Constitution:

Article 21 [Speech, Press, Assembly, Association, Honor, Public Morals]

(1) All citizens enjoy the freedom of speech and the press, and of assembly and association.

(2) Licensing or censorship of speech and the press, and licensing of assembly and association may not be recognized.

(3) The standard of news service and broadcast facilities and matters necessary to ensure the functions of newspapers is determined by law.

(4) Neither speech nor the press may violate the honor or rights of other persons nor undermine public morals or social ethics. Should speech or the press violate the honor or rights of other persons, claims may be made for the damage resulting therefrom.

National Security Law

While most political discourse is unrestricted, under the NSL the Government limits the expression of ideas that the Government considers Communist or pro-North Korean. Broad interpretations of the NSL allow for restrictions on the peaceful expression of dissenting views.

Although most radio and television stations are state supported, the stations maintain a large degree of editorial independence in their news coverage. While the Government has abandoned direct control over the news media, it continues to exercise considerable indirect influence. Journalists and editors practice some degree of self-censorship, avoiding or softening criticism of the Government in order to advance their careers.

Prosecutors continued to indict dissidents under the NSL for producing, selling, or distributing pro-North Korean or pro-Communist material. Because prosecutors are allowed wide latitude in determining motives for possessing or publishing such material, people continued to be arrested for NSL violations.

These are the customs that South Koreans observe, suggested by Wonyoung Choi:

As a person in your own home you can say anything you want.

In public there are things you can not talk about.

You can not talk about the Presidents' private life. For example the publicity following the Clinton-Lewskinky situation would have never been allowed. This also applies to government officials in general, criticizing the private life of the government is taboo. To the people this makes the president and the government seem weak. If they seem weak there is a fear that North Korea might invade.

Along the same line of thinking, they can jail you for being communist. They feel that it shows opportunity for the North Koreans, and feel that if they show weakness the North Koreans will invade and take over.

Also, you should not say negative things about the government. If you try to print or air something they don't like they won't air it because the government controls the newspapers, and broadcasting.

Korean freedom of speech law is a copy from Germany and Japan. The law is on a higher level. The government and the people do not really understand it. The government does not necessarily use this law.

You can talk about the laws, even if you do not like them.

Last updated 2000/07/31

Nathan Hamblen
Diane Dennison
An Nguyen
Ben Moser
Jeff Grant