A person on trial for the so-called "Cheongju spy group" case claimed that the National Intelligence Service (NIS) had surveilled him and filed a lawsuit demanding the disclosure of internal guidelines. The Supreme Court ruled that it is justified to keep some guidelines confidential, stating that the information in question is "likely to significantly harm the vital interests of the state."
According to the legal community on the 20th, the Supreme Court's First Division (Chief Justice Roh Kyung-pil) upheld an appellate ruling made on the 27th of last month, which dismissed appeals from both sides in a lawsuit seeking the annulment of the NIS's decision to keep information confidential concerning defendant Park, who is charged with violating the National Security Law.
Park is on trial for violating the National Security Law in a case known as the "Self-reliant Unification Chungbuk Comrades Association". Previously, Park and three other officials from the Chungbuk Comrades Association were accused of receiving $20,000 from North Korea and reporting on domestic conditions. Park is known to have served as a contact for this group. He was indicted in September 2021, along with the other three, on charges of violating the National Security Law and organizing a criminal organization.
Park alleged that the NIS unlawfully surveilled him for an extended period. He requested the disclosure of the NIS's internal guidelines, known as "Basic Guidelines for Information Activities," to verify the legality of the investigation. The NIS refused to disclose the guidelines, citing Article 9 of the Information Disclosure Act, which states that information that could significantly harm the national security interests may not be disclosed. In response, Park filed a lawsuit, arguing that the guidelines are not directly related to national security.
The first trial determined that only one of the 12 articles (Article 7) should remain confidential, while the others must be disclosed. The court stated, "Article 7 pertains to specific procedures regarding the NIS's information activities, and its disclosure could impede the proper execution of legitimate duties." Regarding the other articles, the court ruled that "they do not contain information related to the organization of the NIS and do not pertain to information likely to significantly harm the vital interests of the state if disclosed." The NIS appealed this first trial ruling.
The second trial expanded the range of information deemed confidential compared to the first trial. It ruled that not only Article 7 but also Articles 6 and 11 should be kept confidential. The court stated, "Articles 6 and 11 specify and regulate the scope of measures for the NIS's job performance and protection of information activities, and their disclosure could impede the proper execution of the NIS's legitimate duties." Furthermore, it recognized that "this information is entirely related to matters concerning national security, defense, unification, and diplomatic relations, and its disclosure could significantly harm the vital interests of the state."
Both Park and the NIS appealed the second trial ruling. However, the Supreme Court found no issues with the second trial ruling.
Meanwhile, Park was sentenced to 14 years in prison in the first trial last September and was taken into custody. The court determined that the Chungbuk Comrades Association qualifies as a "criminal organization" as defined by the criminal law. Park appealed the first trial ruling. Additionally, the other three individuals, who were tried separately from Park, had their sentences of 2 to 5 years in prison confirmed by the Supreme Court on the 13th of last month.