국가보안법의 현재 상황과 폐지의 당위성

Abstract

In this paper I tried to examine the current issues in relation to the abolition of the National Security Law(the NSL below), and to suggest some reasons why the NSL cannot but be abolished and the enactment of law for the NSL abolition is the most constitutional alternative. Firstly, although the number of the restrained by the NSL decreased in the Roh Government, the Supreme Court has not changed the view on the North Korea as an anti-state organization. Secondly, the 17th National Assembly is faced with the task of NSL revision/abolition, and the progressive civil movements have expressed their abolition opinion on the NSL without the enactment of an alternative act or the amendment of the Criminal Law. Their opinion was rooted, I think, in the members of an argument against the NSL enactment in the Constitutional Assembly. Thirdly, the NSL abolition law has only to be reviewed by the standard of resonable test in comparison with the rigid application of clear and present danger test on the NSL. Because the NSL has been applied with infringement on the fundamental human rights protected by the Constitution. In conclusion, therefore, I assert it is the most constitutional alternative to enact ‘The Law for the NSL abolition’ without the enactment of an alternative act or the amendment of the Criminal Law.