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The Korea Herald, November 22, 2003 National Security Act Dear Sean, I heard that Professor Song Du-yul was indicted for violating the National Security Act. What is the Korean National Security Act and who can it punish? Alarmed in Dok-Do.
Dear Alarmed, according to the major daily Korean vernaculars Song Du-yul was indicted by the prosecution for lacking a "truly repentant attitude." Song has been accused of joining the North Korean Workers' Party and acting as a member of its Politburo. Song, who lived in Germany for the past 37 years, organized movements in Germany against the South Korean government, visited North Korea on numerous occasions, and was photographed with senior Politburo members including Kim Il-sung. Song admitted being a member of the North Korean Workers' Party, but has denied being a Politburo member. The prosecution strongly indicated that it would be lenient if Song apologized for his pro-North activities and made a pledge of loyalty to the South Korean democratic order. Since, Song has been less than repentant the prosecution choose to indict Song, in part, for violations of the National Security Act. The NSA is a very controversial Act and some legal scholars and academics argue for the abolition of the Act, while others argue that the Act is needed in a country that is faced with an enemy right in their backyard. Those opposed to the Act cite human rights violations that may and have occurred as a reason for their opposition. In contrast, the proponents cite necessity and the fact that other nations faced with similar threats have similar laws including the United States, who enacted the U.S. Patriot Act. The Act's purpose as stated in Article I is to "secure the security of the State and the subsistence and freedom of nationals, by regulating any anticipated activities compromising the safety of the State." The Act further states that the construction and application must be construed with a "minimum of construction and application" and cannot "unreasonably restrict the fundamental rights of citizens guaranteed by the Constitution." The NSA punishes, among other things, the act of attempting or joining and anti-government organization (article 3), assisting an anti-government organization (article 5), infiltrating and escaping to an area under control of an anti-government organization (article 6), and meeting or corresponding with a member of an anti-government organization with knowledge that it threatens the democratic order (article 8). North Korea is considered as an anti-government organization. The most controversial aspect of the Act is article 7(1) which may punish any person who "praises, incites, or propagates the activities of an anti-government organization" with "knowledge that it may endanger the existence and security of the State or democratic fundamental order." It is possible that Song will be convicted of violating the NSA because of his membership in the North Korea Workers' Party, strong support for North Korea, visit to North Korea, protests against the South Korean government, and his possible membership in the Politburo if the prosecution can prove that his actions were conducted with knowledge that it may endanger the existence and security of the Korean democratic order.
Sean Hayes is certified at the NY and CT bars and employed as a constitutional researcher for the Korean Constitutional Court. The article provides legal information to help readers cope with legal needs, but should not be construed as legal advice. Send your questions to www.HayesLaw.org.
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