National Security Act (South Korea)

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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, shall be punished by imprisonment for not more than seven years [6]

Because of the law's extensiveness and high risk of false accusation, this law also contains the article for false accusation and forgering evidences. A violator of Article 12 of National Security Act in South Korea may be sentenced as same as the victim who would be sentenced otherwise if the violator's crime had not been undisclosed. [7]

Administration

The South Korean High Court has a ruling history since 1978 that has classified 1,220 books and print material as "Enemy's Expressions" by force of precedence. Two state-established research institutes decide what books and print materials meet the criteria of "Enemy's Expressions": the Democratic Ideology Institute, established in 1997 under the direct orders of the Chief Prosecutor, and the Public Safety Affairs Institute of the Korea National Police University.[ citation needed ]

In 2012, a South Korean man, Park Jung-geun, was indicted and charged under the National Security Law for reposting altered North Korean propaganda on social media. The man, who described his use of the material as intended to lampoon the North Korean regime, received a ten-month suspended prison sentence. [8] [9]

Military

During the Lee Myung-bak government, some South Korean military officers were arrested for suspected pro-North Korean or pro-communist activities. [10]

Controversies

National Security Act

This law restricts the activities of anti-capitalist socialist parties or pro-North Korean parties in South Korea. Therefore, the law has been criticized by liberals for dampening the freedom of party activities.

Some scholars and international organizations have also expressed negative views towards the law. Some argue that the National Security Act has justified violations of human rights under the name of defence against the perceived threat of North Korea and that it functions as an obstacle for peaceful reunification with North Korea. [5]

Amnesty International reported that 90 people were charged under the law in 2011, increasing by 95.6% between 2008 and 2011. It described the National Security Act as a tool to "harass and arbitrarily prosecute individuals and civil society organizations who are peacefully exercising their rights to freedom of expression, opinion and association" and to "remove people who are perceived to threaten established political views, to prevent people from taking part in discussions surrounding relations with North Korea." [6]

In 1998, Ha Young-joon, a graduate student at Hanyang University formerly active with the International Socialists movement, was tried and sentenced to 8 months in prison for having summarized and made available online Chris Harman and Alex Callinicos's main writings on South Korea's national BBS network, in violation of NSA Article 7 Clauses 1 and 5.

In 2002, a new recruit in the South Korean Army surnamed Lee, was sentenced to two years in prison for having said to fellow soldiers, "I think Korean separation is not the fault of the North Koreans but the Americans." The Military Prosecutor's Office could not charge him for his comment alone, but it searched the recruit's civilian home and found various illicit books and charged him in violation of the NSA under Article 7, Clauses 1 and 5.

In 2012, Ro Su-hui was arrested after he returned from an unauthorized visit to North Korea. The arrest was described by NK News as "a clear but unnecessary propaganda victory" for North Korea. [11]

Other well-known uses of the National Security act include the 1999 banning of the students' union Hanchongryun and the 2003 spy case against Song Du-yul, a Korean living in Germany. The severest penalty that could be given according to NSL is the death penalty. The best-known example of the death penalty is the People's Revolutionary Party Incident.

Criticism

The Journalists Association of Korea made an official statement in 2007 that the National Security Act reduced the status of South Korea to "a third world country" due to its infringement of human rights. [20] Rhyu Si-min of the People's Participation Party was interviewed by the Pyeonghwa Bangsong radio and criticized the existence of the NSA as "a 60 year old political tool" of public oppression. [21] Louisa Lim of the American NPR also criticized the increased use of the NSA under the Lee Myung-bak government. [22] [23] One of the 33 victims of the Osonghoe Incident, Chae Gyu-gu, said that "the National Security Act must disappear" in order to prevent innocent South Korean citizens from being falsely accused. [17]

