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 

The National Security Law provides long prison sentences and
even the death penalty for "anti-state" and "espionage"
activities but these terms are not clearly defined and have
often been used to imprison people unfairly. Most arrests
today are under Article 7 of the law which provides up to
seven years' imprisonment on vaguely-defined charges of
"praising" and "benefitting" North Korea. The law also
punishes those who have unauthorized contacts with North Korea
or who fail to report such contacts. The majority of people
arrested under the National Security Law are held for
exercising their rights to freedom of expression and
association. 

After decades of military rule, South Korea held direct
presidential elections in the late 1980s and has since
developed a democratic form of government. But there is still
an intolerance of left-wing or socialist views which are often
regarded as being pro-North Korean. This sits uneasily with
the government's new "sunshine policy" towards North Korea
which actually encourages more civilian and business links
with the North. 

The National Security Law was amended in 1991, but these
amendments were not far reaching and had little practical
effect on arrests. President Kim and his Minister of Justice
have assured Amnesty International that the law will not be
misused, but they seem unable or unwilling to prevent new
arrests from taking place. 

Comments by United Nations bodies 

In July 1992 the UN Human Rights Committee made the following
comment after examining South Korea's initial report under the
International Covenant on Civil and Political Rights (ICCPR,
ratified by South Korea):
". . . the Committee recommends that the State party intensify
its efforts to bring its legislation more in line with the
provisions of the Covenant. To that end, a serious attempt
ought to be made to phase out the National Security Law which
the Committee perceives as a major obstacle to the full
realization of the rights enshrined in the Covenant and, in
the meantime, not to derogate from certain basic rights".
In November 1995 the UN Special Rapporteur on the promotion
and protection of the right to freedom of opinion and
expression made the following recommendation, after a mission
to South Korea:
"a) The Government of the Republic of Korea is strongly
encouraged to repeal the National Security Law and to consider
other means, in accordance with the Universal Declaration of
Human Rights and the International Covenant on Civil and
Political Rights, to protect its national security.
c) All prisoners who are held for their exercise of the right
to freedom of opinion and expression should be released
unconditionally. The cases of prisoners who have been tried
under previous governments should be reviewed, due account
being taken of obligations arising under the International
Covenant on Civil and Political Rights. . ."
In October 1998 the UN Human Rights Committee published its
views on a National Security Law case submitted under the
Optional Protocol to the ICCPR. It stated that the conviction
of Park Tae-hoon in 1993 by South Korea's Supreme Court had
constituted a violation of his right to freedom of expression,
in accordance with Article 19 of the ICCPR. It called on the
South Korean Government to provide a remedy to the former
prisoner and to ensure that similar violations do not occur in
future. 

1998 arrests under the National Security Law 

The following cases are typical of those arrested in 1998
under Article 7 of the National Security Law on charges of
"praising" and "benefitting" North Korea. In February
publisher Lee Sang-kwan was arrested for publishing books
about the lives of long-term political prisoners and about
women in North Korea; in April a young student called Ha
Young-joon was arrested for posting a socialist text on a
computer bulletin board; a group of youth activists were
arrested in June for forming the "Anyang Democratic Youth
Federation" which was alleged to be pro-North Korean and the
group's leader, Kim Jong-bak, was sentenced to two years'
imprisonment; a 78-year-old minister called Kang Hee-nam was
arrested in August for organizing a rally on behalf of
Pomminyon, a group alleged to be pro-North Korean; Catholic
priest Moon Kyu-hyun was arrested for allegedly praising North
Korea when he visited the country in August, even though his
visit had been approved in advance by the government.
Throughout the year student leaders belonging to the national
student union Hanchongnyon were arrested simply for being
affiliated to an organization which is alleged to support
North Korea. In some cases, students were additionally charged
for violent acts during clashes with riot police.


Some prisoners arrested over the past year were sentenced to
long prison terms. They included 15 trade union and political
activists arrested in July 1998 on charges of forming an
"anti-state" organization. They were given sentences of
between three and 15 years' imprisonment for establishing and
joining the "Youngnam Committee" with alleged links to North
Korea and spreading North Korean ideology throughout society.
Amnesty International believes the charges are unfounded and
is concerned that the 15 appear to have been arrested
principally because of their opposition to government policies
and as a means of curtailing anti-government protests. The
arrests took place at the time of mass strike action in South
Korea and those arrested were actively involved in the trade
union movement and opposition to government economic and
social policies. They included Pang Suk-soo, an education and
publicity official working for the Korean Confederation of
Trade Unions; Kim Myong-ho, a regional director of the Korean
Metal Workers' Federation and Lee Eun-mi, the leader of a
women's association. 


Long-term political prisoners 

During 1998 the new government released over 150 political
prisoners in two prisoner amnesties, but only on condition
that they sign a "law-abiding oath". For reasons of
conscience, some political prisoners refused to sign such an
oath and they were not released. Those who agreed to sign and
were released received a warning that certain anti-government
and political activities could result in their
re-imprisonment. 


Seventeen National Security Law prisoners held for between 28
and 40 years were not released because they refused to sign
the law-abiding oath. They included Woo Yong-gak, aged 69, who
has been in prison since 1958; and Hong Yong-gi, aged 69, who
has been in prison for 36 years. These elderly long-term
prisoners were reported to be in poor health, having suffered
decades of imprisonment in poor conditions and with little
access to the outside world. Other prisoners who were not
released included Cho Sang-nok and Kang Yong-ju who were
convicted under the National Security Law in 1978 and 1985
respectively; and Ahn Jae-ku, aged 65, who was arrested and
convicted in 1994. 


Amnesty International has continued to call for the release of
these and other long-term political prisoners. In early 1999
President Kim Dae-jung said there would be another prisoner
amnesty in March 1999 but that once again prisoners would have
to sign a "law-abiding oath" in order to qualify for release.



Amnesty International's recommendations to the government


The National Security Law should either be substantially
amended or abolished. Amendments to the law or any new
security legislation must be in line with international human
rights standards.
All political prisoners held for the non-violent exercise of
their rights to freedom of expression and association should
be unconditionally released, including remaining long-term
political prisoners who were not released in 1998 because they
refused to sign a "law-abiding oath".
The government should implement in full the recommendations
made to it by the UN Human Rights Committee and other UN
bodies with regard to the National Security Law.