Ministry of Unification "View It Balanced"... Displeasure Over UN's Criticism of North Korea Leaflet Ban Law

Quintana Rapporteur "Recommendation to Reconsider the Act Banning North Korean Leaflets"
Ministry of Unification "Regret Over Mention of 'Need for Reconsideration' in National Assembly Decision"

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

Thomas Ojea Quintana, the UN Special Rapporteur on human rights in North Korea, recommended that South Korea reconsider the Act on the Prohibition of Leaflet Distribution to North Korea (an amendment to the Act on the Development of Inter-Korean Relations). In response, the Ministry of Unification expressed "regret" and showed displeasure.

The Ministry of Unification official said on the day, "We express regret that the UN Special Rapporteur on human rights in North Korea, Quintana, mentioned the 'need for appropriate reconsideration by democratic institutions' regarding the amendment of the law through democratic discussion and deliberation in the National Assembly, the representative body of the people's will, following the procedures prescribed by the Constitution and laws."

The official explained, "This amended law was enacted in response to appeals to protect the lives and safety of residents in border areas and continuous legislative calls to ban leaflet distribution. The legislature, while protecting the lives and safety of border area residents, also considered precedents and restricted the 'method of expression' to the minimum extent necessary to protect freedom of expression."

Furthermore, the official pointed out, "(Rapporteur Quintana) should view in a balanced manner that the law 'minimally restricts certain methods of expression' to protect 'the lives and safety of the majority of residents in border areas.'"

On the night of June 22, a balloon sent by a North Korean defector organization for leaflet distribution fell on a hill near Magok-ri, Seomyeon, Hongcheon-gun on the 23rd, and the police are collecting it.
The discovered balloon for leaflet distribution is 2 to 3 meters in size and has a photo of North Korean State Affairs Commission Chairman Kim Jong-un and his family attached.

Earlier, on the 16th (local time), Rapporteur Quintana stated, "(South Korea) should have the relevant democratic institutions properly reconsider the amendment through appropriate procedures before implementing the Act on the Prohibition of Leaflet Distribution to North Korea."

On the 16th (local time), he told Radio Free Asia (RFA), "This amendment is defined by law as required by international human rights standards and is subject to democratic debate in the South Korean National Assembly," but he reiterated, "Given several flaws, reconsideration is necessary."

He claimed that the "Act on the Prohibition of Leaflet Distribution to North Korea imposes strict restrictions on many defectors and civil society organizations attempting to engage with North Korean residents in various ways."

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

He said, "International human rights standards stipulate that freedom of expression should not be evaluated based on 'discretionary judgment,' and the vague and broad language of this amendment makes compliance with international human rights standards difficult."

Rapporteur 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."

Additionally, Quintana acknowledged that "the need to prevent risks to the life and body of residents in border areas or serious risks occurring in border areas can be a legitimate aim," but he pointed out, "This amendment has not demonstrated a direct and close relationship between the activities of civil society organizations in border areas and the threats posed by these activities."

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