[Desk Column] Freedom of Expression and Its Limits

[Asia Economy Senior Reporter Jinsoo Lee] Following North Korea's severance of inter-Korean communication lines on the 9th, it abruptly blew up the Kaesong Inter-Korean Liaison Office on the 16th. North Korea cited the distribution of leaflets by defectors as a pretext. Despite the Ministry of Unification announcing the 'Government Position on the Distribution of Leaflets and PET Bottles to North Korea' on the 10th, North Korea took action.

The Ministry of Unification announced that it would "file complaints against defector organizations well known for distributing leaflets to North Korea, such as the Free North Korea Movement Alliance and Kkeun Saem, for violating the Inter-Korean Exchange and Cooperation Act, and initiate procedures to revoke their corporate registration."

In response, some international human rights organizations and experts expressed concern over the government's move to revoke permissions, calling it a clear violation of 'freedom of expression.' Some argue that the distribution of leaflets to North Korea is for the 'right to know' of North Korean residents who are cut off from the outside world.

Freedom of expression is explicitly guaranteed in Article 19 of the Universal Declaration of Human Rights, adopted by the United Nations General Assembly in 1948, which states that "everyone has the right to freedom of opinion and expression."

The Office of the United Nations High Commissioner for Human Rights (OHCHR) in Geneva, Switzerland, emphasizes based on Article 19 of the International Covenant on Civil and Political Rights that everyone has the right to hold opinions without interference and the right to seek, receive, and impart information and ideas through any media regardless of frontiers.

Furthermore, nine international covenants of the UN specify freedom of expression, stating that all countries have the obligation to protect and promote freedom of opinion and expression, and that these rights are absolute and cannot be restricted.

Of course, leaflet distribution is a non-violent means of protest and falls under freedom of expression guaranteed by the Universal Declaration of Human Rights. The problem is that leaflet distribution to North Korea is a highly risky act that can provoke military clashes between the two Koreas. For example, after leaflet distribution in 2014, North Korean troops fired blank cartridges in Jungmyeon, Yeoncheon County. Leaflet distribution poses a threat to the lives and safety of residents near the North Korean border.

The leaflets distributed by defector organizations also contain content that slanders and defames North Korea's supreme leader. Since the 1972 Inter-Korean Joint Statement through to the 2018 Panmunjom Declaration, the two Koreas have repeatedly agreed not to slander or defame each other. In particular, the Panmunjom Declaration includes a provision to "cease all hostile acts, including loudspeaker broadcasts and leaflet distribution in the Military Demarcation Line area." Compliance with inter-Korean agreements is essential for peace and prosperity on the Korean Peninsula.

Paragraph 3 of Article 19 of the International Covenant on Civil and Political Rights points out that freedom of expression can be restricted under very limited circumstances, such as for the protection of the rights of others, national security, public order, or public health, as prescribed by law.

The Constitution of the Republic of Korea is the same. It stipulates that all citizens have freedom of expression through the press, publication, assembly, and association. At the same time, Article 37, Paragraph 2 states that these freedoms and rights may be restricted by law when necessary for national security, maintenance of order, or public welfare.

The Supreme Court precedent allowing the government to regulate the distribution of leaflets by defector organizations and restrict leaflet distribution when necessary for public welfare and the safety of local residents is based on this provision.

The opposition to leaflet distribution is not because we should not offend North Korea or blindly follow it. It is because freedom of expression cannot take precedence over peace on the Korean Peninsula.