87년 후 20년간의 사회통제 법제 - 시민적 자유에 관한 신자유주의의 역설 -

Abstract

This thesis is aiming at making clear how the society-controlling laws, by which I mean the laws or legal system to control and intervene in civil society, have changed for twenty years since 1987 democratization. The society-controlling laws since 1987 can be characterized as follows: First, the direct controls on thoughts have been maintained such as National Security Law and Security Observation Law which punish thought crimes and surveil the released thought-criminals. Secondly, the action-controlling laws have been gradually strengthened, as can be seen in several revisions of the Assembly and Demonstration Law. Thirdly, the controls over electronic information have been strengthened and thereby have place the people under the routine electronic surveillance. It can be seen in the changes of the Protection of Communications Secrets Act and the IT Network Law and in the Criminal Justice Information Integrating Project. And finally, the society-controlling laws have been 'legalized' or 'legislated'. It seems a paradox that the Korean neoliberalism stands for, but actually suppresses the liberties, more precisely, the political and civil liberties. Nonetheless it is not paradoxical, considering the state-initiated character of neoliberalism. The neoliberal states are taking positive actions to repeal the social democratic measures on the one hand and to suppress the people demanding the realization of those measures on the other hand. It still remains our task to give theoretical and practical assistance to those who struggle for the fundamental civil and political rights, which the Constitution guarantees while neoliberalism denies.