[Editorial] No Unilateral Disarmament

The Supreme Court expressed its opposition against the abolition of the National Security Law, saying, “We have to take a prudent attitude concerning measures causing unilateral disarmament” after its guilty ruling that applied the National Security Law at a trial of Korean student activists.

We agree with the Supreme Court’s judgment that the total abolition of the National Security Law related to unilateral disarmament is dangerous at this moment as long as the articles of the North Korean Labor Party do not give up their sovietized unification against South Korea. It is reasonable to keep the laws in any form in order to protect a democratic system from North Korea’s strategy to sovietize South Korea.

It is unprecedented to see the Supreme Court disclosing long sentences of reasons for judgment after introducing its discussion of the abolition of the National Security Law. This implies concerns about the total abolishment of the National Security Law proposed by the ruling party and a corner of society. It is possible for a judge to express its opinion of the applied law in the course of explaining reasons for judgment even though some lawyer and civic groups insist that it is a violation of legislative right to state its opinion of whether to keep the National Security Law or to nullify it on the basis of judgment.

Concerning the National Security Law, there are diversified views in addition to the idea of abolishment, such the notions of amendment, alternative legislation, criminal-assimilated integration, and preservation of the current law. The Constitutional Court considered Article Seven of the National Security Law as constitutional, but judged some articles with elements of infringement of human rights unconstitutional. Accordingly, it became difficult to maintain the current National Security Law completely. It is a technical issue whether or not to include the intention of judgment made by the Constitutional Court and the Supreme Court in any form by removing the elements of infringement of human rights.

The National Human Rights Commission of Korea recommended abolishment of the National Security Law. However, Minister of Justice Kim Seung-gew stated that we have to be prudent concerning the abolition of the National Security Law. It is undesirable to have a separated public opinion because of the law. Some elements with infringement of human rights should be amended while we maintain necessary articles to protect a democratic system through the mutual agreement between both ruling and opposition parties.