Kaesong Industrial Complex Companies Association Urges Prompt Handling of Constitutional Review on 'Complete Suspension of Kaesong Industrial Complex'

Three-Quarters of Kaesong Enterprises Face Bankruptcy and Closure Risk
Solo Protest in Front of Constitutional Court to Continue Until Unconstitutional Ruling Is Made

Members of the Kaesong Industrial Complex Association are holding a "Press Conference and Solo Protest Departure Ceremony Regarding the Constitutional Petition for the Full Suspension of the Kaesong Industrial Complex" in front of the Constitutional Court in Anguk-dong, Jongno-gu, Seoul, on the morning of the 1st.
[Photo by Kaesong Industrial Complex Association]

[Asia Economy Reporter Kim Jong-hwa] The Kaesong Industrial Complex Enterprises Association began a relay one-person protest on the 1st, demanding the prompt handling of the constitutional review regarding the full suspension of the Kaesong Industrial Complex.

The Kaesong Industrial Complex Enterprises Association, which has 129 member companies that have settled in and invested in the Kaesong Industrial Complex, held a press conference in front of the Constitutional Court in Anguk-dong, Jongno-gu, Seoul, on the same day, urging, "We call for a warning against the arbitrary exercise of public authority by the previous government that ignored the norms and procedures stipulated in the Constitution and laws, and for the restoration of the constitutional spirit of the Republic of Korea."

In the press release, the association claimed, "The Park Geun-hye administration abruptly implemented the full suspension of the Kaesong Industrial Complex on February 10, 2016, without any prior notice or procedures prescribed by law to minimize the damage to our resident companies." Accordingly, the Kaesong Industrial Complex Enterprises Association filed a constitutional complaint (2016HunMa364) on May 2, 2016, seeking a declaration of unconstitutionality regarding the 'February 10 full suspension measure of the Kaesong Industrial Complex' by the Park Geun-hye administration, citing failure to follow due legal procedures.

However, for over five and a half years, the constitutional complaint filed during the previous administration has not even had a public hearing until just before the end of the current administration. The resident companies submitted petitions three times, but the Constitutional Court did not respond.

The association stated, "The December 2017 investigation by the Ministry of Unification's Policy Innovation Committee confirmed that the 'full suspension of the Kaesong Industrial Complex' was executed abruptly under the sole verbal directive of former President Park, without following any procedures stipulated by the Constitution and laws. However, there has been no appropriate remedy or official government apology since then," adding, "We cannot understand why the Constitutional Court's decision on the unconstitutionality confirmation is indefinitely delayed."

The association further appealed, "Due to the COVID-19 pandemic, our resident companies are suffering from compounded hardships, both materially and mentally," and "Currently, three-quarters of the Kaesong companies are on the brink of bankruptcy or closure, and most of the employees at that time resigned tearfully." In fact, more than six companies have closed, and more than three businesspeople have died since the full suspension of the Kaesong Industrial Complex.

The association earnestly urged the Constitutional Court justices, "We implore you to sound a warning against the arbitrary exercise of public authority by the previous government that ignored the norms and procedures stipulated in the Constitution and laws, and to restore the constitutional spirit of the Republic of Korea," and declared, "From today, we will begin a one-person protest in front of the Constitutional Court until the court's judgment is made."

The association had conducted one-person protests in front of the Constitutional Court from October 2019 to February 2020 but had to suspend them due to the spread of COVID-19 and is now resuming the protests.

An association official said, "The absurd situation where Kaesong Industrial Complex businesspeople are suffering and being driven to the brink due to the illegal closure of the complex by the Park Geun-hye administration continues," and "We cannot understand the Constitutional Court's prolonged silence on the constitutional review. The Kaesong Industrial Complex must be resumed immediately without conditions."