal that Article 7 (1) and (5) of the National Security Act is unconstitutional.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.