By Lee Kyung-min
The Constitutional Court ruled Monday that three provisions of the National Security Law that comprehensively ban anti-state activities are constitutional, and that the legislation is vital for the deterrence of social unrest.
In a 6-3 decision, the justices recognized that the security law is needed to guarantee public safety, security and freedom by preventing activities that might lead to a violent overthrow of the state.
The court also said that the provisions do not infringe on freedom of speech, a fundamental right protected by the Constitution, adding that they are unlikely to be used for the purpose of quashing political opposition even though they can be applied to restrict political speech.
The ruling came after a petition, seeking a review of the constitutionality of the provisions, was filed by a man surnamed Hong, who was on trial at Suwon District Court on charges of violating the security law. The district court also backed the petition.
Hong was indicted on charges of joining an anti-state organization. The prosecution discovered that he had a copy of the memoirs of late North Korean leader Kim Il-sung on his computer hard drive.
Under the provisions at issue, anyone advocating anti-state activities under the direction of organizations, or of its members is punishable by law.
The punishment also applies to those who form or join organizations that hold anti-state stances, and those who produce and distribute material with the purpose of furthering the aim of overthrowing the government.
The Constitutional Court ruled that the provisions serve as a deterrent against the possibility of society being thrown into confusion due to instability caused by those using illegitimate means of protest.
"Given the circumstances that we as a nation are in, preserving national security is crucially dependent upon the law that was the subject of this review," the justices said in their ruling.
"We acknowledge that no seemingly imminent danger is at work, but it is in the best interests of society as a whole to prevent those with violent ideas from activating them before they gain momentum."
The justices said that preserving the material at issue on a computer is also subject to criminal prosecution.
"Considering the current high-tech environment, the rapid spread of material among the public via the Internet is highly feasible. The law banning individual storage is within legal discretion," they said.
However, three justices with dissenting opinions partly acknowledged that punishment on mere possession could be too scrupulous an application of the law.
"Determining the purpose of possessing such material is open to misinterpretation, which oftentimes is based on subjective opinions," they said in dissenting opinions.
"We cannot exclusively rule that the law is without its drawbacks. Individual political expression might be discouraged due to this ruling."
Meanwhile, the Supreme Court in January upheld a nine-year prison term for a former leftist lawmaker Lee Seok-ki who was indicted on charges of conspiring to topple the government if a war with North Korea broke out.
The Constitutional Court ruled Monday that three provisions of the National Security Law that comprehensively ban anti-state activities are constitutional, and that the legislation is vital for the deterrence of social unrest.
In a 6-3 decision, the justices recognized that the security law is needed to guarantee public safety, security and freedom by preventing activities that might lead to a violent overthrow of the state.
The court also said that the provisions do not infringe on freedom of speech, a fundamental right protected by the Constitution, adding that they are unlikely to be used for the purpose of quashing political opposition even though they can be applied to restrict political speech.
The ruling came after a petition, seeking a review of the constitutionality of the provisions, was filed by a man surnamed Hong, who was on trial at Suwon District Court on charges of violating the security law. The district court also backed the petition.
Hong was indicted on charges of joining an anti-state organization. The prosecution discovered that he had a copy of the memoirs of late North Korean leader Kim Il-sung on his computer hard drive.
Under the provisions at issue, anyone advocating anti-state activities under the direction of organizations, or of its members is punishable by law.
The punishment also applies to those who form or join organizations that hold anti-state stances, and those who produce and distribute material with the purpose of furthering the aim of overthrowing the government.
The Constitutional Court ruled that the provisions serve as a deterrent against the possibility of society being thrown into confusion due to instability caused by those using illegitimate means of protest.
"Given the circumstances that we as a nation are in, preserving national security is crucially dependent upon the law that was the subject of this review," the justices said in their ruling.
"We acknowledge that no seemingly imminent danger is at work, but it is in the best interests of society as a whole to prevent those with violent ideas from activating them before they gain momentum."
The justices said that preserving the material at issue on a computer is also subject to criminal prosecution.
"Considering the current high-tech environment, the rapid spread of material among the public via the Internet is highly feasible. The law banning individual storage is within legal discretion," they said.
However, three justices with dissenting opinions partly acknowledged that punishment on mere possession could be too scrupulous an application of the law.
"Determining the purpose of possessing such material is open to misinterpretation, which oftentimes is based on subjective opinions," they said in dissenting opinions.
"We cannot exclusively rule that the law is without its drawbacks. Individual political expression might be discouraged due to this ruling."
Meanwhile, the Supreme Court in January upheld a nine-year prison term for a former leftist lawmaker Lee Seok-ki who was indicted on charges of conspiring to topple the government if a war with North Korea broke out.
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