South Korean Law - 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.