[1] The meaning of "foreign organizations" under Article 7 (3) of the National Security Act and the criteria for its determination

[2] The case holding that it is difficult for the organization such as the "National Unification Before the People's Republic of Korea" to regard it as a dual organization

[3] The requirements and criteria for determining pro-enemy contents under the National Security Act

[4] The case holding that the philosolosophical book "in the theory of relics under the law" does not constitute pro-enemy contents under the National Security Act

[1] The so-called "second-called" organization under Article 7 (3) of the National Security Act refers to the continuous and independent combination formed by many specified persons for the purpose of praiseing, encouraging, promoting, or aiding and abetting the activities of anti-government organizations under Article 2 of the National Security Act, or promoting and instigating the disturbance of the State. The recognition of a dual organization shall be strictly construed in light of the purpose of the above Act and the basic spirit of the principle of no punishment without law prohibiting analogical interpretation or expansion of interpretation.

[2] The case holding that it is difficult for the organization such as the "National Unification Society of the People's Republic of Korea" to regard it as a dual organization

[3] To be recognized as pro-enemy contents under the National Security Act, the contents of the expressive materials must be active and aggressive to threaten the existence and stability of the Republic of Korea and the free democracy system, which are the legal interests protected under the National Security Act. Whether the expressive materials have the same nature should 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 itself and its external contents, and the situation at

[4] The case holding that the philosolosophical book, "in the theory of relics by law," does not constitute pro-enemy contents under the National Security Act

[1] Article 7 (3) of the National Security Act / [2] Article 7 (3) of the National Security Act / [3] Article 7 (5) of the National Security Act / [4] Article 7 (5) of the National Security Act

[1] Supreme Court Decision 9Do2317 delivered on September 3, 199 (Gong199Ha, 2140) Supreme Court Decision 9Do2437 delivered on October 8, 199 (Gong1999Ha, 2370) 201Do109 delivered on December 12, 2003 / [3] Supreme Court en banc Decision 90Do2033 delivered on March 31, 1992 (Gong192, 146) 96Do297 delivered on February 28, 197 (Gong1997Sang, 197Sang, 197) 96Do2609 delivered on June 13, 197 (Gong1997Sang, 1026)

Defendant

Defendant

Seoul High Court Decision 99No723 delivered on February 2, 2000

The judgment below is reversed and the case is remanded to Seoul High Court.

1. As to whether the Unification of the People's Republic of Korea is a dual organization

A. According to the reasoning of the judgment below, the court below, comprehensively adopted the evidence of the first instance court, determined that the Uniform Korean Association of the Republic of Korea (hereinafter referred to as the "National Assembly") was formed on October 27, 1987 as the "National Assembly of the Republic of Korea Unification" in the name of "National Assembly of the Republic of Korea Unification" and its title was changed to the "National Assembly of the Republic of Korea" around January 1, 1989. At the same time, the court below established an anti-state organization of the Republic of Korea with the aim of forming the anti-state organization of the Republic of Korea, which is an anti-state organization of the Republic of Korea, such as the three North Korean Revolution, the anti-state organization of the Republic of Korea, and the unification regime of the Republic of Korea, which is an anti-state organization of the Republic of Korea, and established the anti-state organization of the Republic of Korea with the aim of forming the national self-government organization of the Republic of Korea, which is the most advanced political organization of the Republic of Korea.

B. In light of the records, according to the rules of the public-private partnership, the purpose of the public-private partnership is to achieve the 'self-government, democracy and unification' of the fatherland (Article 3). The organization system has the highest deliberative body with the general assembly as the highest deliberative body (Articles 11 and 12), and the contents of materials used for the general assembly or various learning discussions of the public-private partnership, among those of the materials which were used for the public-private partnership or various learning discussions, are contents consistent with the attention and arguments of North Korea as an anti-government organization, and are prescribed as an anti-government organization among the activities of the public-private partnership (see Supreme Court Decision 96Do2696, May 16, 1997). In particular, the fact that the public-private partnership participated in the national assembly of 1994 can be acknowledged.

C. However, the so-called "second-called" under Article 7 (3) of the National Security Act refers to the continuous and independent combination formed by many specified persons for the purpose of praiseing, encouraging, promoting, or assisting in the activities of anti-government organizations, etc. under Article 2 of the National Security Act, or promoting and instigating the disturbance of the State. The recognition of a dual organization shall be strictly construed in light of the purpose of the above Act and the basic spirit of the principle of no punishment without law prohibiting analogical interpretation or expansion of interpretation (see, e.g., Supreme Court Decisions 9Do2317, Sept. 3, 1999; 9Do2437, Oct. 8, 199; 2001Do1099, Dec. 12, 2003).

However, even according to the evidence of the first instance court cited by the court below, it is not an organization directly participating in the 5th century, but an organization composed of 1987, 'the unification patriotic group of young people', which is a group of young people at the time of Kim Jong-dae at least 1987. At least there was no dual organization at the time of birth. The independence, democracy, and unification of South Korea, which is an anti-government organization, is the third class of the revolution of South Korea, 199, 6th classicism, anti-frequencys democracy, 6th classicism of the National People's Democratic Revolution(NLD), which is based on the NLDR, 197, 6th classics and 9th classics and 9thics and 6thics and 9thics and 9thics and 9thics and 19thics and 9thics and 9thics and 9thics and 9thics ands ands.

