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TITLE [Violation of the National Security Act..]Supreme Court en banc Decision 2004Do4899 Delivered on April 17, 2008 [full Text]
Summary
[1] Whether the act of the citizen of the Republic of Korea who had resided in a foreign country and entered into the area governed by anti-government organization constitutes an ""escape"" under the Article 6 (2) of the National Security Act (affirmative) [2] Whether the act of a foreigner who had resided in a foreign country and entered into the area governed by anti-government organization constitutes an ""escape"" under the Article 6 (2) of the National Security Act (negative) [3] The case holding that in case where the citizenship of the Republic of Korea residing in Germany visited North Korea around the time of loss of Korean citizenship, such act constitutes an escape before the loss of the citizenship of the Republic of Korea and does not so after the loss of the citizenship of the Republic of Korea [4] Whether the act of violating the National Security Act constitutes a foreigner's out-of-the-state crime where a foreigner upon receipt of secret order of North Korea visited a North Korean representative agency in the foreign country and met a North Korean agent in that place and thereby violated the National Security Act (affirmative)
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