Administrative and Judiciary Branches Lean Towards Preserving National Security Law

With the exception of the National Human Rights Commission of Korea (NHRCK), most organs of the administration and judiciary branch favor preserving the national security law.

Minister of Justice Kim Seung-gyu said at a press conference on August 9, “All countries have legal systems to defend and protect their national security from forces that threaten to destroy it,” hence hinting at the preservation of the national security law. However, he also said, “I will offer an opinion on how the law should be amended to fit the present situation when the National Assembly starts to discuss it.”

The Constitutional Court’s nine judges decided unanimously on August 26 that article 7-1 and article five of the national security law – the former regarding praising and inciting anti-national groups, and the later dealing with the possession of material that benefits an enemy – were constitutional.

The court explained its decision, saying, “Unlike the national security law before 1991, the amended national security law eliminated the ambiguity of definitions and restricted the wide-range applications of the law.” Regarding arguments that acts harming national security can be punished through existing criminal laws, the court commented, “Setting aside criminal law punishing acts to instigate a civil war, the national security law has significance in existing on its own.”

The Constitutional Court’s decision is different from the NHRCK’s recommendation to the Minster of Justice and Chairman of the National Assembly to abolish the national security law, on August 24, two days before the court’s decision, citing, “The national security law has the potential to infringe upon freedoms of thought, conscience, and expression, as well as violating the dignity of mankind.”

The Supreme Court went a step further and presented a verdict strongly emphasizing the preservation of the national security law, which was made public on September 2, on an appeal taking place on August 30 regarding defendants violating the national security law.

The Supreme Court emphasized, “Since the possibility of North Korea overthrowing our society is always open, we should be cautious in disarming ourselves, and there should be limits on permission and tolerance in order to protect our society.

jin0619@donga.com