On September 26, 2023, the Court pronounced the below stated holdings.
1. In a 6-to-3 opinion, it held constitutional both the portion of Article 7, Section (1) of the National Security Act regarding “any person who praises, incites, or propagates … or who acts in concert with it,” which provides penalties for any person who praises, incites, or propagates the activities of an antigovernment organization, a member thereof, etc. or who acts in concert with it, and the portion of Article 7, Section (5) of the National Security Act regarding “any person who manufactures, carries, or distributes … with the intention of praising, inciting, or propagating … or acting in concert with it, as referred to in Section (1),” which provides penalties for any person who manufactures, carries, or distributes any documents, drawings, or other expression materials with the intention of committing pro-enemy actions.
2. In a 4-to-5 opinion, the Court held constitutional the portion of Article 7, Section (5) of the National Security Act regarding “any person who holds or acquires … with the intention of praising, inciting, or propagating … or acting in concert with it, as referred to in Section (1),” which provides penalties for any person who holds or acquires any documents, drawings, or other expression materials with the intention of committing pro-enemy actions.
3. A unanimous Court dismissed the complaints of some Complainants and the claims against Article 2, Section (1) of the National Security Act and the portion of Article 7, Section (3) thereof regarding “any person who joins …”
Justices Kim Kiyoung, Moon Hyungbae, and Lee Mison dissented from Holding 1. As to Holding 2, Justices Yoo Namseok and Jung Jungmi filed an opinion of unconstitutionality, while Justices Kim Kiyoung, Moon Hyungbae, and Lee Mison filed another opinion of unconstitutionality.