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Article 19
21. The Increase of Imprisonment on Suspected Violations of the National
Security Act
The Government reports that the National Security Act is being strictly applied,
leading to the retention of the number of imprisonment levelling off, which had
previously been on a downward trend since 2005 (para. 286).
According to the data provided by the Supreme Prosecutor's Office, the number of
people charged for violating the National Security Act was 64 (17 imprisoned) in
2007, 46 (16 imprisoned) in 2008, 56 (18 imprisoned) in 2009, 97 (32 imprisoned) in
2010, 90 (19 imprisoned) in 2011, 112 (26 imprisoned) in 2012 and 129 (38
imprisoned) in 2013 and 57 (7 imprisoned) in 2014. According to the data provided
by the National Police Agency, among 90 people of 103 were apprehended from
2013 January to September, and, in 2012, among 95 of 109 people were arrested on
the grounds for violating Article 7 (Praise, Incitement) of the National Security Act,
which is a controversial article in that it may infringe on human rights such as
freedom of thought and conscience.
In 2004, the NHRCK recommended the abolishment of the National Security Act
on the grounds that it violates the principle of legality and that it is an anti-human
rights law that may infringe on human values and dignity such as freedom of thought,
conscience and expression. As of 2015, however, this Act is still in effect.
Question
Does the Government have plans to abolish or amend the National Security Act,
especially Article 7, so that it does not excessively restrict an individual’s freedom
of thought and conscience?