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TITLE | Supreme Court Decision 2007Do10121 Decided December 9, 2010[Violation of the National Security Act (Praise, Encouragement, etc.)] [full Text] |
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Summary | |
[1] Characterization of North Korea as an anti-government organization, the power of the National Security Act as regulation, and the constitutionality of the Act [2] The method of determining whether an actor has a purpose of pro-enemy act which falls within the scope of Article 7 (5) of the Act as to crimes related to materials containing pro-enemy expressions [3] The lower court properly held that the university professor defendant indicted for composing and distributing a thesis entitled ""Korean war and unification of Korean people"" which was deemed to be materials containing pro-enemy expressions, has a purpose of committing pro-enemy act [4] The lower court properly held that pro-enemy expressive materials, such as the thesis ""Korean war and unification of Korean people,"" the defendant's lecture notes, and published opinion, were not within the scope of freedom of academic research guaranteed by the Constitution |