대한민국 헌법재판소 귀중 - 대한민국 헌법재판소의 국가보안법 헌법소원 사건의 공개변론에 대한

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.”31 The HRC also recognizes the relationship between “opinion and thought” under Articles 18 and 19, as well as the “relationship of freedom of expres. [...] According to Article 8 of the ICESCR, the right to “form trade unions and join the trade union” of one’s choice cannot be restricted unless “prescribed by law and which are necessary in a democratic society in the interests of national security or public order or for the protection of the rights and freedoms of others.” 39 27. [...] The principles were endorsed by the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Abid Hussain, in his reports to the UN Commission on Human Rights (UNCHR) and has been regularly referred to by the OHCHR in its resolutions every year. [...] 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.