National Security Act (South Korea)

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National Security Act
Hangul 국가 보안법
Hanja 國家保安法
Revised Romanization Gukga Boanbeop
McCune–Reischauer Kukka Poanpŏp

The National Security Act is a South Korean law enforced since 1948 with the avowed purpose "to secure the security of the State and the subsistence and freedom of nationals, by regulating any anticipated activities compromising the safety of the State." [1] However, the law now has a newly inserted article that limits its arbitrary application. "In the construction and application of this Act, it shall be limited at a minimum of construction and application for attaining the aforemetioned purpose, and shall not be permitted to construe extensively this Act, or to restrict unreasonably the fundamental human rights of citizens guaranteed by the Constitution." [1]

In 2004, legislators of the then-majority Uri Party made a gesture to annul the law, but failed in the face owing to Grand National Party opposition. Some poll results in 2004-2005 from the media cartel informally dubbed Chojoongdong show that more than half of the Korean people are against the abolition of the act and, so, the dispute continues.[2][3]

Purpose[edit]

The Anti-Government Organization the law aims to suppress indicates "a domestic or foreign organization or group which uses fraudulently the title of the government or aims at a rebellion against the State, and which is provided with a command and leadership system."[1]

In other words, it made communism illegal; recognition of North Korea as a political entity; organizations advocating the overthrow of the government; the printing, distributing, and ownership of "anti-government" material; and any failure to report such violations by others illegal. It has been reformed and strengthened over the past few decades, with the Anti-communism Law being merged with it during the 1980s.[1][4]

National Security Act can be viewed as a product of the Cold War and National Division of Korea. After World War II, Korea politics was polarized between left and right by the Cold War, forcing Koreans to adopt the ideology of being left or right. This created “one nation-two states” on the Korean peninsula. Korean War, between 1950 and 1953, resulted in South Koreans to internalize and embrace anti-communist doctrines and brought about the legislation of National Security Act. [5]

This law has been acknowledged by some South Korean politicians and activists as a symbol of the anti-communism of South Korea's dictatorial First Republic and a potential restriction on freedom of speech since the law not only regulates activities that directely threaten the safety of the State but also punishes those who praise or incite an anti-state group. Indeed, according to a report written by Amnesty International, the article of the most widely used clause of the National Security Act is:

Any person who praises, incites or propagates the activities of an antigovernment organization, a member thereof or of the person who has received an order from it, or who acts in concert with it, or propagates or instigates a rebellion against the State, with the knowledge of the fact that it may endanger the existence and security of the State or democratic fundamental order, shall be punished by imprisonment for not more than seven years[6]

Administration[edit]

The South Korean High Court has a ruling history since 1978 that has classified 1,220 books and print material as "Enemy's Expressions" by force of precedence. Two state-established research institutes decide what books and print materials meet the criteria of "Enemy's Expressions": the Democratic Ideology Institute, established in 1997 under the direct orders of the Chief Prosecutor, and the Public Safety Affairs Institute of the Korea National Police University.

However, since the early 1990s, the Public Prosecutor's Office has chosen not to bring any citizens (or publishers) to the courts for what's deemed by common sense as not risky.[vague] Courts still invoke the law when increasing fines or years in prison for political charges against what the South Korean state deems subversive groups.

Japanese lawyer Suga Matsuyuki has called for the Japanese government to recognize its involvement in North Korean spies in Japan.[7]

Military[edit]

During the Lee Myung-bak government, some South Korean military officers were arrested for suspected pro-North Korean or pro-Marxist-Leninist activities.[8]

Controversies[edit]

Some scholars and international organizations also have negative view towards the law. Some argue that National Security Act has been justifying the violation on human rights under the name of defense against the threat of North Korea and that it functions as an obstacle for peaceful reunification with North Korea. [5]

Amnesty International reported that 90 people were charged under the law in 2011, increasing by 95.6% between 2008 and 2011. It criticated National Security Act for using itslef as a tool to " harass and arbitrarily prosecute individuals and civil society organizations who are peacefully exercising their rights to freedom of expression, opinion and association." and to " remove people who are perceived to threaten established political views, to prevent people from taking part in discussions surrounding relations with North Korea." [6]

In 1998, Mr. Ha Young-Joon (하영준), a graduate student at Hanyang University formerly active with the International Socialists movement, was tried and sentenced to 8 months in prison for having summarized and made available online Chris Harman and Alex Callinicos's main writings on South Korea's national BBS network, in violation of NSA Article 7 Clauses 1 and 5.

In 2002, Mr. Lee, a new recruit in the South Korean army, was sentenced to two years in prison for having said, "I think Korean separation is not North Korean but American fault" to fellow soldiers. The Military Prosecutor's Office could not charge him for what he had said, but it searched Mr. Lee's civilian house and found various books and charged him in violation of the NSA under Article 7, Clauses 1 and 5.

Other well-known uses of the National Security act include the 1999 banning of the students' union Hanchongryun and the 2003 spy case against Song Du-yul, a Korean living in Germany. The severest penalty that could be given according to NSL is the death penalty. The best-known example of death penalty is in People's Revolutionary Party Incident.

