National Human Rights Commission of Korea Annual Report 2022
protection and promotion of human rights. Since 2006, the Commission has recommended the
establishment of a comprehensive government-wide basic plan for human rights three times.
The proposed recommendations in the Fourth NAP carry 100 key tasks that require urgent
attention or improvements in the next five years (2023-2027). Classified in one of six categories,
the key tasks include protection of vulnerable groups in disasters and accidents (key task 3),
combating hate speech and discrimination (key task 4-6), human rights issues under infectious
disease situations (key task 15, 19, 69, 88), human rights issues in digital environments (key task
14, 54, 71), and the development of AI technology and human rights protection (key task 77-79).
D. Submission of Opinion to the Constitutional Court regarding
Constitutional Challenge to Article 7 of the National Security Act
On August 31, in relation to the constitutional appeal against the National Security Act (11
cases including Case No. 2017Hun-Ba42), the Commission decided to submit the opinion to the
Constitutional Court that paragraph (1), (3) and (5) of Article 7 of the National Security Act are
unconstitutional as they violate the principles of clarity, proportionality, as well as international
human rights law, and infringe upon the freedom of expression, freedom of thought, and
conscience.
The National Security Act has been revised seven times since it was enacted by the first
Constituent National Assembly in 1948, but concerns about infringement of the freedom of
expression and other basic rights have persisted, leading to demands for its abolition or revision
from the political sphere, civil society, and the international community. Since recommending
the abolition of the National Security Act in 2004, the Commission has consistently raised this
issue, including recommending its revision or abolition in the First to Fourth NAPs.
In a constitutional judgment on the constitutionality of Article 7 of the National Security
Act on April 2, 1990, the Constitutional Court (Case No. 89Hun-Ka113) ruled that, while
some terms like members, activities, and confederacy in the old National Security Act were
excessively ambiguous and had too broad an application, the Act is partially constitutional
to the extent that it is understood to be applicable only in cases where there is a clear risk to
the fundamental principles of a free and democratic. Based on this decision, Article 7 of the
National Security Act was revised in 1991, and the Constitutional Court has continued to rule
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