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National Security Act (South Korea)

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National Security Act
Emblem of South Korea
Constituent National Assembly
CitationAct No. 10 of 1948
Territorial extentWorldwide
Passed19 November 1948
Effective1 December 1948
Administered byMinistry of Justice
Legislative history
Bill titleNational Security Act Bill (국가보안법안)
Committee responsibleLegislation and Judiciary
First reading9 and 18 November 1948
Second reading19 November 1948
Voting summary
  • 84 voted for
  • 3 voted against
Committee reportReport on wording corrections to the National Security Act Bill, 20 November 1948
Related legislation
Anti-Communism Act (Act No. 643 of 1961)
Constitutional Court of Korea cases
89Hun-Ka113 (1990); 90Hun-Ma82 (1992); 2002Hun-Ka5 (2002)
Summary
Regulates anti-state activities considered to endanger national security
Status: In force (amended)
National Security Act
Hangul
국가보안법
Hanja
國家保安法
RRGukga boanbeop
MRKukka poanpŏp

The National Security Act is a South Korean law that entered force on December 1, 1948, under the government of Syngman Rhee, with the stated purpose of ensuring "the security of the State and the subsistence and freedom of nationals, by regulating any anticipated activities compromising the safety of the State."[1][2]

In 2004, legislators of the then-majority Uri Party attempted to annul the act but failed due to opposition from the Grand National Party. Poll results in 2004 and 2005 from the media cartel Chojoongdong showed that more than half of the Korean people opposed the abolition of the act.[3][4] A survey in 2021 showed support for abolition of Article 7 of the act at 45% and opposition at 40%.[5] A planned repeal of the Act in 2021, spearheaded by Democratic lawmaker Min Hyung-bae, was again unsuccessful.[6]

The South Korean constitution nominally guarantees freedom of speech, press, petition and assembly for its nationals. However, behavior or speech in favor of North Korea can be punished by the National Security Law. Communist parties are legal as long as they do not act in a manner "contrary to the democratic basic order" of South Korea.[7]

The law has faced criticism due to perceived encroachment on freedom of expression and its links to the colonial-era Peace Preservation Law.

Legislative history

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The National Security Act was drafted by the Constituent National Assembly's Legislation and Judiciary Committee and introduced in November 9 1948 to the 99th Plenary Session.[8]

The first reading began on 9 November.[9] After the reading was interrupted and the bill returned to the committee for revision (a new version had to be drafted and reported upon by 11 November),[10] consideration resumed on 18 November.[11]

On 19 November, the Assembly approved the bill as a whole by 84 votes to 3, with 121 members present. The same motion waived the third reading and referred the bill to Legislation and Judiciary Committee for wording corrections.[12]

The Act entered force on December 1, 1948.[13]

Origins

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The National Security Act was reportedly inherited from the Peace Preservation Law which had been used to suppress the Korean independence movement during the Japanese colonial period.[14]

The Act was enacted by the Constituent National Assembly of South Korea under the presidency of Syngman Rhee, just months after the founding of the Republic of Korea.[15] Rhee's First Republic subsequently developed into an authoritarian dictatorship.

An earlier law on "Anti-government Organizations" aimed to suppress any "domestic or foreign organization or group which uses the title of the government fraudulently or aims at a rebellion against the State, and which is provided with a command and leadership system."[1]

All of the following were made illegal: recognition of North Korea as a political entity; organizations advocating the overthrow of the government; the printing, distributing, and ownership of "anti-government" material; and any failure to report such violations by others.

The law has been reformed and strengthened over the past few decades, and was merged with the Anti-Communism Law during the 1980s.[1][16] The 1991 amendment removed a clause that considered all foreign communist nations as anti-state forces.[17]

According to some analysts, the National Security Act can be viewed as a product of the Cold War and the national division of Korea. After World War II, Korean politics were highly polarized, forcing Koreans to adopt the left-right political spectrum. This created a reality of "one nation-two states" on the Korean peninsula. The ensuing tensions culminated in the Korean War between 1950 and 1953.[18]

This act has been acknowledged by some politicians, scholars, and activists as a symbol of the anti-communism of South Korea's dictatorial First Republic and a potential restriction on freedom of speech, since the act not only regulates activities that directly threaten the safety of the state, but also punishes those who praise or promote an anti-state group. According to a report written by Amnesty International, the most widely used clause of the National Security Act is:

"Any person who praises, incites or propagates the activities of an antigovernment organization, a member thereof or of the person who has received an order from it, or who acts in concert with it, or propagates or instigates a rebellion against the State, with the knowledge of the fact that it may endanger the existence and security of the State or democratic fundamental order, shall be punished by imprisonment for not more than seven years"[19]

