Yoon Administration National Security Law Suspects Increase... "North-South Confrontation Necessary" vs "Anachronistic Public Security Crackdown"

Decreased During Moon Jae-in Government, Increased Again Last Year
Constitutional Court Made 8th Ruling Upholding National Security Law Last Month

The number of suspects booked by the police for violating the National Security Act has increased under the Yoon Suk-yeol administration. Opinions advocating the necessity of the National Security Act clash with claims that it is an outdated 'public security crackdown.'

According to data received by Jo Eun-hee, a member of the People Power Party on the National Assembly's Public Administration and Security Committee, from the National Police Agency on the 14th, 40 people were booked for violating the National Security Act between January and September of this year.

Officials from the Korean Teachers and Education Workers Union held a press conference in front of the Constitutional Court in Jongno-gu, Seoul, on the 26th of last month, urging a ruling that Articles 2 and 7 of the National Security Act are unconstitutional. Photo by Kim Hyun-min kimhyun81@

By year, the number of suspects under the National Security Act was 60 in 2016, the last year of the Park Geun-hye administration, then decreased to 45 in 2017 when the Moon Jae-in administration took office. It further dropped sharply to 15 in 2018, 12 in 2019, and 13 in 2020.

The number of people booked under the National Security Act was 27 in 2021. That year was the fifth year of the Moon Jae-in administration and the year of the so-called 'Cheongju Spy Group' incident. In the first year of the Yoon Suk-yeol administration last year, the number recorded was 30.

During the same period, the police requested the Korea Communications Standards Commission to delete or block 2,007 pro-North Korean propaganda materials. In 2016, the last year of the Park Geun-hye administration, there were 2,312 cases, which decreased to an average of 1,856 cases annually after the Moon Jae-in administration took office. In the first year of the Yoon Suk-yeol administration last year, the number increased again to 2,013.

Choi Ki-sik, a public security prosecutor and a North Korea expert within the prosecution, commented, "The investigation of public security cases, which had been suppressed by progressive governments, is becoming more active as the administration changes." He added, "In a situation where North and South Korea are in confrontation, the role of the National Security Act is necessary." Choi participated in the investigation of the 'Ilshimhoe Spy Group' in 2006.

On the afternoon of the 26th of last month, participants of the National Action for the Abolition of the National Security Law holding placards in front of the Constitutional Court in Jongno-gu, Seoul. [Image source=Yonhap News]

On the other hand, Choi Byung-mo, who served as the president of the Lawyers for a Democratic Society and led the legal team for the constitutional lawsuit against the National Security Act, argued, "The current government's view that communist forces are disrupting the Republic of Korea's system is outdated."

Meanwhile, on the 26th of last month, the Constitutional Court ruled that the provisions of the National Security Act (Security Act) prohibiting joining pro-North Korean organizations or possessing and distributing pro-North Korean propaganda materials do not violate the Constitution. This is the eighth time since 1991 that Article 7 of the National Security Act has been upheld by the Constitutional Court.

The Constitutional Court upheld Article 7, Paragraph 1 (prohibited acts clause) and Paragraph 5 (prohibited propaganda materials clause) of the National Security Act. Constitutional complaints regarding Article 2, Paragraph 1 (anti-state organization clause), which defines anti-state organizations, and Article 7, Paragraph 3 (prohibited organization membership clause), which punishes joining pro-North Korean organizations, were unanimously dismissed. To amend or suspend the effect of the National Security Act, at least six of the nine Constitutional Court justices must rule it unconstitutional.

Regarding this decision, the Constitutional Court stated, "Since the scope of application of the National Security Act has been continuously limited through amendments to the law, Constitutional Court decisions, and court rulings, the possibility of misuse or abuse of the prohibited acts clause or the prohibited propaganda materials clause is no longer high," and "Given the existence of the North Korean threat, it recognizes that the National Security Act still has significance at this point in time."

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