Foreign Relations of the United States, 1958–1960, Japan; Korea, Volume XVIII

249. Airgram From the Embassy in Korea to the Department of State⁰

Seoul, November 26, 1958.

G–99. Ref.: D–127, September 5, 1958.¹ Government November 18 submitted new draft revision National Security Law² to Assembly. Bill represents improvement over original draft in providing more legal safeguards for suspects. Prohibition by court order of access to counsel during first ten days of detention and substitution of two-trial system for customary three-trial legal procedure, which among most controversial provisions first draft, both omitted. However, aside from narrowing of “national secrets” to exclude information which already public knowledge, no improvements have been made in first revision’s dangerously loose definitions of espionage activity, and the bill has been made even more objectionable and susceptible to Government abuse by the addition of a provision penalizing “anyone who has benefitted the enemy by disturbing the people by reporting or spreading false facts or distorted news.”

Submission on bill has touched off major Assembly struggle. Early attempts to arrange compromise have apparently failed. Democratic Party statement November 23 denounced bill as tending destroy press freedom and suffocate Opposition Party, insisted that existing laws sufficient to handle dangers national security. DP also called for public hearings on measure, repeated demand rejected earlier by Assembly that bill be considered by National Defense and Home Affairs Committees as well as Legislation-Justice Committee. Opposition Party also seeking arrange united front with Assembly Independents to prevent passage of draft by what DP Floor Leader Yu³ called “death-defying struggle.”

Liberal Party, which insists new measure necessary combat increased threat Communist subversion, states will give National Security revision priority over passage 1959 budget. Consideration, prompt passage by Legislation-Justice Committee forecast for later this week. LP legislators approved charter for “Anti-Communist Fighting Committee” to support passage of bill November 22. This committee, originally suggested to combat DP “United Front” tactics, expected begin operations shortly; Opposition, press alleges it similar terroristic groups used cow Administration opponents during 1952 Constitutional crisis.⁴ Despite these charges, indications are Committee will operate only as Assembly body, at least initially.

Press highly critical new draft, alleging newly added provision will destroy press freedom. Independent Hanguk Ilbo and Choson Ilbo, independent Liberal Yonhap Sinmun, all opposing measure, reducing bill’s supporters to hard core Government and pro-Government organs. Korean Editor’s Association issued statement November 23 opposing bill and pledging all out fight against measure. Editors only four Seoul dailies, Seoul Sinmun, Seige Ilbo, Korean Republic, and Sanup Kyungjai Sinmun, declined join campaign.

Dowling

0. Source: Department of State, Central Files, 795B.00/11–2658. Confidential.
1. Despatch 127 from Seoul, September 5, reported that on August 5 the State Council adopted and then submitted to the National Assembly a revision of the National Security Law that differed substantially from the act which was adopted in 1948. The proposed 42-article act was much more detailed and extensive than the existing legislation and placed increased emphasis upon espionage activity and the curtailment of the civil and judicial rights enjoyed by suspects. (Ibid., 795B.00/9–558) See Supplement.
2. A copy of the text of this draft National Security Law was transmitted to the Department as an enclosure to despatch 309 from Seoul, December 23. (Department of State, Central Files, 795B.00/12–2358) See Supplement.
3. Yu Chin-san.
4. Reference is to the constitutional crisis that began in May 1952 and culminated on July 5 when the National Assembly voted, under pressure organized by President Rhee, to amend the constitution to provide for the popular election of the President and the establishment of a separate upper house. For documentation on the U.S. reaction to the crisis, see Foreign Relations, 1952–1954, vol. XV, pp. 187 ff.