UN North Korea Human Rights Rapporteur: "South Korea Should Reconsider the Law Banning Anti-North Korea Leaflets"

"Restriction on Freedom of Expression... Also Violates the Principle of Proportionality"
Kang Kyung-hwa: "Freedom of Expression Is Not Absolute"
Ministry of Unification: "The Right to Life of Residents in Border Areas Takes Priority"

Thomas Ojea Quintana, UN Special Rapporteur on North Korean Human Rights

Thomas Ojea Quintana, the UN Special Rapporteur on human rights in North Korea, criticized the passage of South Korea's law banning the distribution of leaflets to North Korea (an amendment to the Act on the Development of Inter-Korean Relations) in the National Assembly plenary session and stated that the bill should be reconsidered, according to Radio Free Asia (RFA) on the 16th (local time).

Rapporteur Quintana told RFA, "Before implementing the law banning leaflet distribution to North Korea, I recommend that the relevant democratic institutions reconsider the amendment through appropriate procedures." He said, "This amendment is regulated by law as required by international human rights standards and is subject to democratic debate in the South Korean National Assembly," but added, "Given several flaws, reconsideration is necessary."

He argued that the "law banning leaflet distribution to North Korea imposes strict restrictions on many defectors and civil society organizations trying to engage with North Korean residents in various ways."

Rapporteur Quintana also pointed out that "the amendment's punishment of related activities with a maximum imprisonment of three years may undermine the principle of proportionality." He continued, "The amendment uses vague terms such as 'advertising propaganda,' 'property benefits,' and the word 'etc.' referring to leaflets that indicate numerous other unspecified activities, lacking the precision required to define prohibited actions."

He stated, "International human rights standards stipulate that freedom of expression should not be evaluated based on 'discretionary judgment,'" and criticized, "The vague and comprehensive wording of this amendment makes it difficult to comply with international human rights standards."

Quintana emphasized, "To impose restrictions on freedom of expression, the South Korean government needs to more clearly justify the specific necessity of the amendment in accordance with international human rights law."

Furthermore, Quintana noted, "The necessity to prevent risks to the life and body of residents in border areas (South Korea) or significant dangers that may occur in border areas can be a legitimate purpose," but pointed out, "This amendment has not proven a direct and close relationship between the activities of civil society organizations in border areas and the threats posed by these activities."

Meanwhile, on the 16th (local time), South Korean Foreign Minister Kang Kyung-wha expressed the position that freedom of expression is not absolute and can be restricted, considering the situation in South Korea's border areas, in relation to the law banning leaflet distribution to North Korea.

Minister Kang appeared on CNN that day and responded to the host's mention that some members of the U.S. Congress are raising issues about the leaflet distribution issue by saying, "Freedom of expression is a very important human right, but it is not absolute," and "It can be restricted."

He emphasized, "According to the International Covenant on Civil and Political Rights (ICCPR), we must do this by law, and the scope must be limited," adding, "That law is limited in scope. (Leaflet distribution to North Korea) is only restricted when it harms or threatens the life and safety of the people."

Earlier, on the 15th, the Ministry of Unification also stated its position that the right to life of residents in border areas takes precedence over freedom of expression in response to criticism that the law banning leaflet distribution infringes on freedom of expression.

In explanatory materials outlining the main contents of the amendment, the Ministry of Unification stated, "Freedom of expression is also a constitutional right, but it cannot take precedence over the right to life, which is the life and safety of residents in border areas." It also said, "Both conditions of 'leaflet distribution, etc.' and 'causing serious risk to the life and body of the people' must be met for punishment to be possible," adding, "It minimally restricts certain specific methods of freedom of expression."

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