The Report on Human Rights Situation in the Republic of Korea
On the other hand, ‘the petition to abolish the National Security Act,’ started by
civil society groups on May 10, 2021 reached 100,000 signatories by the 19th to be
submitted to the National Assembly’s Legislation and Judiciary Committee. Also,
some civil society groups asserted that Article 7 (Praise, Incitement) must first be
abolished, prior to the complete abolition of the Act. Moreover, controversy
surrounding unconstitutionality and the abolishment of the National Security Act
still continues, including Congresswomen Gang Eunmi submitting an agenda to
abolish the National Security Act, etc.
Article 7 (Praise, Incitement) of the National Security Act is subjected to more
controversy and criticism for the possibility of an arbitrary application and the
excessive regulation of individual conscience and expression due to its
abstractness and vagueness. Article 7 of the National Security Act prescribes
criminal penalty for 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
(Paragraph 1) or any person who constitutes or joins an organization aiming at
these acts (Paragraph 3), etc.
Article 7 of the National Security Act was amended after the ruling by the
Constitutional Court on Apr. 2, 1990, Case No. 88HunGa113, and the Constitutional
Court upheld the amended provision on Oct. 4, 1996, Case No. 95HunGa2 and on
Jan. 16, 1997, Case No. 92HunBa6, etc. Nevertheless, there have been 11 cases for
Article 7 filed with the Constitutional Court in 2021.
Recently, there was a case of determining the statements, such as “Drinking
Dadong River Beer is heavenly,” “People are excited about the young leader,” “More
than 2.5 mil. mobile phones are available and even young kids in Pyeongyang are
checking text messages,” etc., as being deemed to endangering the basic order of
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