See also

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References

  1. 1 2 3 4 국가보안법, Korea Ministry of Government Legislation Accessed 6 Oct 2014.
  2. ↑ The Chosun Ilbo article - National Security Act: Amendments rather than Abrogation - 57% Archived 22 August 2007 at the Wayback Machine (in Korean)
  3. ↑ The Dong-A Ilbo article (in Korean)
  4. ↑ 반공법, Korea Ministry of Government Legislation Accessed 7 Oct 2014.
  5. 1 2 [Cho, 2997], Tension Between the National Security Law and Constitutionalism in South Korea: Security For What. BU Int'l LJ, 15, p.125.
  6. 1 2 Amnesty International, THE NATIONAL SECURITY LAW CURTAILING FREEDOM OF EXPRESSION AND ASSOCIATION IN THE NAME OF SECURITY IN THE REPUBLIC OF KOREA.
  7. ↑ , 제12조(무고, 날조)
  8. ↑ Sang-Hun, Choe (2 February 2012). "South Korean Indicted Over Twitter Posts From North". The New York Times . ISSN   0362-4331 . Retrieved 28 July 2020.
  9. ↑ Sang-Hun, Choe (21 November 2012). "South Korean Gets Suspended Sentence in Twitter Case". The New York Times . ISSN   0362-4331 . Retrieved 28 July 2020.
  10. ↑ Kwak (곽), Jae-hun (재훈) (15 March 2011). 위관급 장교 또 '국보법 위반' 기소…軍 매카시즘 바람. Pressian (in Korean). Retrieved 10 February 2012.
  11. ↑ "An Unnecessary Propaganda Victory for Pyongyang". NK News. 6 July 2012. Retrieved 2 March 2015.
  12. ↑ Lee (이), Ung (웅) (12 June 2011). `좌익활동 옥살이. Yonhap News Agency (in Korean). Retrieved 24 September 2011.
  13. ↑ Na (나), Hwak-jin (확진) (18 August 2011). `간첩 누명' 구명우씨 24년만에 무죄. Yonhap News Agency (in Korean). Retrieved 24 September 2011.
  14. ↑ Na (나), Hwak-jin (확진) (23 September 2011). 재일동포 간첩사건 34년만에 무죄. Yonhap News Agency (in Korean). Retrieved 30 October 2011.
  15. ↑ Kim (김), Jeong-hun (정훈) (20 October 2011). ‘간첩 누명’ 납북어부, 27년 만에 무죄. The Kyunghyang Sinmun (in Korean). Retrieved 21 October 2011.
  16. ↑ Park (박), Yu-ri (유리) (28 October 2011). 죽은 어부의 절규 … "나는 간첩이 아니다". Kuki News (in Korean). Retrieved 19 November 2011.
  17. 1 2 Im (임), Sang-hun (상훈) (11 November 2011). "이 땅에서 빨갱이로 몰려 산다는 것은" 오송회 사건 피해자의 절규. No Cut News (in Korean). Retrieved 12 November 2011.
  18. ↑ Sohn (손), Sang-weon (상원) (25 December 2011). 납북어부 간첩사건 연루 2명 재심서 무죄. Yonhap News Agency (in Korean). Retrieved 15 January 2012.
  19. ↑ Park (박), Su-jin (수진) (22 May 2012). 대법, 간첩 누명 故변두갑씨 27년만에 무죄 확정. Yonhap News Agency (in Korean). Retrieved 22 May 2012.
  20. ↑ 국보법 존속은 인권 후진국 자처하는 것. Journalists Association of Korea (한국기자협회) (in Korean). 23 May 2007. Retrieved 19 November 2011.
  21. ↑ Chin (진), Na-ri (나리) (1 August 2011). "유시민 "MB정권, 60년 묵은 국보법 악용 또 발동"". Newsface (in Korean). Retrieved 5 October 2011.
  22. ↑ Lim, Louisa) (1 December 2011). "In South Korea, Old Law Leads To New Crackdown". National Public Radio. Retrieved 3 December 2011.
  23. ↑ Kwon (권), Min-cheol (민철); Lee Ji-hye (이지혜) (3 December 2011). 美 방송, "MB정부서 매카시즘 공포" 매섭게 비판. No Cut News (in Korean). Retrieved 3 December 2011.
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