Praising and Encouraging Under National Security Act
South Korea Constitutional Court
2 KCCR 49, 89 Hun-Ka 113 (1990)
- Written by Kelly Simon, JD
Facts
Article 7 (1) of South Korea’s National Security Act (the act) punished any person that praised, encouraged, sympathized, or benefited through other means any antistate organization, its members, or actors with imprisonment for up to seven years. The act targeted anyone who duplicated, possessed, transported, distributed, sold, or acquired a document, drawing, or other expressive article in furtherance of praising and encouraging antistate activities. The South Korean government (plaintiff) prosecuted individuals (defendants) for allegedly violating Article 7 of the act. The individuals were charged with possessing and distributing books and other material for the benefit of an antistate organization. As part of their defense, the accused parties filed a motion for constitutional review of Article 7(1) of the act. The defendants argued that the South Korean constitution prohibited the government from prosecuting individuals for a vaguely articulated antistate crime. The presiding judge granted the motion.
Rule of Law
Issue
Holding and Reasoning ()
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