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15 B.U. Int'l L. J. 125 (1997)
Tension between the National Security Law and Constitutionalism in South Korea: Security for What

handle is hein.journals/builj15 and id is 131 raw text is: TENSION BETWEEN THE NATIONAL SECURITY LAW AND CONSTITUTIONALISM IN SOUTH KOREA: SECURITY FOR WHAT? Kuk Cho* TABLE OF CONTENTS I. INTRODUCTION: Two PARALLEL-RUNNING VIEWPOINTS ON THE NATIONAL SECURITY LAW ........................ 126 II. A BRIEF HISTORY OF THE NATIONAL SECURITY LAW ..... 130 A. Product of the Cold War and National Division ....... 130 B. Tool for the Military-Authoritarian Rule ............... 132 C. Democratization and the National Security Law ....... 135 III. THE STRUCrURE OF THE NATIONAL SECURITY LAW BASED ON A CONCEPT OF ENEMY . ..................... 138 IV. IRRECONCILABLE CONFLIcr BETWEEN THE NATIONAL SECURITY LAW AND CONSTITUTIONALISM ................. 141 A. Procedural Unconstitutionality ......................... 142 B. Procrustean Bed for Political and Civil Rights ....... 143 1. Vague Terminology ................................ 143 2. Rampant Infringement of Civil and Political Rights ............................................. 147 a. Denial of Freedom of Conscience .............. 147 * J.S.D. Candidate, University of California at Berkeley School of Law; Ph.D. Candidate, Seoul National University Graduate School; Seoul National University College of Law, Korea, LL.B. (1986); Seoul National University Graduate School, Korea, LL.M. (1989); Law Professor (1992-1994), University of Ulsan, Korea; University of California at Berkeley School of Law, LL.M. (1995). This Article is based on the author's unpublished LL.M. thesis (1995) at the University of California at Berkeley School of Law. Korean names in this Article are given in the Korean name order, with the family name first. The names of the Korean authors who have published in English are given as they are in their publications. The Korean courts' decisions are cited from the Kingsfield 3.0 (Seoul: K & B Company, 1996). The author dedicates this Article to his friend, the late Park Jong-Chul, whose death by so-called submarine torture triggered the June Struggle of 1987, opening a road toward democratization. See CARTER J. ECKERT ET AL., KOREA OLD AND NEW: A HISTORY 381-82 (1990). The author would also like to thank the llju Scholarship and Culture Foundation for supporting his study in the United States.

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