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that Article 7 is constitutional.
The Commission concluded that Article 7 of the National Security Act is in violation of the
principle of clarity due to the wording’s ambiguity, abstractness, and broad application, and of
the principle of proportionality by punishing without a substantive and realistic evaluation of the
risk posed by acts that endanger the existence, security, or free democratic order of the country.
The Commission also saw the provision as being inconsistent with the International Covenant
on Civil and Political Rights, which South Korea has joined, and is therefore unconstitutional,
and decided to submit its opinion to the Constitutional Court.
E. Recommendation and Opinion Expressed for Expanding the Social
Responsibility of Caregiving
On November 3, the Commission recommended to the Minister of Health and Welfare
to establish and promote a policy to expand integrated nursing and caregiving services as a
universal medical service in order to expand the social responsibility of caregiving. It also
suggested establishing a legal basis and system to manage caregiving personnel.
It recommended that, while all patients admitted to hospital-level medical institutions,
implement policies that expand medical and care services in the patient’s residential area to
reduce social admission to nursing care hospitals. Public medical institutions are advised to
establish a phased and comprehensive expansion plan, focusing on delivering integrated services
in all wards. The Commission also emphasized the need to develop a nursing workforce plan
that can address regional disparities in the nursing workforce.
Caregiving is an inherent aspect of the human experience, encountered by individuals
throughout their lifespan. As such, appropriate and sufficient support systems need to be
established. Additionally, everyone should have the right to receive care regardless of their health
status or economic ability, and the burden of caregiving should be shifted from individuals to
a collective social responsibility. Private caregiving should be integrated into the formal system
so that it is accessible through publicly available services. The Commission believed that it is
necessary to expand integrated services to all wards, ensuring that all patients admitted to the
hospital can receive caregiving as a universal service within the local community.
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including nursing homes, should be able to receive integrated services, it is desirable to