201Violation of Inventory 32 Presidential Emergency Decree No. 9

1. A;

2. B

3. C.

4. D;

5. E.

6. F;

7. G.

Defendant B, C, D, E, F, G

Defendant A’s Ha

(Public Trial)

Law Firm I

J., Attorney J

Gwangju District Court Decision 78Gohap151 delivered on August 23, 1978

February 5, 2013

Defendants are not guilty.

1. Summary of the facts charged

A. Defendant A, in collusion with K, L, M, etc. on May 24, 1978, 22:00, using shesheshesheshesheshesheet and color papers on the front stairs of the N University at the N University at Gwangju-dong, Gwangju in a size of approximately 40 cent meters wide, thereby distorting the fact that the head agent is the monopoly system; and

B. Defendant A, B, C, D, etc. in collusion with 0, etc.:

Between June 28, 1978, up to 13:30 on June 28, 1978, approximately 200 students from the same school in front of the Central Library of the Seo-gu P University in Gwangju, to be combined with approximately 200 students from the same school, and to release Qua professor on the subjects of Defendant C; 1. On May 28, 1978, Qua Broadcasting was detained by Qua; 3. Singing the progress of the meeting in the order of singing, etc., and holding a student meeting prohibited under the law. Defendant A, G, R, etc. in collusion with S, K, etc.:

1978. 6. 28. 광주 동구 T 소재 피고인 R 경영의 U 인쇄소에서 “그동안 우리 V 및 P대생 일동은 끊임없는 정치적 자유의 유보와 이에 따른 국민생활의 질곡 및 학원의 정권 놀음적 시녀화를 주시해왔다. 여기서 특히 우리는 학원을 무대로 삼은 정보기간원의 상주 및 이에 따른 교수학생의 학문적 양심의 타락에 대하여 꾸준히 고민해 왔다. 오늘날 전국 각지에서 양심있는 대학생들이 자유와 사회정의를 외치다가 투옥되고 학원을 영원히 떠났을 때에도 우리는 보도기관의 통제로 눈멀고 귀멀어야 했다. 우리가 학원의 시녀화 및 신민화를 규탄하는 까닭은 학원이 곧 미래의 조국번영의 온상이기 때문이다. 만약 여기서 노예가 배출된다면 이 나라는 망하고, 자각된 사명감을 지닌 사람이 나타나면 이 나라의 미래를 동해바다처럼 밝아올 것이다. 학우여! 야윈 주먹일 망정 굳게 쥐고 일어서자. 이미 우리 조국은 경제적으로 일제의 재식민지화의 재물이 되어있고 자주성을 상실한 정권은 반민족적 세력의 선봉이 되어있지 않느냐!! 그동안 침묵만 하고 있는 줄 알았던 우리의 스승들이 민주교육 선언에 일어선 쾌거는 암흑을 깨치고자 일어선 자각이요. 양심의 회복이었다. 더불어서 이런 양심적 처사를 억압한다.는 것은 민주질서에 위배되는 행위이다. 그런데 최근 며칠에 걸쳐 Q, W, X교수 등 11명의 교수들이 연행된 사태는 학원의 민주화가 짓밟히고 학문적 양심을 지켜갈 수 없음을 말해주는 충분한 증거다. 이에 V 및 민주 P대생은 이와 같은 불법적 처사를 적시하며 즉각 연행된 교수님들을 석방함은 물론 제반학원 민주화는 조속히 달성할 것을 선언한다. 6천 학우여! 7백만 근로대중이 질곡에 처해 있음은 물론 우리들 젊음의 터전 P대학교는 정보기관의 발바닥 밑에 깔려 있으며, 전 국민적 신망을 잃은 정권의 시녀가 되어 버렸다. 그리고, 그것에 맞서서 일어설 사람은 없다. 우리들의 흘린 피가 아니고는 없다. 일제히 일어서서 먹구름 뒤의 푸른 하늘을 보자! 우리의 요구

