Korea refuses to abolish National Security Law, death penalty

Liberals decry ‘archaic’ law on punishing anti-state activities

By Lee Kyung-min

The government refused to follow U.N. recommendations on the abolishment of one of the most politically divisive legislations which liberals long called an “archaic tool used by right-wing administrations to suppress opposition.”

The Ministry of Justice said Wednesday it will not abolish the National Security Law, saying further in-depth review followed by public consensus should precede any abrupt revision to the status quo. The death penalty will not be abolished either, it added.

Under the National Security Law, individuals who praise, incite or propagate the activities of “anti-state bodies” are subject to seven years in prison. Such broad and vaguely worded clauses have long been used to suppress dissent and prosecute individuals who peacefully exercise their freedom of expression and association, by labeling them as “North Korean sympathizers.”

“The National Security Law should remain for the country to achieve peaceful reunification as well as to improve human rights of North Korean people,” the ministry official was quoted as saying during a press briefing. “Abolishing the death penalty should be determined with great caution after fully reviewing both the positive and negative impact it would have on the criminal justice system.”

The announcement came about two months after the United Nations Human Rights Council in its Universal Periodic Review last November asked Korea to submit its policy plans in response to its 218 recommendations. The ministry has until the end of February to respond.

Other than the two, the ministry said it would follow 85 other recommendations, adding the remaining 130 are under review with plans to establish an institutional framework for their implementation.

The ministry did not give any opinions on the abolishment of the law that punishes conscientious objectors who refuse to serve in the military on religious grounds.

Liberal civic groups protested the ministry’s decision, calling it “out of touch” with reality. “The National Security Law was used to persecute many liberals under the former Park Geun-hye administration as well as her conservative predecessors,” said an official from the Lawyers for a Democratic Society, a group of liberal lawyers. “Freedom of expression and assembly is a constitutional right which cannot be infringed upon by the government, or any other entities for that matter. It is the bedrock principle in a democratic society. The ministry should change its stance to follow the international body’s recommendation.”