All appeals are dismissed.

The grounds of appeal are examined.

1. In order to recognize a pro-enemy organization as a pro-enemy organization under the National Security Act to determine the Defendant’s grounds of appeal, the contents of the pro-enemy organization must be active and aggressive to threaten the nation’s existence security and free democratic fundamental order

Furthermore, determination as to whether a expressive material has such an objection ought to be made by comprehensively taking account of the following circumstances: (a) the motive for the production of the expressive material as well as the overall contents of the expressive material; (b) the appearance of the expressive act itself; (c) the external matters

The purpose of the National Security Act, which is to commit the act of pro-enemy production and possession, is to commit the act of pro-enemy, and the prosecutor bears the burden of proving that the act was the act of pro-enemy.

Therefore, it should not be presumed that an actor committed a pro-enemy act solely with the fact that he/she was aware that he/she was a pro-enemy act.

In this case, when there is no direct evidence to prove that an act was an object of pro-enemy, the determination may be made by comprehensively taking into account the following indirect facts: (a) the Defendant’s career and status; (b) the background leading up to the Defendant’s commission of the said act in connection with pro-enemy materials; (c) whether the Defendant was a pro-enemy organization; and (d) the actual goal and activity of pro-enemy materials to which the

(2) The lower court, on the grounds indicated in its reasoning, found the Defendant guilty of this part of the facts charged, on the grounds that, with the knowledge of the fact that the Defendants’ activities of North Korea, which are anti-government organizations, are in danger of national existence and security or democratic fundamental order, distributed pro-enemy contents indicated in [Attachment 1 to 6] of the lower judgment for the purpose of praise, encouraging, promoting, or aiding and abetting the activities of North Korea, which are anti-government organizations, with the knowledge that such activities may endanger national security

The judgment of the court below.