1. To release each professor of the Declaration of Democratic Education;

2. To abolish the teaching system; and

3. To close the consultation and guidance room; and

4. A private teaching institute and temple: (a) a resident information center member in the school suspends the inspection of a private teaching institute on May 1, 201, i.e., a Y, Z, AAB, AC, and AD shall pass a resolution with the pride of a democratic student to continue the strike of refusal of class, refusal of examination, and short-term farming, etc. until the demand is achieved; and (b) a 3,000 letter of the Preliminary Democratic Student Declaration of Professor of conscience (PPP) and a Korean-style society worthy of human beings still remains one of our reality. Accordingly, it is the way to educate human beings with the end of this reality. However, these education still remains in the el of our society because it is difficult for the education of young children to know and improve this reality without compensation, and it is difficult for them to open to the free will and to find out the public peace and dignity of human beings who have made it difficult for them to be able to open to a free will, and it is difficult for them to open to a free competition and free will.

In light of our conscience and culture, our today's education failure has been unbrupted in democracy that enables all citizens inside and outside of the educational community to achieve voluntary conformity. The national education site is the first place where such failure is collected, which is against the fundamental spirit of democratic religion and the procedure for declaring such failure itself is against the fundamental spirit of democratic religion and the educational rule of Japan. In addition, there is a problem that is emphasized in that the education of patriotic petities, which is being emphasized in that situation, can not be matched. In the world history of the past, it seems that it appears that it appears in one time at the world, and that our education failure is fluent with the view of nationalism, and that it is difficult to find ice in the anti-national culture, and that it is hard to say that it is against the social justice and political justice based on the anti-nationalism, and that it is difficult to promote social justice and political justice.

It is not helpful to real security. Whether a country that leads to the success of democracy with lack of democracy practice is not aware of a failed history? We want to practice a decent society in this land? We have the mission to act in a lusent and wisely, in the domestic and foreign history in which they live, and to act in a lusent manner. Accordingly, our educators agree on the following our educational indicators by looking at the difference between the difference between the current position and other human life, education, and society.

1. Our daily life and educational institutes, which are the site of education, should be humanized and democratization in order to properly conduct education respecting persons rather than substances, and education to cultivate and teach truth.

2. In the first step of the humanization and democratization of a private teaching institute, educators must teach students as a realistic cohesion of human conscience and democracy and cultivate students together with them;

3.There shall be resistances to the sacrifice of university persons who teach truth, teach outside interference in work and interfere with such interference.

4.3.1 It is hard to say that the term "education is carried out to cultivate national capabilities for the unification of well-being," based on the spirit of 4.19 well-grounded, and that "it is hard to find out that there have been continuous reservation of political freedom, and that there has been constant consideration of the crypological mals of professors "I will ................., our educational culture will distort our society's own mind and ties........, we will be able to find out that there has been no anti-national mind that we will distort with their own mind". It goes against democratic order.

(d) Defendant A, B, C, D, AE, AF, E, and others jointly:

On June 29, 1978 between 12:00 and 20:30 on June 29, 1978, the Central Library of P University and 500 students of P University in P University as described in the above paragraph (b) are combined, and (b) is distributed by reading out 6,00 articles printed in our educational index and reading out 6,00 articles printed in our educational index, and “the professor of Democratic Education Declaration, i.e., e., the professor of Democratic Education Declaration, i., the professor of Democratic Education Declaration,” and “the professor of the Teaching Institute,” and the Information Institute Member of the Educational Institution in the Teaching Team, “each professor, i.e., the professor of P University,” was removed from relief, and was removed from violence, thereby prohibiting the assembly and demonstration of students under the law.

