Law of South Korea - Civil Rights

Civil Rights

Citizens of the Republic of Korea are guaranteed several rights by Chapter II of the Constitution. These rights include (but are not limited to):

  • freedom of speech, religion, assembly, and the press;
  • the rights to vote, hold public office, and petition the government;
  • protections against double jeopardy, involuntary labor, ex post facto laws, and warrantless searches of residences; and
  • the rights of education, work, marriage, and health

In addition to the rights granted in this section of the Constitution, two duties are imposed upon citizens of the Republic of Korea: the duty to pay taxes and the duty to enter into military service. In addition, Article 37(2) provides that the "freedoms and rights of citizens may be restricted by law only when necessary for national security, the maintenance of law and order, or for public welfare."

One limitation placed on civil rights in South Korea is the National Security Act, which limits "anti-government activities." In particular, the National Security Act criminalizes activities such as promoting anti-government ideologies (especially communism) or joining anti-government organizations. The Constitutional Court has narrowed the applicational scope of the National Security Act over the years.

Nevertheless, Korean activist lawyers had managed to become a formidable institution within Korea's legal system, in part due to the election of Roh Moo-hyun as president.

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Famous quotes by civil rights:

    Virtue and vice suppose the freedom to choose between good and evil; but what can be the morals of a woman who is not even in possession of herself, who has nothing of her own, and who all her life has been trained to extricate herself from the arbitrary by ruse, from constraint by using her charms?... As long as she is subject to man’s yoke or to prejudice, as long as she receives no professional education, as long as she is deprived of her civil rights, there can be no moral law for her!
    Flora Tristan (1803–1844)

    What I fear is being in the presence of evil and doing nothing. I fear that more than death.
    Otilia De Koster, Panamanian civil rights monitor. As quoted in Newsweek magazine, p. 15 (December 19, 1988)

    I’ve never been afraid to step out and to reach out and to move out in order to make things happen.
    Victoria Gray, African American civil rights activist. As quoted in This Little Light of Mine, ch. 3, by Hay Mills (1993)