Ⅰ. Guaranteeing the Fundamental Human Freedoms: 2. Freedom of Expression Korea democracy and have deported the people who made these statements as having violated the [National Security Act].36) This shows that the possibility of violating the freedom of expression pursuant to Article 7 of the [National Security Act] still exists and requires social attention. Even though the importance of the national security cannot be denied, the controversy surrounding Article 7 of the [National Security Act] still persists in our society. As such, it is necessary for us to think about whether punishing an individual’s freedom of expression, with only the slight possibility of harming the national security, is proper. B) Article 7 of the [National Security Act] and the Freedom of Expression Problems related to Article 7 of the [National Security Act] should not be regarded as an issue of conflict between the right and the left as related to the national security, and it must be approached as a problem on how to protect the freedom of expression as the basic principle of democracy. Article 7 of the [National Security Act] has the characteristic of a political criminal law that punishes political expressions that are indispensible to democracy for the reason of national security. This is restricting a person’s ideology or realization of conscience, and must be careful when restricting such, as it can infringe on the freedom of expression under the Constitution or the freedom of conscience or ideology, that are absolute basic rights. Even for the purposes of the national security of protection of democracy, in order to penalize a person for a political expression based on the political criminal law, (1) the scope of the action subjected to punishment must be highly clear and 36) The prosecutors’ office suspended the indictment in Jan. 2015, and the Constitutional Court, in Case No. 2015HunMa349, Sep. 30, 2021, determined that the concerned suspension of indictment was arbitrary exercise of right of prosecution, and it violated the petitioner’s right of equality and right to pursue happiness to drop the charge. 43

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