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.
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