[Asia Economy Reporters Yang Nak-gyu and Kim Dong-pyo] As North Korea urges a ban on the distribution of leaflets to the North, a South Korean defector group plans to distribute another batch of leaflets this month, putting the government's 'independent inter-Korean policy' to the test once again. The government has stated its position that leaflet distribution to North Korea must be stopped and is reviewing institutional improvement measures to achieve this.
On the 4th, the Blue House stated, "Our position that the April 27 Panmunjom Declaration and the September 19 Inter-Korean Military Agreement must be upheld remains unchanged." It did not directly comment on the statement by Kim Yo-jong, the First Deputy Director of the Workers' Party.
Unification Ministry spokesperson Yeo Sang-gi said that day, "The government has taken multiple measures to stop leaflet distribution, focusing on cases where it has led to heightened tensions in border areas," adding, "We are already reviewing effective institutional improvement measures that can fundamentally resolve tension-inducing activities in border areas." Regarding the defector group's announcement to distribute leaflets to North Korea at the end of June, he said, "We will consult with relevant agencies."
The defector group Free North Korea Movement has announced, "To mark the 70th anniversary of the Korean War, we will once again distribute one million leaflets to North Korea." This group is the one that produced and distributed the leaflets directly pointed out by Kim Yo-jong in her statement.
Kim Yo-jong urged through her statement to "stop leaflet distribution even if it requires making a law." However, there is also concern that if the government takes actual follow-up measures, it could be perceived as North Korea 'training' South Korea.
At present, even if pro-North groups proceed with leaflet distribution, it is legally difficult to punish them. Lee Min-bok, head of the North Korea Balloon Team at the Direct Aid Movement for North Korean Compatriots, filed a lawsuit against the state in 2015 after being stopped by the police during leaflet distribution activities. The first trial court ruled, "Leaflet distribution to North Korea is an exercise of freedom of expression and, in principle, cannot be restrained. However, if it poses a serious risk to the life and body of citizens, restrictions are not illegal as long as they are not excessive," and ruled against the plaintiff.
Although the government was found not liable for damages, the ruling also recognized the importance of 'freedom of expression,' and this decision was upheld by the Supreme Court. The Inter-Korean Exchange and Cooperation Act does not provide grounds to regulate leaflet distribution itself. In 2018, a bill was proposed to amend the Act to require prior approval from the Minister of Unification before distributing leaflets to North Korea, but it did not pass.
Professor Yang Moo-jin of the University of North Korean Studies said, "Under current law, leaflet distribution cannot be legally prohibited," but suggested, "Like business suspension orders and restraint measures related to COVID-19, restraint can be encouraged through social safety-related laws such as the Police Duties Execution Act."
The military authorities are also on alert over the leaflet issue. In October 2014, North Korean forces fired about ten rounds of anti-aircraft artillery at leaflets launched by South Korean civilian groups in Yeoncheon County, Gyeonggi Province, significantly raising military tensions between the two Koreas. If the military obtains information about leaflet distribution, it operates an emergency response team in nearby division-level units and uses thermal imaging devices (TOD) to check the quantity of leaflets and wind speed. Units below division level strengthen their readiness to prepare for any possible North Korean military actions.
A military official said, "If pro-North groups distribute leaflets, nearby units closely monitor North Korea's military response," adding, "Especially in forward areas, tensions are inevitable."
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