The legacy of the years of authoritarian rule by Syngman Rhee still provides jail time for those who express sympathy for Pyongyang and leaves ample scope for the application of the crime of conspiracy. The Constitutional Court is studying 11 requests for review filed by citizens and district courts.
Seoul () – Korea is a country where, in a way, the Cold War never ended, and it is not just about the division of the peninsula between Pyongyang and Seoul. Although it is no longer in force authoritarian regime that ruled South Korea For so many decades, the country’s democratization has failed to do away with all the institutions of the military dictatorship, and significant legacies from that period still exist in the South Korean system today. That is why the news that the Seoul Constitutional Court is trying to give new impetus to the review process of the national security law is of interest.
It is one of the most important legacies of the authoritarian period, passed under the watchful eye of South Korea’s first president and dictator, Syngman Rhee, in 1948. The law was one of the first to come into effect in the new republic, which at the time of its birth was plagued by very strong tensions between the anti-communist authorities backed by the United States and the numerous left-wing popular committees that fueled the insurrections in the south. In this context, the National Security Law aimed to prevent the activities of anti-government groups and not only imposes extremely severe punishments (such as life imprisonment or the death penalty) for any organization that threatens national security or social stability of South Korea, but also establishes prison sentences for those who collaborate or simply sympathize with these groups.
These provisions in particular have restricted liberty and civil rights from South Korea. Expressing sympathy for North Korea or communism can carry a sentence of several years in prison. But the consequences are also felt at the political level. Indeed, in 2014 the Unified Progressive Party, a small left-wing formation, was banned when one of its deputies was accused by South Korean intelligence of plotting to overthrow the government with a pro-North rebellion.
It is therefore significant that last week a public hearing was held for the first time at the Seoul Constitutional Court to assess the constitutionality of the law. The debate was opened after the presentation of 11 appeals in favor of the review by citizens and district courts, according to which the law restricts freedom of expression and conscience and, on the other hand, its wording is so vague that lends itself to arbitrary use.
The National Human Rights Commission has also declared in favor of unconstitutionality. “Today there is a considerable gap between the North and the South in terms of economic and military power compared to 1948,” the Commission stated. “Even if South Koreans were to praise or promote North Korea, that would pose minimal risks to our society now that the level of understanding of North Korea’s reality is much higher.”
It should be remembered, however, that since 1991 the law has been submitted to the scrutiny of the Constitutional Court on seven occasions and each time, although without public hearings, its constitutionality has been confirmed.
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