Due to its extensive nature and high risk of false accusation, this act also penalizes false accusations and fabrication of evidence. For example, a violator of Article 12 of the National Security Act may receive the same sentence that the victim would have if the violator's crime had not been undisclosed.[20]

Administration

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Since 1978, the South Korean High Court has ruled to classify 1,220 books and other print materials as "Enemy's Expressions" by force of precedent. Two state-established research institutes decide what books and print materials meet the criteria of "Enemy's Expressions": the Democratic Ideology Institute, established in 1997 under direct orders from the Chief Prosecutor, and the Public Safety Affairs Institute of the Korea National Police University.[citation needed]

In 2012, a South Korean man, Park Jung-geun, was indicted and charged under the National Security Act for reposting altered North Korean propaganda on social media. The man, who described his use of the material as intended to lampoon the North Korean regime, received a ten-month suspended prison sentence.[21][22]

During the Lee Myung-bak government, some South Korean military officers were arrested for suspected pro-North Korean and pro-communist activities.[23]

In 2026, the special counsel investigating the insurrection case of former President Yoon Suk Yeol regarding the 2024 South Korean martial law crisis accused Yoon of being anti-state forces, involving acts "such as armed soldiers storming the National Assembly and the National Election Commission and attempts to cut power and water to media outlets."[24]

On 31 May 1991, Article 1(2) was inserted to prevent its arbitrary application: "In the construction and application of this Act, it shall be limited to the minimum necessary in its construction and application to attain the aforementioned purpose, and shall not be permitted to construe this Act extensively, or to restrict unreasonably the fundamental human rights of citizens guaranteed by the Constitution."[1]

Controversies

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Amnesty International reported that 90 people were charged under the National Security Act in 2011, and that number increased by 95.6% between 2008 and 2011. It described the National Security Act as a tool to "harass and arbitrarily prosecute individuals and civil society organizations who are peacefully exercising their rights to freedom of expression, opinion and association" and to "remove people who are perceived to threaten established political views, to prevent people from taking part in discussions surrounding relations with North Korea."[19]

In 1998, Ha Young-joon, a graduate student at Hanyang University, formerly active with the International Socialists movement, was tried and sentenced to 8 months in prison for having summarized and made available online Chris Harman and Alex Callinicos's main writings on South Korea's national BBS network, in violation of the NSA Article 7 Clauses 1 and 5.

In 2002, a new recruit in the South Korean Army, surnamed Lee, was sentenced to two years in prison for having said to fellow soldiers, "I think Korean separation is not the fault of the North Koreans but [of] the Americans." The Military Prosecutor's Office could not charge him for his comment alone with violating the law, but it searched the recruit's civilian home and found various illicit books and charged him with violating the NSA under Article 7, Clauses 1 and 5.

In 2012, Roh Su-hui was arrested after he returned from an unauthorized visit to North Korea. The arrest was described by NK News as "a clear but unnecessary propaganda victory" for North Korea.[25]

The Journalists Association of Korea issued an official statement in 2007 that the National Security Act reduced the status of South Korea to a "third world country" due to its infringement of human rights.[26] Rhyu Si-min of the People's Participation Party was interviewed by the Pyeonghwa Bangsong radio and criticized the existence of the NSA as a "60-year-old political tool" of public oppression.[27] Louisa Lim of the American NPR also criticized the increased use of the NSA under the Lee Myung-bak government.[28][29] One of the 33 victims of the Osonghoe Incident, Chae Gyu-gu, said that "the National Security Act must disappear" in order to prevent innocent South Korean citizens from being falsely accused.[30]

Other well-known uses of the National Security Act include the 1999 banning of the students' union Hanchongryun and the 2003 spy case against Song Du-yul, a Korean living in Germany. The severest penalty that could be given in accordance with NSL is the death penalty. The best known example of the death penalty is the People's Revolutionary Party Incident, where eight citizens were falsely charged and executed.[31]

  • On 12 June 2011, the South Korean government officially apologized to the family members of South Korean citizen Kim Bok-jae, who was wrongfully accused of being a spy for North Korea under the NSA.[32]
  • On 15 August 2011, the South Korean government officially apologized to a 54-year-old South Korean citizen, Ku Myeong-u (구명우), who was wrongfully accused of being a spy for North Korea by working in a Chongryon-affiliated company in Japan.[33]
  • On 23 September 2011, the Seoul High Court officially apologized to Zainichi Koreans Kim Jeong-sa (김정사) and Yoo Seong-sam (유성삼), who were wrongfully accused of being spies during the Zainichi Korean Spy Incident.[34]
  • On 10 October 2011, the Changwen Regional Court formally posthumously apologized to the now-deceased Lee Sang-cheol (이상철), a South Korean fisherman who was kidnapped by North Koreans for one year but was wrongfully accused of being a spy by the regional prosecutors.[35][36]
  • On 10 November 2011, the Supreme Court ruled that the South Korean government should compensate the 33 individuals who were involved in the 1982 Osonghoe Incident [ko].[30]
  • On 25 December 2011, the Gwangju High Court issued an apology to two South Korean fishermen (one deceased) with the last names of Kim and Lee, who were wrongfully accused of being North Korean spies during the Fourth Republic and the Fifth Republic.[37]
  • On 22 May 2012, the Supreme Court issued an apology to the deceased Byeon Du-gab (변두갑), who was wrongfully arrested for allegedly spying for a North Korean spy in 1970.[38]

