'Constitutionality of Kaesong Industrial Complex Closure' Ruling After 6 Years... Companies Left 'Stunned'

Company: "The factory is our property... We do not accept the ruling at all"
Ministry of Unification: "Respect the Constitutional Court's decision"

[Image source=Yonhap News]

[Asia Economy Reporter Lee Ji-eun] The Kaesong Industrial Complex companies have expressed disbelief at the Constitutional Court's ruling that the 2016 closure of the Kaesong Industrial Complex by the Park Geun-hye administration was constitutional. The Ministry of Unification stated, "We respect the Constitutional Court's decision."

Jeong Gi-seop, former chairman of the Kaesong Industrial Complex Enterprises Association, expressed regret on the 27th regarding the court's 'constitutional' ruling, saying, "(The closure of the Kaesong Industrial Complex) clearly violated Article 23 of the Constitution," and "I find the Constitutional Court's ruling completely unacceptable."

Jeong, the former chairman, added, "(The Constitutional Court) dragged it out for six years before making a decision," and questioned, "I don't know what background led to such a decision. Aren't the factories and machinery in Kaesong Industrial Complex our property?"

On the same day, the Constitutional Court dismissed and rejected the constitutional review petition regarding the full suspension of the Kaesong Industrial Complex. Earlier, the Emergency Countermeasures Committee of Kaesong Industrial Complex Enterprises filed a constitutional complaint in the same year, arguing that the government's 2016 closure of the Kaesong Industrial Complex violated Article 23, Paragraph 1 of the Constitution, which protects citizens' property rights. The Constitutional Court ruled 'constitutional' after more than six years.

While acknowledging the damages suffered by the businesspeople, the Constitutional Court explained the basis for its judgment, stating, "It is difficult to see the president's judgment to ensure the survival, safety, and continuity of the Republic of Korea through economic sanctions by suspending the operation of the Kaesong Industrial Complex in response to North Korea's nuclear development as clearly wrong," and that the closure of the Kaesong Industrial Complex was "a judgment and choice made within the scope of authority granted to the president by law, bearing political responsibility."

The Ministry of Unification, which has been working to resume the Kaesong Industrial Complex and support the affected companies, expressed respect for the court's ruling. A Ministry of Unification official said, "We respect the Constitutional Court's decision," and added, "We will continue to make efforts to resume the Kaesong Industrial Complex and alleviate the difficulties faced by the Kaesong Industrial Complex companies."