Human Rights Commission: "Article 7 of the National Security Act is Unconstitutional" ... Opinion Submitted to the Constitutional Court

[Asia Economy Reporter Seongpil Cho] The National Human Rights Commission announced on the 14th that it has submitted an opinion to the Constitutional Court, which is about to make its eighth ruling on Article 7 of the National Security Act, stating that "the provision is unconstitutional." Article 7 of the National Security Act punishes those who praise the North Korean regime or produce, possess, or distribute 'pro-communist propaganda materials.'

The Human Rights Commission informed the Constitutional Court of the submission and pointed out that Article 7 of the National Security Act does not comply with the International Covenant on Civil and Political Rights, to which the Republic of Korea is a party. It also stated that the provision violates the principle of proportionality by imposing punishment without assessing the actual risk of acts that threaten the existence of the state, national security, or the free democratic basic order.

The National Security Act has been amended seven times since it was enacted and implemented by the Constituent National Assembly in 1948. However, the Human Rights Commission argues that concerns about infringement on fundamental rights such as freedom of expression still remain. Previously, the Commission recommended the abolition of the National Security Act in 2004 and submitted a similar opinion in 2008 regarding a case under trial at the Seoul Central District Court for violating Article 7 of the Act.

The Commission stated, "Until recently, demands for the abolition or revision of Article 7 of the National Security Act have continued from the political sphere, civil society, and the international community," and added, "We expect that the Constitutional Court's ruling of unconstitutionality will lead to broader respect for fundamental democratic values such as freedom of expression and freedom of conscience in the Republic of Korea."

Meanwhile, since 2017, the Constitutional Court has been consolidating 11 cases related to Article 7 of the National Security Act to determine its constitutionality. On the 15th, the full bench of nine justices will hold a public hearing. This is the eighth time Article 7 of the National Security Act has been brought before the Constitutional Court since 1992. Previously, the Court upheld the provision seven times between 1992 and 2015.

This content was produced with the assistance of AI translation services.