[Fact Check] Did the Supreme Court Also Rule That 'Stopping Anti-North Korea Leaflets' Is Possible?

Defector Group's North Korea Leaflets Emerge as Political Issue... 2016 Supreme Court Ruling Regains Attention

[Asia Economy Reporter Ryu Jeong-min] “The Supreme Court has ruled that (North Korea-related) leaflet distribution can be restricted.” This was stated by Park Ji-won, a distinguished professor at Dankook University, during his appearance on tbs radio’s ‘Kim Eo-jun’s News Factory’ on the 11th. The issue of leaflet distribution toward North Korea by some defector groups is emerging as a factor increasing tensions on the Korean Peninsula.

Concerns have intensified as North Korea actually severed inter-Korean communication channels following a statement by Kim Yo-jong, First Deputy Director of the Workers’ Party and sister of North Korean State Affairs Commission Chairman Kim Jong-un.

This incident began with the problem of leaflet distribution toward North Korea by some defector groups. These groups insist on ‘freedom of expression’ as their basis and plan to continue distributing leaflets using balloons and other means toward North Korea. Residents near the border as well as government authorities have openly expressed concerns that such leaflet distribution could become a factor escalating tensions on the Korean Peninsula.

[Image source=Yonhap News]

Earlier, on the 11th, the Blue House held a National Security Council (NSC) meeting and stated, “(The distribution of leaflets toward North Korea) does not conform to inter-Korean agreements and does not help our efforts to achieve peace and prosperity on the Korean Peninsula,” adding, “The government will thoroughly crack down on the distribution of leaflets and goods toward North Korea going forward and will respond strictly according to the law in case of violations.”

One of the focal points of interest is whether leaflet distribution toward North Korea can be subject to restraint and whether the Supreme Court has ruled that it can be restrained. Professor Park claimed, “In 2016, the Supreme Court ruled that leaflet distribution is freedom of expression, but if there is a clear danger to residents’ lives or property, restrictions are possible.”

The case Professor Park referred to is related to the Supreme Court ruling on March 28, 2016, concerning a defector missionary named Lee. Lee, who defected in 1991, worked as a missionary. He continued to send leaflets northward using large balloons carrying the leaflets.

It is known that from 2009 to 2013, he launched more than 5,000 large balloons. Each large balloon reportedly could carry tens of thousands of leaflets toward North Korea. Even at that time, the military and police prevented leaflet distribution in civilian residential areas, judging that it could pose a threat to residents’ safety due to North Korean provocations.

When the government restrained Lee’s leaflet distribution, he filed a lawsuit against the government claiming “mental distress.” Lee argued, “The act of distributing leaflets toward North Korea falls under freedom of expression.” The court partially accepted Lee’s claim but ruled that the government’s restraint of leaflet distribution was justified.

The first trial court stated, “Although freedom of expression was somewhat restricted, (the government’s restraint) was to prevent clear and present danger to the lives and bodies of citizens,” and judged that “the restraint by the government cannot be considered illegal.”

Lee appealed, but the second trial court did not accept it. The second trial court stated, “Even if the balloons are launched at night, considering the number and frequency of balloons, there is a high possibility that North Korean soldiers near the Demilitarized Zone will detect them,” and judged that “there is a causal relationship between the plaintiff’s leaflet distribution and the North Korean provocations that cause imminent danger to the lives and bodies of residents near the Demilitarized Zone.”

The Supreme Court’s Third Division (Presiding Justice Kwon Soon-il) upheld the lower court’s ruling, confirming the decision that Lee lost the damages claim lawsuit against the state. The Supreme Court thereby supported the government’s position that restraining leaflet distribution is justified given that it could threaten the safety of residents near the Demilitarized Zone.

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