[Takryucheongron] The Plan for Individual Tours to North Korea Should Be Pursued Cautiously

At the beginning of the new year, the Moon Jae-in administration, which presented the theme of developing an 'independent inter-Korean relationship,' is now showing a strong will to implement individual tourism. The forms of individual tourism proposed include tourism to the Mount Kumgang and Kaesong areas for separated families and social organization figures, individual tourism by Koreans through third countries, and inter-Korean linked tourism for foreigners. This plan is interpreted as an attempt to break the deadlock in inter-Korean exchanges. However, pushing it unilaterally could lead to setbacks.

First, discussing individual tourism without any progress in denuclearization on the Korean Peninsula risks weakening the momentum for denuclearization and may cause a 'peace illusion' phenomenon. It could also send the wrong message of 'de facto recognition of North Korea as a nuclear state.' There is also a risk of loosening the ROK-US alliance and rapidly undermining the international cooperation front for sanctions against North Korea. All of these are what North Korea desires and do not help the safety of our system.

Individual tourism that does not involve bulk cash transfers does not, in itself, violate the United Nations (UN) sanctions against North Korea. The 11 North Korea sanctions resolutions do not directly prohibit individual tourism. However, UN Security Council Resolution 2397 bans the supply and transfer of all industrial machinery and metals to North Korea. Therefore, there is a possibility that items tourists carry when visiting North Korea (such as smartphones, laptops, cameras, etc.) could be judged as violating sanctions. If domestic banks are involved in remitting tourism expenses to North Korea, they could face 'third-party sanctions (secondary boycott).'

Last year, as part of North Korea sanctions, the United States notified that it would restrict visa-free entry through the Electronic System for Travel Authorization (ESTA) for Koreans who have visited North Korea since March 2011. ESTA is a program that allows citizens of 38 countries participating in the Visa Waiver Program to visit the U.S. for tourism or business purposes without a visa for up to 90 days. However, those with North Korea travel experience must submit related documents online and visit the U.S. embassy in person for an interview to obtain a U.S. visa. This visa-free entry restriction could dampen individual tourism. Additionally, for direct tourism between the two Koreas, buses carrying tourists must pass through the Demilitarized Zone (DMZ) and enter North Korea with approval from the United Nations Command according to the armistice agreement. This indicates that close consultation and understanding with the U.S. and the UN Command are necessary for individual tourism to flourish.

Until now, visiting North Korea was possible only with an invitation letter and visa from North Korean authorities, along with guarantees of personal safety. The government's position is that in the future, individual-level visits for tourism will be allowed with only a visa from North Korean authorities. However, the idea of allowing visits with only a visa without safety guarantees contradicts the Moon Jae-in administration's policy of prioritizing citizens' safety. Various measures have been proposed, such as obtaining personal safety guarantees from North Korean authorities through third-country travel agencies, strengthening pre-visit education, and accompanying guides from our side, but all have limitations. It is essentially asking tourists to visit North Korea largely at their own risk without the government fulfilling its responsibility to protect citizens. In such circumstances, there is a constant risk that North Korea could detain tourists over their words or actions or hold all tourists hostage depending on changes in inter-Korean relations. There are no effective countermeasures when various incidents occur. Moreover, due to the recent novel coronavirus (Wuhan pneumonia) outbreak, both North Korea and China have closed the door to group tourism.

At this stage, rushing a high-risk project that cannot guarantee sustainability could result in a 'dog chasing a chicken' situation. It is reasonable to proceed after sufficient conditions mature, such as reconfiguring individual tourism as a reward card for denuclearization progress through consultations between South Korea and the U.S., and establishing safety guarantee measures between authorities.

Je Seong-ho, Professor at Chung-Ang University Law School

This content was produced with the assistance of AI translation services.