Abstract
This chapter ventures into a variety of sites where the state’s power to punish operates locally and concretely: in interrogation rooms, police stations, and detention centers. These are the sites where essential aspects of the politics of enmity are effected through the encounter of two unequal parties: state actors—such as investigators from intelligence agencies, police officers, public prosecutors, or prison staff—confronting individuals suspected, accused, or convicted of national security crimes. In a democratic society, a suspect, defendant, or convict remains a person, that is, a subject endowed with rights meant to redress the asymmetry of power that marks the criminal process. Since the early 1990s, the Constitutional Court of Korea has played a critical role in clarifying the criminal rights that apply “even for” or “except in” national security cases.
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