  • On June 12, 2011, the South Korean government officially apologized to the family members of South Korean citizen, Kim Bok-jae who was wrongfully accused of being a spy for North Korea under the NSA.[9]
  • On August 15, 2011, the South Korean government officially apologized to a 54 year old South Korean citizen, Ku Myeong-u (구명우) who was wrongfully accused of being a spy for North Korea by working in a Chongryon-affiliated company in Japan.[10]
  • On September 23, 2011, the Seoul High Court officially apologized to Zainichi Koreans Kim Jeong-sa (김정사) and Yoo Seong-sam (유성삼) who were wrongfully accused as spies during the Zainichi Korean Spy Incident.[11]
  • On October 10, 2011, the Changweon Regional Court formally posthumously apologized to the now-deceased Lee Sang-cheol (이상철) who was a South Korean fisherman who was kidnapped by North Koreans for one year but was wrongfully accused as a spy by the regional prosecutors.[12][13]
  • On November 10, 2011, the Supreme Court made a decision that the South Korean government should compensate the 33 individuals who were involved in the Osonghoe Incident (오송회 사건) in 1982.[14]
  • On December 25, 2011, the Gwangju High Court issued an apology to two South Korean fishermen (one deceased) with the last names of Kim and Lee who were wrongfully accused for being North Korean spies during the fourth and the fifth republic.[15]
  • On May 22, 2012, the Supreme Court of South Korea issued an apology to the deceased Byeon Du-gab (변두갑) who was wrongfully arrested for an alleged spying for a North Korean spy in 1970.[16]

Criticism[edit]

  • The Journalists Association of Korea made an official statement in 2007 that the National Security Act keeps maintaining South Korea as "a third world country on human rights".[17]
  • Rhyu Si-min of the People's Participation Party was interviewed by the Pyeonghwa Bangsong (평화방송) radio and criticized the existence of the NSA as "a 60 year old political tool" of public oppression that is used by the Lee Myung-bak government.[18]
  • One of the 33 victims of the Osonghoe Incident, Chae Gyu-gu (채규구), said that "the National Security Act must disappear" in order to stop accusing innocent South Korean citizens in the future.[14]
  • Louisa Lim of the NPR had posted criticism towards the National Security Act and its broadened usages under the President Lee Myung-bak.[19][20]

See also[edit]

References[edit]

  1. ^ a b c d 국가보안법, Korea Ministry of Government Legislation Accessed 6 Oct, 2014.
  2. ^ The Chosun Ilbo article - National Security Act: Amendments rather than Abrogation - 57% (in Korean)
  3. ^ The Dong-A Ilbo article (in Korean)
  4. ^ 반공법, Korea Ministry of Government Legislation Accessed 7 Oct, 2014.
  5. ^ a b [Cho, 2997], Tension Between the National Security Law and Constitutionalism in South Korea: Security For What. BU Int'l LJ, 15, p.125..
  6. ^ a b Amnesty International, THE NATIONAL SECURITY LAW CURTAILING FREEDOM OF EXPRESSION AND ASSOCIATION IN THE NAME OF SECURITY IN THE REPUBLIC OF KOREA.
  7. ^ Kim (김), Min-gyeong (민경) (2011-03-15). 재일동포 간첩 조작, 일본정부도 책임. The Hankyeoreh (in Korean). Retrieved 2011-10-30. 
  8. ^ Kwak (곽), Jae-hun (재훈) (2011-03-15). 위관급 장교 또 '국보법 위반' 기소…軍 매카시즘 바람. Pressian (in Korean). Retrieved 2012-02-10. 
  9. ^ Lee (이), Ung (웅) (2011-06-12). `좌익활동 옥살이. Yonhap News (in Korean). Retrieved 2011-09-24. 
  10. ^ Na (나), Hwak-jin (확진) (2011-08-18). `간첩 누명' 구명우씨 24년만에 무죄. Yonhap News (in Korean). Retrieved 2011-09-24. 
  11. ^ Na (나), Hwak-jin (확진) (2011-09-23). 재일동포 간첩사건 34년만에 무죄. Yonhap News (in Korean). Retrieved 2011-10-30. 
  12. ^ Kim (김), Jeong-hun (정훈) (2011-10-20). ‘간첩 누명’ 납북어부, 27년 만에 무죄. The Kyunghyang Sinmun (in Korean). Retrieved 2011-10-21. 
  13. ^ Park (박), Yu-ri (유리) (2011-10-28). 죽은 어부의 절규 … "나는 간첩이 아니다". Kuki News (in Korean). Retrieved 2011-11-19. 
  14. ^ a b Im (임), Sang-hun (상훈) (2011-11-11). "이 땅에서 빨갱이로 몰려 산다는 것은" 오송회 사건 피해자의 절규. Nocut News (in Korean). Retrieved 2011-11-12. 
  15. ^ Sohn (손), Sang-weon (상원) (2011-12-25). 납북어부 간첩사건 연루 2명 재심서 무죄. Yonhap News (in Korean). Retrieved 2012-01-15. 
  16. ^ Park (박), Su-jin (수진) (2012-05-22). 대법, 간첩 누명 故변두갑씨 27년만에 무죄 확정. Yonhap News (in Korean). Retrieved 2012-05-22. 
  17. ^ 국보법 존속은 인권 후진국 자처하는 것. Journalists Association of Korea (한국기자협회) (in Korean). 2007-05-23. Retrieved 2011-11-19. 
  18. ^ Chin (진), Na-ri (나리) (2011-08-01). "유시민 "MB정권, 60년 묵은 국보법 악용 또 발동"". Newsface (in Korean). Retrieved 2011-10-05. 
  19. ^ Lim, Louisa) (2011-12-01). "In South Korea, Old Law Leads To New Crackdown". National Public Radio. Retrieved 2011-12-03. 
  20. ^ Kwon (권), Min-cheol (민철); Lee Ji-hye (이지혜) (2011-12-03). "美 방송, "MB정부서 매카시즘 공포" 매섭게 비판". Nocut News (in Korean). Retrieved 2011-12-03. 
  • Park(박), Jae-kyu(재규) (2009-06-07). "Time to change Security Act". Yonhap News.

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