국가보안법 개정론 - 헌법국가의 관점에서 -

• 영문명: The Revision of National Security Law
• 발행기관: 한국헌법학회
• 저자명: 김상겸(Sang-Kyum Kim)
• 간행물 정보: 『헌법학연구』憲法學硏究 第10卷 第4號, 155~185쪽, 전체 31쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2004.12.01

영문 초록

National Security Law has long been at the heart of heated debates in our society. Whether to scrap or retain the National Security Law has had a different meaning and context according to the changes of society. To have a meaning of existence that acts as a means of social order, law must absorb social agreement. At this moment, we need to discuss the matter of National Security Law, reflecting our times of enlarged trades, currents between the South and the North, and so on. Were there a problem in the current National Security Law, revision is needed. The law was abused by government authority and had much of a potency to invade human rights. This was officially confirmed by the Constitutional Court. But on the other hand, it played a positive role of protecting us from the dangers of communist infiltration. And it is hard to say that the judicature will apply the law in random as in the past, through subjective comprehension. It is also doubtful of denying the law itself for the sake of preventing improper usage. As the debate over whether to scrap or retain National Security Law has started, we must scrutinize all provisions of National Security Law. But we must remember haste makes waste. We should take enough time. The law's opponents say that it is a law of human rights in invasion, which has only divided the country over half a century. But is this the only aspect in fact. It is obvious that the main target of the law is North Korea. No one denies that North Korea is the half of our face, a partner of our way to reunification. And because of this, we must have prudence in determining the law's fate. There are also a great number of people who agrees to the entity of National Security Law. Although law is enacted in the legislative body, its virtual roots are people who have the rights. And as a democratic citizen in d democratic country, we should have more interest to our people. Troops of the South and the North at the truce line are still against each other. The contradiction of standing opposite to each other and trying to open a new era of peace at the samen time is the reality of korean peninsula. It is obvious we should strive for active currents in economy and cultures for our future's sake. But we should be always prepared for unexpected danger as well, and this must be continued till the arrival of peace and unification in korean peninsula. Virtual human rights guarantee by the government can be retained only when the gut focuses on keeping safety and life of people. We may lose everything if we fail to recognize the other side of a coin. When the iron fence is removed and when peace greets us instead, and when everyone trusts this peace, then we will no longer need the National Security Law.

목차

Ⅰ. 들어가는 말

Ⅱ. 헌법현실 속에서의 국가보안법

Ⅲ. 헌법국가와 국가보안법

Ⅳ. 국가보안법의 방향과 미래

Ⅴ. 맺음말

참고문헌

Abstract