국가보안법과 남남갈등

Abstract

The National Security Law of the ROK and the so-called "South-South Conflict"Jhe, Seong-HoThe National Security Law(NSL) of the ROK has been under serious challenge of annihilation on account of its inhumane or human rights derogating character since its enactment in 1948. It is also one of the main items under the so-called "South-South Conflict" in Korean society. Public opinion is now sharply separated on the abolition issue of the NSL.On the one hand, people who stand on the position of maintaining the NSL are principally concerned with national security. They argue the NSL should not be annihilated before the DPRK forgives its long-cherished strategy for South Korean revolution. On the other hand, people who stand on the position of abolishing the NSL instantly are more concerned with the protection of human rights than nationalk security. They emphasize the NSL infringes upon the doctrine of prescribing crime and penalty by law and so it should be got rid of as soon as possible.As to the abolition issue of the NSL, it must be remembered not only national security but also human rights are important to our society. We should also take into account the fact that South and North Korea are a divided country, contesting mutually with each other. In this regard, it is proper the NSL should be partially amended in the near future as a way of managing the so-called "South-South Conflict" peacefully. For the amendment of the NSL, we could primarily consider such provisions concerning the definition of anti-state organization, the crime of applauding or encouraging anti-state organization, the crime of failure to notify the crimes prohibited by the NSL to the judicial authorities and the like