Court: "North Korean Defectors' Education Should Be Determined by NIS Investigation at Entry"

Seoul Administrative Court, Yangjae-dong, Seoul

[Asia Economy Reporter Cho Hyun-ui] A court ruling has determined that the educational background of North Korean defectors must rely on the National Intelligence Service (NIS) investigation records at the time of their entry into South Korea.

According to the legal community on the 5th, the Administrative Division 5 of the Seoul Administrative Court (Presiding Judge Park Yang-jun) ruled against North Korean defector A in a lawsuit filed against the Minister of Unification seeking to cancel the refusal to correct the educational verification certificate.

A defected to China in 1998 and entered South Korea in 2007. Preparing for the nursing assistant qualification exam, A noticed that the educational verification certificate issued in 2017 for exam application stated his highest education as "Dropped out of high middle school" and requested the Ministry of Unification to correct it to "Graduated from high middle school."

However, the Ministry of Unification rejected the request, citing the lack of objective evidence that A graduated from school in North Korea and the inability to verify the facts. The National Intelligence Service also conducted a reinvestigation of A’s educational background at the Ministry’s request but provided a similar response.

Consequently, A filed a lawsuit demanding the correction of the recorded educational background. In court, A argued, "I never stated during the NIS investigation at the time of entry into South Korea that I gave up my studies," and "I only missed school for a few days due to food shortages to find food, but I completed the full six-year course of high middle school normally."

However, the court upheld the Ministry of Unification’s decision. The court stated, "Given A’s status as a defector, it is difficult for the administrative agency to directly verify the educational attainment in North Korea, and A also finds it difficult to prove with objective materials," adding, "The NIS interrogation records at the time of entry are the most important objective evidence."

Furthermore, the court judged, "There is no clear record of educational background in the investigation records, and rather, there are many parts that contradict A’s claims, making it difficult to confirm the educational details hastily."

Specifically, the court noted that A did not provide any record regarding graduation from high middle school during the entry investigation, and the statements about life during the presumed period of attendance do not support the conclusion that studies were completed.

The court ruled, "Based on the statements, it is highly likely that A gave up studies and dropped out of school before graduating from high middle school due to already being employed at a farm or moving with family."