Eating Pyongyang Naengmyeon Abroad Without Reporting... Will the North Korean Resident Contact Reporting System Be Abolished?

Ministry of Unification to Promote Amendment of Inter-Korean Exchange and Cooperation Act
Abolition of North Korea Contact Reporting and Acceptance System
Establishing a Foundation for Revitalizing Inter-Korean Exchange and Cooperation

Chairman Kim Jong-un of the State Affairs Commission is having a meal of Pyongyang cold noodles with President Moon Jae-in at Okryugwan in Pyongyang on September 19, 2018.

Even when visiting North Korean restaurants overseas, such as in Beijing, China, or Hanoi, Vietnam, there is now a possibility that citizens will no longer need to report to government authorities.

On the 26th, the Ministry of Unification announced, "We intend to amend the 'Inter-Korean Exchange and Cooperation Act (Exchange and Cooperation Act)' to strengthen the purpose of the system that guarantees citizens' activities for inter-Korean exchange and cooperation." Enacted in 1990, the Exchange and Cooperation Act stipulates the principles and procedures for inter-Korean exchange and cooperation.

According to the explanatory materials on the amendment to the Exchange and Cooperation Act released by the Ministry of Unification on the same day, the reporting system for South Koreans' contact with North Korean residents will be abolished. Under the current law, South Koreans must report to government authorities and receive approval if they meet or intend to meet North Korean residents.

There have been many criticisms that such regulations rather restrict inter-Korean exchange and cooperation.

For example, questions have continuously arisen such as whether one must report if they accidentally meet a North Korean resident during overseas travel, or whether separated families or defectors must report even when simply contacting family members in North Korea to check on their well-being. In reality, many reports have not been made.

A Ministry of Unification official explained, "There were quite a few opinions questioning whether reporting such acts to the government aligns with the purpose of the Exchange and Cooperation Act," adding, "We have gathered opinions with the intention of amending the Exchange and Cooperation Act to reflect reality."

However, if business is conducted with North Korea or continuous visits and contacts are expected, reporting must still be done as per the current regulations.

The Ministry of Unification official said, "Reporting is unnecessary only for one-time contacts such as incidental meetings with North Korean residents," and added, "If continuous or additional contacts are planned, such as for business, reporting, or academic purposes, reporting is required."

President Moon Jae-in is having a meal of Pyongyang cold noodles with Chairman Kim Jong-un at Okryugwan in Pyongyang on September 19, 2018.

The amendment also specifies the special nature of internal ethnic trade more concretely. It includes provisions to report and penalize under the Exchange and Cooperation Act rather than the Customs Act during customs clearance. In such cases, even if caught smuggling or illicit export/import, penalties are expected to be significantly reduced.

Currently, when a South Korean business exports goods to North Korea, approval must be obtained from the Ministry of Unification. Then, at the inter-Korean checkpoint, an export declaration is made to the Korea Customs Service. Conversely, when importing goods from North Korea, approval must be obtained from the Ministry of Unification, and an import declaration is made at the checkpoint.

If goods are sent to or received from North Korea without export/import declarations, it constitutes illicit export/import. Penalties for smuggling are particularly severe because of the economic benefits gained through smuggling. However, inter-Korean export/import is defined as internal ethnic trade and is tax-exempt. Since smuggling yields no real benefit, applying the Customs Act's penalty provisions was considered excessive, reflecting these criticisms.

The amendment also explicitly designates local governments as subjects of inter-Korean cooperation projects.

While the current law only specifies corporations and organizations, adding local governments opens the way for them to independently pursue projects with North Korea, which they had previously conducted through related organizations or intermediaries.

The Ministry of Unification explained the purpose of amending the Inter-Korean Exchange and Cooperation Act, which marks its 30th anniversary, as "to ensure the stability and sustainability of inter-Korean exchange and cooperation amid changes in the international situation and inter-Korean relations, and to expand the autonomy of exchanges and cooperation by the private sector and local governments."

President Moon Jae-in and Chairman Kim Jong-un are shaking hands at Panmunjom on June 30, 2019.

The government plans to hold an online public hearing on the amendment to the Inter-Korean Exchange and Cooperation Act starting at 2 p.m. on the 27th, collect opinions, and then proceed with government legislative procedures to submit it to the National Assembly within the year.

The online public hearing will be conducted via live streaming in a non-face-to-face manner to practice social distancing due to the novel coronavirus disease (COVID-19).

Anyone can participate in real time by accessing the 'Inter-Korean Exchange and Cooperation Act Amendment Online Public Hearing Channel (http://www.excolaw2020.kr)' via computer or mobile device. The online public hearing channel will operate for three days from the 26th to the 28th, and questions and opinions can be submitted through the bulletin board within the channel.

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