See also

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References

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  1. 1 2 3 4 국가보안법, Korea Ministry of Government Legislation Accessed 6 Oct 2014.
  2. ↑ Stangarone, Troy (6 September 2022). "The Enduring Consequences of South Korea's National Security Law". Korea Economic Institute of America. Retrieved 15 August 2026.
  3. ↑ The Chosun Ilbo article - National Security Act: Amendments rather than Abrogation - 57% Archived 22 August 2007 at the Wayback Machine (in Korean)
  4. ↑ The Dong-A Ilbo article (in Korean)
  5. ↑ Shin, Hyonhee (22 November 2022). "South Korea debates scrapping Cold War-era ban on North's propaganda". Reuters.
  6. ↑ "국가보안법 폐지법률안".
  7. ↑ Constitutional Court of Korea (19 December 2014). 통합진보당 해산  (in Korean) – via Wikisource. "오늘날 정당은 자유민주주의 이념을 추구하는 정당에서부터 공산주의 이념을 추구하는 정당에 이르기까지 그 이념적 지향점이 매우 다양하므로, 어떤 정당이 특정 이념을 표방한다 하더라도 그 정당의 목적이나 활동이 앞서 본 민주적 기본질서의 내용들을 침해하는 것이 아닌 한 그 특정 이념의 표방 그 자체만으로 곧바로 위헌적인 정당으로 볼 수는 없다. 정당해산 여부를 결정하는 문제는 결국 그 정당이 표방하는 정치적 이념이 무엇인지가 아니라 그 정당의 목적이나 활동이 민주적 기본질서에 위배되는지 여부에 달려있기 때문이다." ["Today, political parties vary widely in their ideological orientations, ranging from parties that pursue liberal democratic ideals to those that pursue communist ideals. Therefore, even if a political party advocates a particular ideology, the mere advocacy of that ideology alone cannot immediately render the party unconstitutional, so long as the party’s aims or activities do not infringe upon the elements of the democratic basic order discussed above. This is because the question of whether a political party should be dissolved ultimately depends not on what political ideology the party professes, but on whether the party’s aims or activities are contrary to the democratic basic order."]
  8. ↑ "헌정사 자료 DB < 한국사데이터베이스". db.history.go.kr. Retrieved 15 August 2026. 그리하여 법사위원회에서는 전문 5조로 된 「국가보안법안」을 작성하여 11월 9일 제99차 본회의에 제출하였는데 [Thus, the Legislation and Judiciary Committee drafted the "National Security Act Bill" consisting of five articles and submitted it to the 99th Plenary Session on November 9.]
  9. ↑ "헌정사 자료 DB < 한국사데이터베이스". db.history.go.kr. Retrieved 15 August 2026.
  10. ↑ "헌정사 자료 DB < 한국사데이터베이스". db.history.go.kr. Retrieved 15 August 2026. 제1독회 자체가 중단되고 '법사위는 법무부장관·검찰총장과 협의하여 11월 11일까지 새로운 안을 기초하여 보고할 것'이 결의되었다 [The first reading itself was suspended, and it was resolved that ‘the Legislation and Judiciary Committee shall consult with the Minister of Justice and the Prosecutor General to draft a new proposal and report it by November 11.]
  11. ↑ "헌정사 자료 DB < 한국사데이터베이스". db.history.go.kr. 18 November 1948. Retrieved 15 August 2026. 그러면 이 審査報告에 의지해서 第一讀會를 開始하겠읍니다. [Then, relying on this inspection report, we will begin the first reading session.]
  12. ↑ "헌정사 자료 DB < 한국사데이터베이스". db.history.go.kr. Retrieved 15 August 2026.
  13. ↑ "국가보안법". 시행 1948. 12. 1. [Effective Dec. 1, 1948]
  14. ↑ "민형배, 국가보안법 폐지안 발의". 민중의소리 (in Korean (South Korea)). 15 October 2021. Archived from the original on 10 July 2025. Retrieved 15 August 2026.
  15. ↑ "헌정사 자료 DB < 한국사데이터베이스". db.history.go.kr. Retrieved 15 August 2026.
  16. ↑ 반공법, Korea Ministry of Government Legislation Accessed 7 Oct 2014.
