Ⅰ. Guaranteeing the Fundamental Human Freedoms: 2. Freedom of Expression
B. Main Topics
1) Discussion of the Abolition of Article 7 of the
[National Security Act]
A) Persistent Controversy Over the Abolition and Unconstitutionality of the
[National Security Act]
In September 2021, the head of a publishing company that published a memoir
of Kim Il-Sung was charged by the prosecutors’ office for violating Article 7
(Praise, Incitement) of the National Security Act. The book was determined to be a
material benefiting the enemy by the court, and the police began an investigation
by searching the publishing company and the home of the publisher. Many civic
groups are criticizing the [National Security Act] as violating the freedom of press
and publication guaranteed by the Constitution.35)
The [National Security Act] restricts fundamental personal rights, such as the
freedom of conscience and expression to achieve ‘national security,’ and most
provisions have heavy legal consequences. This law was enacted on Dec. 1, 1948,
at the first National Assembly, and went through several changes; however, this
law is still under controversy for violation of basic rights, etc. The NHRCK also
recommended a full abolition of this law on Aug. 23, 2004, as ‘the [National
Security Act] is highly likely to harm a human value and dignity for violating the
principle of legality, excessive infringement of basic rights, etc.’
North Korea made it clear in 2021 that it will resume its nuclear program and put
the Korean peninsula back in a state of tension. As such, the public opinion that
emphasizes the need for security and the abolition of the [National Security Act] is
premature is being vocalized.
35) Statement from the People’s Action on the Abolition of the National Security Act, “Publication of ‘With the
Century’ is a Violation of the National Security Act? The Reasons to Abolish the National Security Act,” Sept.
29, 2021.
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