Time to reform the National Security Law

REPUBLIC OF KOREA: Time to reform the National Security Law

On 1 December 1998 hundreds of South Korean human rights activists marked the 50th anniversary of the National Security Law by holding a march and demonstration in central Seoul. They were protesting about the continued use of this law to arrest and imprison people for peacefully exercising their rights to freedom of expression and association. Amnesty International also believes the National Security Law must be reformed and calls on the South Korean Government to make this a priority for 1999.

Almost 400 people were arrested under the National Security Law during 1998, including students, political activists, trade unionists, publishers, religious figures and even Internet surfers. Most of these prisoners had done nothing to deserve arrest and imprisonment and were held solely for the non-violent exercise of their rights to freedom of expression and association. Some had formed study groups, distributed pamphlets or published books with left-wing political ideas; others had held discussions about North Korea or disagreed with government policies on North Korea. Some were accused of contacting North Koreans without permission.

Most of those arrested under the National Security Law during 1998 were tried within six months of arrest and either released or given a short prison sentence, but some were given heavy sentences. A small number of long-term prisoners arrested 30 to 40 years ago were still held, making them some of the world's longest-serving political prisoners.

            The National Security Law was adopted 50 years ago in the context of a divided Korea. Since the signing of an armistice agreement at the end of the Korean War in 1953, millions of Koreans on both sides of the divided peninsula have been separated from each other and the demilitarized zone which separates North and South Korea is one of the most heavily fortified borders in the world. South Korean officials have argued that the country needs the National Security Law to counter the military threat from North Korea. Amnesty International acknowledges South Korea's security predicament and the right of all states to maintain state security. But the National Security Law has been widely misused to detain people who posed no threat to security. South Korean governments have consistently used the law to remove people who pose a threat to established political views, to prevent people from taking part in discussions surrounding relations with North Korea and as a form of control at times of social unrest.

President Kim Dae-jung, who took office in February 1998, was himself imprisoned under the National Security Law during the 1980s and has been sympathetic to calls for reform. He has committed his government to human rights protection and has taken some positive steps over the past year, including the release of over 150 political prisoners in two prisoner amnesties. In September 1998 he told Amnesty International that "poisonous clauses" of the National Security Law would be reviewed in the near future but did not make any firm commitments.

President Kim and his Minister of Justice also told Amnesty International that the country's economic crisis and political opposition were hampering their efforts to improve human rights. 1998 was certainly a difficult year for South Korea's government as it struggled to cope with the worst economic crisis in decades. The crisis itself resulted in an erosion of many rights as unemployment soared to around two million, while the country lacks a social safety net for the jobless. The government's difficulties were compounded by unpredictable developments in North Korea, including alleged border incursions and the test-firing of a long-rang missile or satellite. Discussion on amending or abolishing the National Security Law is a delicate political issue in South Korea where powerful groups within business, political circles, the law-enforcement apparatus and the media are opposed to reforms.

In spite of these difficulties, Amnesty International believes that respect for freedom of expression and association will be important for South Korea's long-term political, economic and social development. As a former political prisoner told Amnesty International:  "For South Korea to develop, we need people to be critical and to make creative proposals. It is a disgrace to arrest such people." The economic situation and political opposition should not be used to justify further abuses under the National Security Law.

Amnesty International believes that many of those opposed to prisoner releases and law reform would be persuaded in an informed and open debate on the subject and the evidence suggests that public opinion would not oppose reforms in accordance with international human rights standards. A survey carried out by Minbyun (lawyers for democracy) and the Hankyoreh daily newspaper in November 1998 revealed that over 70% of respondents favoured an amendment to the law.

Further information about the National Security Law