  17. ↑ "South Korea: The National Security Law: Curtailing freedom of expression and association in the name of security in the Republic of Korea". Amnesty International. 28 November 2012. Retrieved 9 July 2026. The 1991 amendment of the NSL also abolished Article 2(2) of the Law, which stated that all communist states are anti-government organizations.
  18. ↑ [Cho, 2997], Tension Between the National Security Law and Constitutionalism in South Korea: Security For What. BU Int'l LJ, 15, p.125.
  19. 1 2 Amnesty International, THE NATIONAL SECURITY LAW CURTAILING FREEDOM OF EXPRESSION AND ASSOCIATION IN THE NAME OF SECURITY IN THE REPUBLIC OF KOREA.
  20. ↑ , 제12조(무고, 날조)
  21. ↑ Sang-Hun, Choe (2 February 2012). "South Korean Indicted Over Twitter Posts From North". The New York Times. ISSN 0362-4331. Retrieved 28 July 2020.
  22. ↑ Sang-Hun, Choe (21 November 2012). "South Korean Gets Suspended Sentence in Twitter Case". The New York Times. ISSN 0362-4331. Retrieved 28 July 2020.
  23. ↑ Kwak (곽), Jae-hun (재훈) (15 March 2011). 위관급 장교 또 '국보법 위반' 기소…軍 매카시즘 바람. Pressian (in Korean). Retrieved 10 February 2012.
  24. ↑ Shon, Duk-ho (13 January 2026). "Special counsel asks court to sentence Yoon Suk-yeol to death for insurrection". CHOSUNBIZ. The Chosun Ilbo. Retrieved 13 January 2026.
  25. ↑ "An Unnecessary Propaganda Victory for Pyongyang". NK News. 6 July 2012. Retrieved 2 March 2015.
  26. ↑ 국보법 존속은 인권 후진국 자처하는 것. Journalists Association of Korea (한국기자협회) (in Korean). 23 May 2007. Retrieved 19 November 2011.
  27. ↑ Chin (진), Na-ri (나리) (1 August 2011). "유시민 "MB정권, 60년 묵은 국보법 악용 또 발동"". Newsface (in Korean). Retrieved 5 October 2011.
  28. ↑ Lim, Louisa (1 December 2011). "In South Korea, Old Law Leads To New Crackdown". National Public Radio. Retrieved 3 December 2011.
  29. ↑ Kwon (권), Min-cheol (민철); Lee Ji-hye (이지혜) (3 December 2011). 美 방송, "MB정부서 매카시즘 공포" 매섭게 비판. No Cut News (in Korean). Retrieved 3 December 2011.
  30. 1 2 Im (임), Sang-hun (상훈) (11 November 2011). "이 땅에서 빨갱이로 몰려 산다는 것은" 오송회 사건 피해자의 절규. No Cut News (in Korean). Retrieved 12 November 2011.
  31. ↑ Families Of Eight Wrongfully Executed South Korean Political Prisoners Awarded Record Compensation. The People’s Revolutionary Party 8 The Asia-Pacific Journal (The Hankyoreh)
  32. ↑ Lee (이), Ung (웅) (12 June 2011). `좌익활동 옥살이. Yonhap News Agency (in Korean). Retrieved 24 September 2011.
  33. ↑ Na (나), Hwak-jin (확진) (18 August 2011). `간첩 누명' 구명우씨 24년만에 무죄. Yonhap News Agency (in Korean). Retrieved 24 September 2011.
  34. ↑ Na (나), Hwak-jin (확진) (23 September 2011). 재일동포 간첩사건 34년만에 무죄. Yonhap News Agency (in Korean). Retrieved 30 October 2011.
  35. ↑ Kim (김), Jeong-hun (정훈) (20 October 2011). ‘간첩 누명’ 납북어부, 27년 만에 무죄. The Kyunghyang Sinmun (in Korean). Retrieved 21 October 2011.
  36. ↑ Park (박), Yu-ri (유리) (28 October 2011). 죽은 어부의 절규 … "나는 간첩이 아니다". Kuki News (in Korean). Retrieved 19 November 2011.
  37. ↑ Sohn (손), Sang-weon (상원) (25 December 2011). 납북어부 간첩사건 연루 2명 재심서 무죄. Yonhap News Agency (in Korean). Retrieved 15 January 2012.
  38. ↑ Park (박), Su-jin (수진) (22 May 2012). 대법, 간첩 누명 故변두갑씨 27년만에 무죄 확정. Yonhap News Agency (in Korean). Retrieved 22 May 2012.
  • Park(박), Jae-kyu(재규) (2009-06-07). "Time to change Security Act". Yonhap News.
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