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Abolishment of National Security Act Recommended [2004] KRNHRC 42 (1 August 2004)

The National Security Act was an emergency measure enacted and promulgated on
December 1, 1948, after the Jeju-do April 3rd Incident and military mutiny in Yeosu and
Suncheon. It has been the subject of heavy criticism since the time of its legislation due to
its potential for human rights violations. It has since been the subject of incessant debate
with regard to its unconstitutionality due to anti-democratic provisions and frequent
occurrences of human rights violations that have been committed in its enforcement.
International human rights organizations including the UN and NGOs have on numerous
occasions recommended the government of Korea that the Act be revised or abolished
because it violates international human rights laws. Since the Commission was launched, it
has received some 40 petitions and complaints calling for the abolishment of the Act.

At a workshop attended by all commissioners on January 7, 2003, it was decided that
the Committee would organize a task force team to investigate and study the National
Security Act. Outside experts were also included in the TFT. Under the leadership of the
TFT, the Commission started systematic, in-depth review of the National Security Act.
Based on the findings of the TFT, the Commission submitted a recommendation to the
National Assembly and the Ministry of Justice in August 2004 calling for the National
Security Act to be abolished. Details of the recommendation will be discussed in the
Part III: Special Projects.