National Security Act (South Korea)
Encyclopedia
The National Security Law is a South Korean law
which has the avowed purpose "to restrict anti-state acts that endanger national security and to protect [the] nation's safety and its people's life and freedom."
Based on the Law for Maintenance of the Public Security of the Japanese Korea, it was passed in 1948, and made illegal both communism
and recognition of North Korea
as a political entity. It has been reformed and strengthened with the passing of the times. The Anti-communism Law was merged into the National Security Law during the 1980s.
This law is acknowledged by some South Korean politicians and activists as a symbol of the anti-communism
of South Korea's First Republic
and its dictatorial period of 1964-1987. In 2004, legislators of the Uri Party
, then with a majority, made a gesture as to annul the law, but failed owing to Grand National Party
opposition. Some poll results in 2004-2005 from the media cartel called Chojoongdong
, which is biased toward the South Korean legal fields and conservative
political parties, allegedly show that more than half of the Korean people are against the abolition of the act, and the dispute continues.
This law has been regularly blamed for restricting freedom of speech
:
This law encourages McCarthyism
in the military
since the first half of 2011.
Two state-established Research Institutes decide what books and print material meet the criteria of "Enemy's Expressions": the Democratic Ideology Institute, established in 1997 and under the direct orders of the Chief Prosecutor, and the Public Safety Affairs Institute of the Korea National Police University
.
However, since 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. 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, called for the Japanese government to recognize its involvements of North Korean spies in Japan.
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 2 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 Article 7 Clauses 1 and 5.
Other well-known uses of the National Security act include the 1999 banning of 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 People's Revolutionary Party Incident
.
On June 24th, the Gyeongnam National Police Agency imprisoned the administrator who had run a refugee pro-North internet group, Cyber Headquarter of National Liberation Sub-Chapter (사이버 민족방위사령부 별관).
On July 10th, the prosecutors
investigated a researcher in Korea Higher Education Research Institution (한국대학교육연구소) under the National Security Act for allegedly connecting with the North Korean government.
On July 29th, prosecutors arrested the ringleader of an pro-North underground political party called the Wangjaesan Party. On August 25th, 2011, the SPO
presented to the public about their alleged plan of destorying public buildings and uniting the South Korean left-wing political parties. One of the electronic systems made by the Wangjaesan Party had almost been installed in an apartment complex of a relative of Lee Myung-bak
.
On August 1st, the prosecutors of the military division prosecuted a Korean history instructor of the Korea Naval Academy
for searching for works of Kim Jong-il and Kim Il-sung on the internet and possessing works such as of Marx and Lenin.
On August 4th, the Gyeonggi-do Provincial Police Agency indicted, Mr. Hwang, the former administrator of Cyber Headquarter of National Liberation (사이버민족방위사령부) in court for saying "long live Kim Jong-il" in court.
On November 10th, the Seoul District Public Prosecutor´s Office Public Security Directorate #2 indicted four executives of the 6.15 Youth and Student Solidarity for propagating pro-North propagandas.
On November 11th, the National Police Agency indicted a former military officer who had run an pro-North Korean internet group.
South Korean law
The legal system of South Korea is a civil law system that has its basis in the Constitution of the Republic of Korea.-History:The South Korean legal system effectively dates from the introduction of the original Constitution of the Republic of Korea and the organization of South Korea as an...
which has the avowed purpose "to restrict anti-state acts that endanger national security and to protect [the] nation's safety and its people's life and freedom."
Based on the Law for Maintenance of the Public Security of the Japanese Korea, it was passed in 1948, and made illegal both communism
Communism
Communism is a social, political and economic ideology that aims at the establishment of a classless, moneyless, revolutionary and stateless socialist society structured upon common ownership of the means of production...
and recognition of North Korea
North Korea
The Democratic People’s Republic of Korea , , is a country in East Asia, occupying the northern half of the Korean Peninsula. Its capital and largest city is Pyongyang. The Korean Demilitarized Zone serves as the buffer zone between North Korea and South Korea...
as a political entity. It has been reformed and strengthened with the passing of the times. The Anti-communism Law was merged into the National Security Law during the 1980s.
This law is acknowledged by some South Korean politicians and activists as a symbol of the anti-communism
Anti-communism
Anti-communism is opposition to communism. Organized anti-communism developed in reaction to the rise of communism, especially after the 1917 October Revolution in Russia and the beginning of the Cold War in 1947.-Objections to communist theory:...
of South Korea's First Republic
First Republic of South Korea
The First Republic of South Korea was South Korea's first independent government, ruling the country from 1948 to 1960. It succeeded USAMGIK, the United States military government, which ruled the area from 1945 to 1948. The First Republic was established on August 15, 1948, with Syngman Rhee as...
and its dictatorial period of 1964-1987. In 2004, legislators of the Uri Party
Uri Party
The Yeollin Uri Party , generally abbreviated to Uri Party , was the briefly ruling political party in South Korea with a centrist political ideology...
