Summary of the Decision
1. Void for Vagueness
The “information with a content that commits an activity prohibited by
the National Security Act” refers to information committing acts that
satisfy the elements of a crime set forth in Article 3 or 12 of the
National Security Act or information that constitutes the means, target or
the act itself that comprise the elements of a crime. The present
provisions merely provide that information which contains the acts
prohibited under the National Security Act should be prevented from
circulation by simply considering the contents of the information, and do
not address the issue of whether an inaction of not deleting posted
information by the manager or operator violates the National Security
Act. For this reason, it can be concluded that the present provisions are
not so unclear as to hamper the predictability of offenders or enable
arbitrary execution of administrative agencies, and are therefore not
inconsistent with the principle of void for vagueness.
2. Freedom of Press
The telecommunications network, particularly the Internet, provides
promptness, extensiveness and duplicability of a whole new level
compared to the existing communication tools, and it is highly likely that
ineffective regulation of such anti-state activities posing a threat to
national safety as circulating “information with a content that commits
an activity prohibited by the National Security Act” will rapidly spread
the threat to national safety and people’s life and freedom. Therefore, the
legislative purpose to ban circulation of such information has good
reason.
The decision on whether an activity constitutes an anti-state activity
that jeopardizes national safety is left to the legislature as the people’s
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