Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. Based on the Supreme Court en banc decision in 2008, the court below ruled that North Korea constitutes an anti-government organization under the National Security Act, and the above Supreme Court decision was followed by the decision of the Constitutional Court in 1997, and such decision of the Constitutional Court and the Supreme Court decision are no longer valid.

At present, the international community, such as UN, recognizes North Korea as a State, exchanges with North Korea, and the government of the Republic of Korea recognizes North Korea as a State in reality by doing transactions with North Korea through the Geum Riversan Tourism and the GIC, etc. Furthermore, the South-North Korean agreement in 191 explicitly stated inter-Korean relations as “special relationship formed provisionally in the course of pursuing unification, which is not a relationship between the State,” and thus, North Korea cannot be seen as an anti-government organization under the National Security Act.

If North Korea is regarded as an anti-government organization, all the President and other public officials who contact North Korea should be punished as violation of the National Security Act.

The writing posted by the defendant can not be seen as a threat to the existence and security of the State or the fundamental order of free democracy.

B. The Prosecutor’s sentence (three years of probation, one year of suspension of qualifications, one year of probation, and 240 hours of community service) of the lower court is too uneasy and unreasonable.

2. Determination:

A. Article 2 of the National Security Act provides that “The term “an anti-government organization” means an organization equipped with a command-oriented system as a association or group outside Korea, which refers to the government or aims to represent the State, or refers to a group, other than Korea.”

Therefore, whether an organization constitutes “an anti-government organization” should be determined depending on whether the organization represents the government of the Republic of Korea or disturbs the Republic of Korea, and it should not be determined as to whether the organization has obtained approval from the international community, such as UN.

Therefore, North Korea is in the international community.