[Asia Economy Reporter Kim Hyung-min] The prosecution investigating the 'forced repatriation of North Korean fishermen' case appears to be closely examining whether there was any illegality in the repatriation process, which is also a subject of debate in political circles.
A prosecution official stated on the 28th, "North Korean residents can be legally defined as persons with a status equivalent to foreigners, and this does not violate Article 4 of the Constitution (The Republic of Korea aims for unification and establishes and promotes peaceful unification policies based on a free democratic basic order)." He added, "A representative example is the 'Inter-Korean Exchange and Cooperation Act.'
"According to the purpose of the Immigration Control Act, North Korean residents cannot be forcibly deported, and there is a Supreme Court precedent that a person holding a North Korean Overseas Citizen Card cannot be forcibly deported without proof that they are foreigners." This implies that when North Korean fishermen are considered quasi-foreigners, there is no legal basis for repatriation.
Furthermore, even if the North Korean fishermen are regarded as our citizens, forced repatriation could be an unfounded infringement of fundamental rights. The official said, "When restricting citizens' fundamental rights under the Constitution, it must be based on law," adding, "There are reasons such as national security and order for restricting fundamental rights, and if citizens' fundamental rights were restricted or infringed without legal grounds, wouldn't that be illegal?"
Regarding the murders committed by the North Korean fishermen, it was also stated that criminal punishment is possible within our judicial system. The prosecution official said, "I believe there is no legal issue regarding criminal jurisdiction in investigations or trials," adding, "There have been precedents where North Korean defectors were punished in South Korea for sexual violence and general criminal offenses committed overseas, outside the territory of the Republic of Korea, before entering South Korea."
In response to opposition claims that forced repatriation was carried out due to difficulties in proving evidence of the murder case, the official said, "Considering our country's forensic investigation techniques and various investigative capabilities, I think this was a case where a guilty verdict could have been sufficiently obtained."
Regarding claims doubting the sincerity of the North Korean fishermen's intention to defect, the official said, "The purpose of defection and the intention to defect should be distinguished, and the purpose and intention of defection should also be differentiated."
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