[Exclusive] Democratic Party's Lee Gyumin Proposes Bill to Abolish National Security Law Praise and Incitement Offenses

Lee Gyumin, member of the Democratic Party of Korea. (Facebook photo)

[Asia Economy Reporter Park Cheol-eung] Lee Gyu-min, a member of the Democratic Party of Korea, has introduced a bill to amend the National Security Act (Gukbo-beop). The main point is to abolish the crime of praise and incitement. This is the first amendment bill from the progressive ruling party since the Unified Progressive Party pushed for the abolition of the National Security Act in 2004.

According to the National Assembly's legislative information system on the 22nd, Lee submitted a partial amendment bill to the National Security Act. It was co-sponsored by Kim Yong-min, Kim Cheol-min, Shin Jeong-hoon, Yang Jeong-sook, Yoon Young-duk, Kim Nam-guk, Lee Dong-joo, Lee Seong-man, Lee Soo-jin (proportional representation), Jo Oh-seop, and Choi Hye-young from the same party, Kim Jin-ae from the Open Democratic Party, and Kim Hong-gul, an independent lawmaker.

Lee stated, "The era of the unconstitutional crime of praise and incitement has passed, and judicial resolution is also difficult. By abolishing the crime of praise and incitement through legislation, we aim to restore the freedom of expression and bodily freedom guaranteed by the Constitution."

Article 7 of the National Security Act states, "Anyone who, knowing that it endangers the existence, safety of the state, or the free democratic basic order, praises, incites, propagandizes, sympathizes with the activities of an anti-state organization or its members or those who have received orders from them, or propagandizes or agitates for a rebellion against the state, shall be punished by imprisonment for up to seven years."

Lee pointed out, "Since its enactment in 1948, the National Security Act has held the status of a special law over the criminal law, but it excessively suppresses freedom of expression and infringes on bodily freedom, drawing criticism and calls for improvement not only domestically but also internationally. In particular, the United Nations (UN) has expressed concerns about violations of freedom of thought and expression and has continuously recommended the abolition of Article 7 of the National Security Act four times from 1992 to 2015."

He added, "The criteria for judging praise and incitement are subjective, and there is a risk that interpretation and application vary depending on the political orientation, values, and changes of the times of law enforcers. In fact, the frequency of application of the law varies greatly depending on the ruling government's tendencies. This fluidity violates the principle of clarity established by the Constitution, excessively restricts the people's freedom of expression, and tends to infringe on bodily freedom."

Lee also said, "Now is not an era when the existence, safety, or free democratic basic order of the Republic of Korea can be threatened through praise and incitement, and the political and temporal awareness of the Korean people is not so backward as to require a law banning praise and incitement. According to this popular perception, Article 7 of the current law has become obsolete."