, then with a majority, made a gesture as to annul the law, but failed owing to Grand National Party
Grand National Party
The Grand National Party is a conservative political party in South Korea. Its Korean name, Hannara, has a double meaning as "Great National" and "Korean National." The GNP holds a majority of seats in the 18th Assembly, lasting from 2008 to 2012....
opposition. Some poll results in 2004-2005 from the media cartel called Chojoongdong
Chojoongdong
Cho-Joong-Dong is a generally negative nickname for the three major newspapers in South Korea, the Chosun Ilbo, Joongang Ilbo and Dong-a Ilbo, which are criticized for a purportedly uniform and conservative editorial stance, and for operating in an allegedly collusive and surreptitious manner...
, which is biased toward the South Korean legal fields and conservative
Conservatism in South Korea
Conservatism in South Korea is generally considered to be primarily represented by the Grand National Party. There are other right-wing parties that used to have ties with the Grand National Party. It is also represented by in-party cliques such as the New Rights...
political parties, allegedly show that more than half of the Korean people are against the abolition of the act, and the dispute continues.
This law has been regularly blamed for restricting freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
:
- Citizens may not join an organization with aims to overthrow the government;
- Citizens may not create, distribute or possess materials that promote anti-government ideas;
- Citizens may not neglect to report others who violate this law.
This law encourages McCarthyism
McCarthyism
McCarthyism is the practice of making accusations of disloyalty, subversion, or treason without proper regard for evidence. The term has its origins in the period in the United States known as the Second Red Scare, lasting roughly from the late 1940s to the late 1950s and characterized by...
in the military
Military of South Korea
The Republic of Korea Armed Forces or ROK Armed Forces, is the armed forces of the Republic of Korea...
since the first half of 2011.
Administration
The easiest to violate are Article 7 Clause 3 (Creation, Importation, Copying, Possession, Transportation, Distribution, and Selling of "Enemy's Expressions") and Article 10. (Knowingly not reporting violations to some articles). 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 material meet the criteria of "Enemy's Expressions": the Democratic Ideology Institute, established in 1997 and under the direct orders of the Chief Prosecutor, and the Public Safety Affairs Institute of the Korea National Police University
Korea National Police University
Korea National Police University is a national university in Yongin, South Korea founded in 1979.-History:*Dec 28, 1979 Official Announcement of the Korea National Police University Establishment Law...
.
However, since 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. 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, called for the Japanese government to recognize its involvements of North Korean spies in Japan.
Notable cases
For instance, in 1998, Mr. Ha Young-Joon (하영준), a graduate student at Hanyang UniversityHanyang University
Hanyang University is one of the most prestigious universities in South Korea. In particular, Hanyang's School of Engineering is one of the oldest engineering schools in Korea. The main campus is Hanyang University at Seoul, located in the Seoul, with its branch campus, the ERICA campus , located...
formerly active with the International Socialists
International Socialists
International Socialists is the name of a number of Trotskyist organizations.Most organisations using this name are in the International Socialist Tendency...
movement, was tried and sentenced to 8 months in prison for having summarized and made available online Chris Harman
Chris Harman
Chris Harman was a British journalist and political activist, and a member of the Central Committee of the Socialist Workers Party...
and Alex Callinicos
Alex Callinicos
Alexander Theodore Callinicos is a Trotskyist political theorist, a member of the Central Committee of the Socialist Workers Party and its International Secretary, and is Director of the Centre for European Studies at King's College London...
'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 2 years in prison for having said "I think Korean separation is not North Korean but American
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
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 Article 7 Clauses 1 and 5.
Other well-known uses of the National Security act include the 1999 banning of students' union Hanchongryun
Hanchongryun
Hanchongryun , also known as the South Korean Federation of University Students Councils, is a pro-North Korea leftist student organization in South Korea. Hanchongryun supports North Korea led unification of Korea, and instigates the Korean college students to overturn the Korean State system...
and the 2003 spy case against Song Du-yul
Song Du-yul
Song Du-yul is a professor of philosophy and sociology at the University of Münster in Münster, Germany. He has been a political exile in Germany from his native South Korea for over 40 years. Educated in South Korea, he left that nation for Germany in 1967 to pursue higher education...
, a Korean living in Germany
Koreans in Germany
Koreans in Germany numbered 31,248 individuals , according to the statistics of South Korea's Ministry of Foreign Affairs and Trade. Though they are now only the 14th-largest Korean diaspora community worldwide, they remain the second-largest in Western Europe, behind the rapidly-growing community...
. The severest penalty that could be given according to NSL is the death penalty. The best-known example of death penalty is People's Revolutionary Party Incident
People's Revolutionary Party Incident
The People's Revolutionary Party Incidents were legal cases in which the South Korean government accused individuals of socialist inclinations according to the Anti-communism Law in 1965 and National Security Law in 1975 .On December 27, 2005, the appeal to this case has been accepted and on...
.
2010
On November 9th, a Hanchongryun staff was arrested for giving information pertaining to student activities to the North Korean government.2011
On March 21st, 3 university students in Seoul were arrested under the National Security Act for making an academic club that critically questions capitalism. Later 2 of the three students were released on the 23rd.On June 24th, the Gyeongnam National Police Agency imprisoned the administrator who had run a refugee pro-North internet group, Cyber Headquarter of National Liberation Sub-Chapter (사이버 민족방위사령부 별관).
