South Korea’s Supreme Court upheld an acquittal for the head of a civic organization promoting inter-Korean sports exchanges, who had been charged under the National Security Act.

The defendant had:

Sent a letter praising Kim Jong-il around his birthday in February 2010, and

Sent a condolence wreath to the North Korean embassy in Beijing after Kim’s death in December 2011.


Trial court (1st instance) found him guilty of violating the National Security Act.

Appeals court (2nd instance) overturned that ruling, and the Supreme Court confirmed the acquittal.

The appellate courts ruled that:

The acts did not pose a clear and present danger to South Korea’s national security or democratic order.

There was insufficient proof that the defendant intended to threaten the state.


The letter was described as:

Somewhat excessive in expression,

But ultimately ceremonial and customary given Kim Jong-il’s status in North Korea and the context of inter-Korean exchanges.


The court emphasized the practical reality of inter-Korean engagement:

Maintaining smooth relations with North Korean counterparts was considered necessary to continue exchange projects.


However, the defendant was not fully cleared:

He was found guilty of violating the Inter-Korean Exchange and Cooperation Act and embezzlement-related offenses.

These included:

Sending ₩60 million worth of soccer shoes to North Korea without approval, and

Exporting about USD 300,000 in government subsidies to China without customs declaration.



For these violations, the court imposed a ₩10 million fine.

Prosecutors and the defendant both appealed, but the Supreme Court dismissed all appeals, fully affirming the appellate ruling.

The case clarifies an important legal boundary:

Symbolic or diplomatic expressions, even toward North Korean leaders, do not automatically constitute criminal praise under the National Security Act.

What matters is whether the conduct clearly threatens state security, not mere offensiveness or symbolism.

Article: https://mnews.sbs.co.kr/news/endPage.do?newsId=N1008387866&plink=ORI&cooper=NAVER