Why do democratic societies tolerate undemocratic laws? Sorting public support for the national security act in South Korea

Abstract

This study investigates why anti-democratic laws persist in democratic societies, focusing on South Korea's National Security Act (NSA). Enacted in 1948, the NSA restricts freedom of expression and movement to deter pro-North Korea behaviour. Despite being at odds with the tenets of running contrary to liberal democracy, the Act remains in place. Existing public opinion data indicates modest to strong support for the law, but measurement concerns leave much to be desired. Using a choice-based conjoint, we test the impact of democratic norms and national security rationales on various policy propositions related to the NSA, including its abolition. Results show widespread support for the Act, driven by both democratic norms and security concerns. Progressives are more likely to support revisions limiting the scope of the Act on the basis that it safeguards democracy, but they agree with conservatives that it should not be abolished. This research contributes to understanding South Korea's post-democratic transition and the balance between national security and democracy more broadly.