In the Constitutional Court of Korea

The following articles of the UDHR are relevant to the National Security Act of South Korea, touching upon the right to liberty and security of person, right to be free from torture, freedom of thought, freedom of opinion and expression, freedom of peaceful assembly and association and right to cultural life. [...] 34 on freedoms of opinion and expression, the HRC has emphasized that freedoms of opinion and expression are “indispensable conditions for the full development of the person” and “constitute the foundation stone for every free and democratic society.”5 The HRC also recognizes the relationship between “opinion and thought” under Articles 18 and 19, as well as the “relationship of freedom of express. [...] The alleged purpose of the restriction is national security, which can be a legitimate objective of restriction on both the freedoms of opinion and expression and freedom of assembly and association.26 The necessity based on national security, however, should be assessed strictly against the standards of a democratic society and the rule of law and necessary “to preserve the State’s capacity” to p. [...] Article 7 of the National Security Act has the potential of depriving an individual of one’s right to “take part in cultural life” and to benefit from the “moral and material interests” of one’s production under Article 15 of the ICESCR and Article 27 of the UDHR. [...] In the Second Cycle of the UPR in 2012, Germany, Norway, Spain and the USA advised South Korea to amend the National Security Act to avoid abusive interpretation of the law.48 Spain specifically commented that the application of the National Security Act should fully respect the freedom of expression.49 Australia recommended for South Korea to regularly review the application of the law, “to ensur.