There is the National Security Law, a special law, in South Korea and the general criminal law in North Korea for the national existence and security. The National Security Law of the Republic of Korea has undergone eleven revisions since established in 1948. North Korea's criminal law, on the other hand, was established in 1950 and revised ten times.
The National Security Law has the avowed purpose "to restrict anti-state acts that endanger national security and to protect [the] nation's safety and its people's life and freedom." The criminal law of North Korea champions the mission that tightens the disciplines on penal responsibility and criminal system on crimes: and contributes to preserving national sovereignty and socialist system and to securing the people's self-reliant and creative life. In particular, North Korea's criminal law defines anti-state and anti-national crimes.
While the National Security Law of South Korea and the criminal law of North Korea differ from each other in whether it is general law or special law, there are many similarities in what they define. The National Security Law defines the deeds of anti-state group that undermines the existence and security of nation and the liberal democratic order as crime, while North Korean criminal law deems the deeds that endanger national sovereignty and socialist system, i.e. anti-state and anti-national activities, as crime.
In the meantime, some of South Koreans argue that the National Security Law must be abolished or be included in the criminal law, as the law impedes the reunification and exchange between the two Koreas. However, they should learn the purpose of the enactment of North Korean criminal law and the stipulations of the law on anti-state and anti-national crimes.
North Korea's criminal law, which has the feature of political law, is a means to maintain and strengthen the regime. There is room for human rights violation in the application of the law, as it allows analogical interpretation. In addition, in North Korea, people's court and public trial take place for the purpose of domestication of the people and the superior organizations are authorized to control the court. Furthermore, given that penalties are used as a means to suppress and punish the people in socialist nations, the punishment is violent and serves as arms to realize proletarian dictatorship.
There are 14 categories of crime types including conspiracy against the state, in the anti-state and anti-national crimes stipulated by the North Korean criminal law. North Korea's definition on the anti-state and anti-national crime makes definition of all types of crimes also stipulated by South Korea's criminal law and national security law, South Korean versions of security criminal law and the sentences are severe.
The opponents of the National Security Law have insisted upon abolishment of the law, saying there have been so many cases of human rights infringement triggered by the past government that abused the National Security Law, which is an unconstitutional bad law, just in order to prolong the rule. However, the human rights violation caused by the misapplication of the law in the past is one thing, and the question of maintenance or abolition of the law is another. The contents of the National Security Law that had the elements of human rights violation were already ruled unconstitutional by the constitutionality review conducted by the Constitutional Court. When the Constitutional Court made the decision, the contents regarding the issue were revised, solving most of the problems the contents of the National Security Law contained. Now, what is more important is the proper application of newly-revised laws, grounded on the principles of rule of law.
The conclusion is that the National Security Law should remain. Even in case of abolishment or supplementation of the National Security Law along with the situation changes, the contents of law, established for the existence and security of nation and preservation of liberal democracy, should be stipulated in positive law, criminal law or the National Security Law. We should recognize that individual human rights and freedom can be protected and enjoyed only when nation is secured to exist and the constitutional ideology of liberal democracy is preserved.