Therefore, in light of the above legal principles, it is insufficient to view the route or purpose oriented by the public-private partnership alone as constituting a dual organization because it is obviously dangerous to the existence and security of the State or democratic fundamental order.

Nevertheless, the court below judged that it is a foreign organization under Article 7 (3) of the National Security Act, and there is an error in the misapprehension of facts against the rules of evidence or in the misapprehension of legal principles as to foreign organizations. Therefore, the ground of appeal assigning this error is with merit.

2. As to the production, acquisition, and possession of pro-enemy contents

In order to be recognized as pro-enemy contents under the National Security Act, the contents of the expressive materials must be active and aggressive to threaten the existence and stability of the Republic of Korea and the free democracy system, which are the legal interests protected under the National Security Act. Whether the expressive materials have such an objection shall be determined not only by the overall contents of the expressive materials, but also by taking into account all the circumstances such as the motive for the production thereof, the form of the expressive act itself and matters related to the outside, and the situation at the time of the expressive act (see, e.g., Supreme Court en banc Decision 90Do2033, Mar. 31, 1992; Supreme Court Decision 2003Do604, May 13,

According to the reasoning of the judgment below, the court below determined that the defendant's 10th regular meeting data collection, 'the 11th regular meeting data collection, 'the 2nd regular meeting data collection, 'the 5th regular meeting' up to 'the 6th regular meeting', 'the 6th national self-government movement theory, 'the 98 unification project', 'the 98 unification project', 'the 10th regular meeting data collection, 'the 10th regular meeting data collection', 'the 5th regular meeting', 'the 6th national self-government movement theory held by the defendant in his house, 'the 98 unification project', 'the 98 unification project', all of the three subjects related to the Republic of Korea', 'the 10th regular meeting data collection', 'the 10th regular meeting of the Republic of Korea', 'the 10th regular meeting of the Republic of Korea', and 'the 5th basic and basic anti-government activities.

In light of the above legal principles and the records, we affirm the fact-finding and the judgment of the court below that the remaining expressive materials except for the above expressive materials under the 'constitutive theory' constitute pro-enemy materials under Article 7 (5) of the National Security Act is just.

그러나 원심이 이적표현물에 해당한다고 판단한 '변증법적 유물론 입문(증 제567호)'의 내용을 기록에 비추어 살펴보면, 이는 저자인 쿠시넨(Kuusinen)이 마르크스·레닌주의의 철학인 변증법적 유물론의 기본적인 내용을 대중들이 좀 더 알기 쉽게 설명한 철학서적으로서 도서출판 동녘에서 정식으로 번역 출판되어 시중에 판매되었고, 그 본문의 내용은 유물론과 관념론을 비교 설명하면서 부르조아의 철학을 비판하고 유물론적 변증법을 설명한 다음 인식론을 설명하면서 실천의 중요성을 강조하는 것에 불과한 점, 공소장이나 제1심판결이 위 문서의 주요 내용이라고 인용한 '변증법적 유물론은 우리에게 모순된 현실 속에서 좌절하거나 타협하거나 안주하는 것이 아니라, 오히려 이 모순을 동력으로 하여 인식과 실천 속에서 이를 극복하고 발전과 진보를 향해 노력하도록 이끈다. 이 철학을 자신의 삶의 지주로 삼음으로써 우리는 자본주의 사회의 부패와 타락에 물들지 않고, 제반 현상들과 현상적 이해관계에 의해 흔들림 없이 현실의 본질적 연관관계를 인식할 수 있으며, 사회와 인간, 자기 자신의 근본적인 발전을 위해 노력할 수 있다. 바로 이러한 이유들로 인해 변증법적 유물론이 미래의 주인인 노동자계급의 철학인 것이다.'라는 부분은 그 본문의 내용이 아니라, 이를 번역한 사람의 서문의 일부에 불과하여 위 문서의 주요 내용이라고 보기 어려울 뿐만 아니라, 위 문서에는 원심의 판단과 같은 북한의 활동이나 주의, 주장에 동조하는 구체적인 내용이 들어 있지 아니한 점 등을 알 수 있는바, 이러한 여러 사정을 앞서 본 법리에 비추어 살펴보면, 위 책자에는 대한민국의 존립·안전과 자유민주주의 체제를 위협하는 적극적이고 공격적인 내용이 포함되어 있다고 보기 어렵다고 보아야 할 것이다.

Nevertheless, the court below determined that the "pro-enemy theory" was a pro-enemy pro-enemy organization under Article 7 (5) of the National Security Act. In doing so, there is an error of misunderstanding the above pro-enemy organization's contents and misunderstanding the facts or misunderstanding the legal principles as to pro-enemy organization.

3. Conclusion

Therefore, the part of the judgment of the court below which found the defendant guilty of violating the National Security Act due to the defendant's accession to the organization and possession of ‘the theory of relics by law' should be reversed. Since the remaining violation of the National Security Act of the defendant who found the defendant guilty was sentenced to a single punishment in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below should

Therefore, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Zwon-won (Presiding Justice)