On July 10th, the prosecutors
Supreme Prosecutors' Office of the Republic of Korea
The Supreme Prosecutors' Office of the Republic of Korea is a governmental prosecutor organization in South Korea and is run under the Ministry of Justice. As a national representative of prosecutors it works with the Supreme Court of South Korea and below...
investigated a researcher in Korea Higher Education Research Institution (한국대학교육연구소) under the National Security Act for allegedly connecting with the North Korean government.
On July 29th, prosecutors arrested the ringleader of an pro-North underground political party called the Wangjaesan Party. On August 25th, 2011, the SPO
Supreme Prosecutors' Office of the Republic of Korea
The Supreme Prosecutors' Office of the Republic of Korea is a governmental prosecutor organization in South Korea and is run under the Ministry of Justice. As a national representative of prosecutors it works with the Supreme Court of South Korea and below...
presented to the public about their alleged plan of destorying public buildings and uniting the South Korean left-wing political parties. One of the electronic systems made by the Wangjaesan Party had almost been installed in an apartment complex of a relative of Lee Myung-bak
Lee Myung-bak
Lee Myung-bak is the President of South Korea. Prior to his presidency, he was the CEO of Hyundai Engineering and Construction and the mayor of Seoul. He is married to Kim Yoon-ok and has three daughters and one son. His older brother is Lee Sang-deuk, a South Korean politician. He attends the...
.
On August 1st, the prosecutors of the military division prosecuted a Korean history instructor of the Korea Naval Academy
Korea Naval Academy
Republic of Korea Naval Academy is a college located in Jinhae, South Korea.-External links:* /...
for searching for works of Kim Jong-il and Kim Il-sung on the internet and possessing works such as of Marx and Lenin.
On August 4th, the Gyeonggi-do Provincial Police Agency indicted, Mr. Hwang, the former administrator of Cyber Headquarter of National Liberation (사이버민족방위사령부) in court for saying "long live Kim Jong-il" in court.
On November 10th, the Seoul District Public Prosecutor´s Office Public Security Directorate #2 indicted four executives of the 6.15 Youth and Student Solidarity for propagating pro-North propagandas.
On November 11th, the National Police Agency indicted a former military officer who had run an pro-North Korean internet group.
Apologies
- On June 12th, 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.
- On August 15th, 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 ChongryonChongryonThe General Association of Korean Residents in Japan , abbreviated to Chongryon The General Association of Korean Residents in Japan (Chae Ilbon Chosŏnin Ch'ongryŏnhaphoe in Korean or Zai-Nihon Chōsenjin Sōrengōkai in Japanese), abbreviated to Chongryon The General Association of Korean Residents...
-affiliated company in Japan. - On September 23rd, 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.
- On October 10th, 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.
- On November 10th, 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.
Criticism
- 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 rightsHuman rights in South KoreaHuman rights in South Korea have evolved significantly from the days of military dictatorship and reflects the state's current status as a constitutional democracy...
". - Rhyu Si-minRhyu Si-minRhyu Si-min is a South Korean politician who served as the 44th Minister of Health and Welfare from February 2006 to May 2007. Before starting his political career since August 2002, he was a journalist of Dong-a Ilbo and The Hankyoreh, with having his continuous progressive and liberal attitudes...
of the People's Participation PartyPeople's Participation PartyThe Participation Party is a political party of South Korea. It was formed by many of the former members of the Uri Party after the death of former President Roh Moo-hyun. It has since attracted a large following on the internet. Rhyu Si-min was elected as Party Chairman on March 19, 2011. Since...
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 governmentLee Myung-bak governmentThe Lee Myung-bak government is sixth consecutive government of the Sixth Republic of South Korea. It was officially launched on February 25th, 2008, under Lee Myung-bak's victory in the 2007 presidential election...
. - 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.
See also
- List of Korea-related topics
- Government of South KoreaGovernment of South KoreaThe Government of South Korea is divided into executive, judicial, and legislative branches. The executive and judicial branches operate primarily at the national level, although various ministries in the executive branch also carry out local functions. Local governments are semi-autonomous, and...
- Politics of South KoreaPolitics of South KoreaPolitics of the Republic of Korea takes place in the framework of a semi-presidential representative democratic republic, whereby the President is the head of state, and of a multi-party system. Executive power is exercised by the government. Legislative power is vested in both the government and...
- Division of KoreaDivision of KoreaThe division of Korea into North Korea and South Korea stems from the 1945 Allied victory in World War II, ending Japan's 35-year colonial rule of Korea. In a proposal opposed by nearly all Koreans, the United States and the Soviet Union agreed to temporarily occupy the country as a trusteeship...
- National Intelligence Service (South Korea)National Intelligence Service (South Korea)The National Intelligence Service is the chief intelligence agency of South Korea. The agency was officially established in 1961 as the Korea Central Intelligence Agency , during the rule of President Park Chung-hee's military Supreme Council for National Reconstruction, which displaced the...