[1] The meaning of the dual purpose under Article 7 (5) of the National Security Act

[2] Whether it can be deemed that North Korea’s anti-government organization was extinguished due to the history of the inter-Korean summit or that the normative power of the National Security Act was lost (negative)

[1] "Purpose" under Article 7 (5) of the National Security Act is not necessary until the active desire or final awareness of acts, such as praises, rubber, etc., is not required, and can be satisfied with dolusence. Thus, the contents of the expressive materials are objectively viewed as constituting an anti-government organization, and if there is a dolusence that such act may become a dual act, the elements of the act shall be satisfied.

[2] The present reality is that North Korea still has not shown clear signs that North Korea has renounced completely the hostile unification route of our country while putting in comparison with our country, and as long as there seems to be no obvious democratic change in its inside, North Korea also has the character of an anti-government organization that takes the responsibility to overcome our liberal democracy system by taking advantage of the dialogue and cooperation for the peaceful unification of the fatherland at the same time as the partner of dialogue and cooperation for the peaceful unification of the fatherland, and at the same time, North Korea also has the character of an anti-government organization that takes the responsibility to overcome our liberal democracy system. It cannot be deemed that North Korea’s anti-government organization was extinguished due to the intention of the inter-Korean summit, etc. or that the normative power of the National Security

[1] Article 7 (1) and (5) of the National Security Act / [2] Article 2 of the National Security Act

[1] Supreme Court en banc Decision 90Do2033 Decided March 31, 1992 (Gong1992, 1466), Supreme Court Decision 96Do2606 Decided June 13, 1997 (Gong1997Ha, 2093), Supreme Court Decision 2002Do2246 Decided November 22, 2002, Supreme Court Decision 2002Do4665 Decided March 11, 2003 / [2] Supreme Court Decision 200Do2629 Decided August 22, 2000, Supreme Court Decision 2000Do2536 Decided September 29, 200, Supreme Court Decision 200Do48362 Decided February 28, 2002, Supreme Court Decision 2001Do483620 Decided May 23, 202

Defendant

Defendant

Seoul District Court Decision 2002No9958 delivered on December 3, 2002

The appeal is dismissed.

The grounds of appeal are examined.

According to Article 7(5) and (1) of the National Security Act, an anti-government organization or its members shall be punished for those who produce, import, copy, possess, transport, distribute, sell, or acquire documents, paintings, or other expressions with the intent to praise, instigate, advertise, or assist in the activities of anti-government organizations or its members, etc., knowing that such activities may endanger the existence and security of the State or democratic fundamental order. The "purpose" here is not necessary for the sake of active or conclusive awareness of acts, such as praise, rubber, etc., and can be satisfied with dolusent perception. Thus, the contents of the expressive material objectively deemed as containing an objection, such as acting in concert with the activities of an anti-government organization, and furthermore, if there is an dolusent perception that such acts may become a dual act, the constituent elements are satisfied (see Supreme Court Decision 2002Do4665, Mar. 11, 2003, etc.).

In addition, even though a normal conference between South and North Korea is held and a joint declaration is announced as a result, it is apart from the fact that North Korea’s anti-government organization has ceased to exist in the future as the inter-Korean relationship further develops and the establishment of a peaceful co-existence between South and North Korea and the establishment of a peaceful inter-Korean relationship, and in the present situation, it is not obvious that North Korea still has renounced completely the hostile unification route of our country with its own free democracy in comparison with our country, and as long as there seems to be no obvious democratic change inside it, North Korea also has the character of an anti-government organization, which is a member of dialogue and co-operation for the peaceful unification of South and North Korea at the same time, and is bound to reverse our free democracy system by taking advantage of the hostile unification route, it cannot be deemed that North Korea’s anti-government organization was extinguished or its normative ability of the National Security Act has been lost (see, e.g., Supreme Court Decisions 200Do3658, Sep. 26, 2002).

The court below affirmed the first instance court that found the defendant guilty of the violation of Articles 7 (5) and 7 (1) of the National Security Act, on the ground that the contents of expressive materials produced, distributed, or held by the defendant, such as praises and praises of North Korea's principal idea, inciting and publicizing the principal revolution route, inciting and promoting Kim Il-il and Kim Jong-il, asserting the friendship between the unity and system of North Korea's political power, and inciting the construction of South Korea socialism, and inciting such contents. If the defendant produces, distributes, or possesses these contents, the court below determined that the defendant's act of producing, distributing, or possessing it would endanger the nation's existence and security or democratic fundamental order, while knowing that it would endanger the nation's existence and security or democratic fundamental order. In light of the above legal principles and records, the court below's findings of fact and judgment are just and there is no error as

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

Justices Park Jae- Jae (Presiding Justice)