2. Determination

(a) a measure where a repealed penal law is unconstitutional or invalid;

In principle, in a case where the statutes applicable to a criminal facts have been abolished in a case where a new trial was commenced, a judgment of acquittal shall be rendered by applying Article 326 subparagraph 4 of the Criminal Procedure Act to the facts constituting an offense. However, in a case where the penal law retroactively loses its effect due to the decision of unconstitutionality by the Constitutional Court or the court declares that a public prosecution has been invalidated by applying the pertinent statutes, a judgment of innocence shall be rendered against the accused case pursuant to Article 325 of the same Act. Thus, even if the penal law was repealed at the time of a new trial, if the "depristion" was against the statutes that have no effect due to the first violation of the Constitution, it shall be deemed that the case constitutes grounds for innocence unless it is "a crime under the former part of Article 325 of the same Act" (see Supreme Court en banc Decision 20

C. Whether a presidential emergency measure (hereinafter referred to as “emergency measure No. 9”) aimed at protecting the national security and public order is unconstitutional

Inasmuch as the state’s emergency power should be exercised within the minimum necessary to eliminate the direct cause of the crisis when the state faces a serious crisis, it must comply with the requirements and limitations for the issuance of the Constitution that provides for the state’s emergency power, the emergency power provided for in Article 53 of the former Constitution (wholly amended by Act No. 9 of Oct. 27, 1980; hereinafter referred to as the “former Constitution”) cannot be an exception. Article 53(1) and (2) of the former Constitution limits the exercise of the emergency power to “natural or serious financial crisis, or national security or public peace and order, is likely to be seriously threatened or threatened,” and it limits the exercise of the emergency power to overcome it when it is necessary to take prompt measures.

However, the contents of Emergency Measures No. 9 issued on the basis of the Emergency Measures are all the acts of openly slandering or disseminating the contents of a will, or producing, distributing, selling, possessing, or displaying the contents of a will through public radio waves means, such as assemblies, demonstrations or newspapers, newspapers, broadcasting, drawings, and music records, etc., or of asserting, opposing, duplicating, or impairing the Constitution of the Republic of Korea by means of public radio waves, such as documents, drawings, pictures, and music records, or other expressions such as documents, drawings, pictures, and music records, or the acts of instigating, opposing, opposing, duplicating, or publicizing the Constitution of the Republic of Korea, such acts as guiding or supervising the school authorities, classes conducted under the guidance and supervision of the head of the school, or other ordinary nonpolitical activities (each subparagraph of paragraph (1)), excluding ordinary and nonpolitical activities, and the acts of openly harming the student’s assembly, demonstration or political participation, or the acts of openly disseminating, distributing, selling, possessing, or displaying the contents thereof by means of broadcasting, reporting or any other means (2).

A person who violates the above provision may arrest, detain, seize, or search without a judge's warrant (paragraph 8). It is evident that the discussion on the new constitution itself is completely prohibited or that it is intended to suppress the people's resistance to the so-called physical system, thereby deviating from the limitations for the purpose of emergency measures. Moreover, it cannot be said that domestic and foreign political situation and social situation at the time of the issuance of the above emergency measures are subject to the consent of emergency measures, and it does not constitute a situation where there is a risk of serious threat directly affecting the national or national security. Thus, the emergency measures issued in such circumstance are in violation of the requirements of Article 53 of the new Constitution.

In addition, Emergency Decree No. 9 limits the right to petition, etc. as stipulated under Article 23 of the 1999 Constitution (current Article 26 of the 1999 Constitution) by denying the principle of a constitutional state by restricting the freedom of expression as stipulated under Article 18 of the 1999 Constitution (current Article 21 of the 21 of the 1999 Constitution) and completely excluding the warrant requirement, and prohibiting the act of denying or explicitly filing a petition for abolition of the 1999 Constitution. Thus, Emergency Decree No. 9 restricts the right to petition, etc. as stipulated under Article 23 of the 1999 of the 1999 Constitution (current Article 12 of the 1999 Constitution). Thus, it infringes on the fundamental rights of the people guaranteed by the Constitution by excessively restricting the freedom and rights of the people beyond the limits for the purpose

3. Conclusion

Therefore, the Emergency Decree No. 9, which served as the basis for instituting a public prosecution against the Defendants, violates the Constitution and becomes null and void. Since the facts charged in this case are not a crime, it is decided as per Disposition by the assent of all participating Justices on the judgment that the Defendants are acquitted under the former part of Article 325

At least the presiding judge

Judges Gangseo-gu

Judges Yang Jin-jin