Court Grants Suspension of Execution for Cancellation of Establishment Approval of North Korean Defector Group 'Keunsam'

On the morning of June 18, representatives from the North Korean defector organization, the nonprofit corporation Keunsaem, were loading rice-filled PET bottles onto a vehicle in Suseo-dong, Gangnam-gu, Seoul, to be sent to the North. [Image source=Yonhap News]

[Asia Economy Reporter Choi Seok-jin] A defector organization whose corporate establishment permit was revoked by the Ministry of Unification for distributing leaflets and goods to North Korea has had its injunction application granted.

The court ruled that while there is a concern of irreparable damage due to the cancellation of the establishment permit, it is unlikely that suspending the effect of the Ministry of Unification's decision would significantly impact public welfare.

On the 12th, the Seoul Administrative Court Administrative Division 6 (Chief Judge Lee Seong-yong) granted the injunction application filed by the defector organization ‘Keunsam’ requesting to suspend the effect of the Ministry of Unification’s cancellation of its non-profit corporation establishment permit.

The court suspended the effect of the cancellation of the establishment permit until the day 30 days after the verdict date of the main lawsuit filed by Keunsam against the Ministry of Unification regarding the cancellation.

The court stated, “Considering the entire records and hearings, there is a concern that irreparable damage may occur to the applicant due to the order, and it is proven that urgent necessity exists to prevent this.”

It added, “It is difficult to see that suspending the effect of the above decision would cause a significant impact on public welfare.”

The first hearing for the main lawsuit is scheduled for the 28th.

The Ministry of Unification previously revoked the corporate establishment permit on the 17th of last month, stating that the distribution of leaflets and goods to North Korea by organizations such as Keunsam and the Free North Korea Movement Alliance constitutes activities outside the corporation’s establishment purpose, “threatening the life and safety of residents in border areas and harming public interest by causing tension on the Korean Peninsula.”

Article 38 of the Civil Act stipulates that the competent authority may revoke the permit if a corporation engages in activities outside its purpose, violates the conditions of establishment approval, or otherwise harms public interest.