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(영문) 대법원 2013.09.26 2013도7068
국가보안법위반(잠입ㆍ탈출)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Judgment on the Defendants’ grounds of appeal

A. As to the grounds of appeal on the unconstitutionality of the National Security Act, North Korea’s anti-government organizations and C (hereinafter “C”), North Korea’s grounds of appeal on the duality of North Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s development of inter-Korean relations, unless the law is maintained, the National Security Act’s purpose of securing the security of the State and the survival and freedom of citizens by regulating anti-state activities that may endanger the national security, cannot be deemed to have violated the Constitution or has lost its normative power. Furthermore, the provision of the National Security Act can be reasonably interpreted in light of the purpose of the law.

The freedom of conscience, freedom of press publication, etc. are fundamental rights guaranteed by the Constitution of the Republic of Korea, but there is no restriction, and if necessary for the national security, maintenance of order, or public welfare pursuant to Article 37(2) of the Constitution, it may be restricted to the extent that it does not infringe on the essential contents of the freedom and rights.

Since the legislative purpose and application of the National Security Act can be limited to the extent that it does not infringe on the essential contents of freedom and rights, the National Security Act shall not be deemed to violate the Constitution.

Although North Korea is a partner of dialogue and cooperation for the peaceful unification of South and North Korea, on the other hand, despite the changes in the relationship between South and North Korea, North Korea still has the character of anti-government organization which is bound to wear our liberal democracy system while enhancing the hostile unification route in spite of the changes in the relationship between South and North Korea.

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