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Legislation becomes judgment, and the people's words become crimes. Hanmi Ilbo Graphics
On November 4, 2025, the 'Amendment to the Criminal Act' proposed by Representative Yang Bu-nam of the Democratic Party of Korea and 11 other lawmakers has torn through the boundaries of freedom that the Constitution has upheld.
While ostensibly presented as 'prevention of hate speech,' it is, in essence, a censorship law that criminalizes public criticism. This bill, which seeks to dismantle the law in the name of the law and confine freedom of expression, is not merely a revision of the Criminal Act but a challenge to the constitutional order.
If the legislature, under the guise of protecting the people, silences them, it is not justice but control, and it marks the day the National Assembly stands above the Constitution.
The bill introduces new articles, Article 307-2 (Group Defamation) and Article 311-2 (Group Insult) of the Criminal Act, stipulating a penalty of up to 5 years imprisonment or a fine of up to 10 million won for 'defaming or insulting the honor of a specific country, its people, or race.'
Furthermore, it includes a clause stating that 'due to the nature of groups, prosecution can be initiated regardless of the victim's intent.' This is an attempt to shift the framework of the Criminal Act, which is premised on freedom of expression, to a punitive structure centered on group honor.
Is the Democratic Party also holding trials? Legislative overreach, infringement of the Constitution
Legislation is about establishing principles, not serving as a tool for rendering judgments. Yet, the legislative intent statement of the Yang Bu-nam bill states, "False information was disseminated at an anti-China rally on National Foundation Day." If the National Assembly preemptively declares something as 'false' and 'disseminated' before any trial has even taken place, it is not legislation but a judicial act.
The moment the legislature writes a judgment, the rule of law collapses. The people are no longer protected by the law, and power dictates to the people in the name of the law.
It is rare in the history of the Republic to find instances where the legislative intent statement includes a factual determination. In essence, the National Assembly has authored a 'guilty verdict' beyond the grounds for legislation. Since when did the Democratic Party acquire judicial authority?
This bill is effectively a 'National Assembly's Declaration of Guilt' and a political trial masquerading as legislation.
Is Xi Jinping the Regent? Double Standards: Anti-Americanism is Freedom, Anti-China is a Crime
Everyone knows who this bill is targeting. It is China. Although the country's name is not explicitly mentioned anywhere in the bill, expressions like "anti-China rally on National Foundation Day" and "Ching Chong song" already indicate its direction. To define criticism of China as 'hate' and to frame issues raised about China as 'crimes' is not legislation of a democratic nation but diplomatic censorship.
The Democratic Party, which cried 'freedom of expression' during anti-American protests, is now wielding 'criminal penalties' for anti-China protests. If the mouths of the people are to be muzzled out of consideration for Xi Jinping's sentiments, then from that day forward, the National Assembly of this country is no longer a sovereign parliament.
The question 'Is Xi Jinping the Regent?' is not mere satire but a depiction of reality.
Where is Your Homeland? The President's 'Rampage Politics' and Legislative Subservience
The legislative overreach originated from the President's rhetoric. The moment President Lee Jae-myung labeled the anti-China protest in September as 'rampage,' the people's protest became a 'target of public order maintenance,' and now it has transformed into a 'target of punishment.'
The trend of branding slogans that the administration finds inconvenient as 'national insult' is the very context in which the Yang Bu-nam bill of November 4th exists. If the president's emotions lead to a legislative bill, and that bill dictates the people's expression, then that nation is no longer a democracy where the people are above the government. The moment the people exist for the sake of the regime, law becomes the language of violence.
Now the people ask, "Where is your homeland?"
Those Who Judge the People in the Name of the Law
The law exists to protect the honor of the people. However, this bill has trampled upon the people's honor. A National Assembly that insults the people in the name of legislation and censors their language is not an institution of the sovereign. The moment the legislature mimics the judiciary, appeases the executive branch, and saves face for a foreign country, the homeland of that law is no longer South Korea.
"The law should be a shield that protects the people's language. But now, the Democratic Party's law has become a sword aimed at the people."
#ThoseWhoToreTheLaw #FreedomOfExpression #YangBuNamLaw #RampagePolitics #LegislativeOverreach #ProChinaLegislation #ConstitutionalInfringement #SeparationOfPowers #LawToInsultThePeople #HanmiColumn
Kim Young More by this author