A Brief Study on the Legitimacy of the National Security Act Examined through the Case of Cheongju SPY RING

Abstract

Purpose: In this study, the Cheongju Spy Ring incident offers a clear answer for the question of “Are there still spies?” in some parts of our society. It confirms the fact that North Korea is continuously carrying out espionage in South Korea regardless of the situation between the North and South Koreas. Hence, it is intended to discuss the legitimacy of the National Security Act, which is faced with the possibility of repealment, and the ripple effect of its repealment via an actual analysis of the Cheongju Spy Ring incident.

Method: This study examines the legitimacy of the National Security Act and its ripple effects when it is repealed by analyzing the Cheongju Spy Ring incident. It will examine the differences of opinion on the controversy over the existence of the National Security Act to date. The content analytical method and the literature analytical method were implemented comprehensively and specifically for the contents of various aspects of the incident.

Results: Concerning the enactment and repealment of the National Security Act, it is necessary to respond with a clear awareness from the perspective of national security and the maintenance and development of the liberal democratic system. The National Security Act has the purpose to guarantee the people's freedom and human rights by restricting anti-state activities which undermine the national security, not anti-unification-anti-democratic-anti-civil evil laws as North Korea claims. Furthermore, as evident in foreign cases, it can learned that the law is by no means a strong law.

Conclusion: In conclusion, when the National Security Act is repealed, then first, from the security and military perspective, it would be impossible to punish the North Korean spies and the anti-state activists. Second, in terms of the political aspect, political instability will be aggravated by the conflicts between the ruling party pushing for the repealment of the National Security Act and the opposition party opposing thereto, which will further lead to the political instability and social disturbance. Third, in terms of the social aspect, the conflicts between the left and the right wings over the enactment and repealment of the National Security Act will intensify, and the division of public opinion and social unrest will further expand at best. Fourth, the political instability is expected given the increased conflicts among relevant departments within the government. Fifth, in terms of the inter-Korean relations, the federal unification drive after the repealtment of the National Security Act by the North will be a prerequisite for improving the inter-Korean relations, thereby growing the pressure on South Korea. Ultimately, the repealment of the National Security Act will undermine the constitutional system of the Republic of Korea by threatening and destroying not only the security of the Republic of Korea but also the basic order of liberal democracy in the political, economic, and social areas.

[Keywords] Cheongju Spy Ring, National Security Act, National Security, Anti-Government Organization, Spy in South Korea

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