International Community Criticizes Anti-North Korea Leaflet Law... Kang Kyung-wha Says "Freedom of Expression May Be Restricted"

National Assembly Passes 'Anti-North Korea Leaflet Law'... Kang Kyung-wha: "Freedom of Expression Is Not Absolute"
UN and US House of Representatives Criticize 'Anti-North Korea Leaflet Law'
Government Expresses Regret, Calls It a Minimum Measure to Protect Border Residents

Foreign Minister Kang Kyung-wha is being interviewed by CNN in the United States on the 16th (local time). Photo by CNN

[Asia Economy Reporter Kang Juhee] As the 'Law Prohibiting Leaflet Distribution to North Korea' (Amendment to the Inter-Korean Relations Development Act), which can impose the maximum imprisonment penalty for distributing leaflets to North Korea, passed the National Assembly, debates over it have intensified. Foreign Minister Kang Kyung-wha stated that regarding the law, "freedom of expression can be restricted" for the sake of the people's lives and safety. However, the international community has expressed concerns, pointing out the 'undermining of democracy.'

The government reiterated its position that while it respects human rights as an 'invaluable value,' freedom of expression can be restricted in situations where the lives of the people are threatened.

Earlier, on the 14th, the National Assembly passed the Law Prohibiting Leaflet Distribution to North Korea amid opposition from opposition parties. This bill stipulates that acts such as distributing leaflets near the Military Demarcation Line and broadcasting loudspeaker messages to North Korea, which violate inter-Korean agreements, can be punished with imprisonment of up to three years or a fine of up to 30 million won.

On the 16th (local time), Minister Kang appeared on CNN and addressed concerns about the law, emphasizing, "Freedom of expression is a very important human right, but it is not absolute." She indicated that freedom of expression can be restricted if the safety of residents in border areas is threatened by leaflet distribution to North Korea.

She added, "According to the International Covenant on Civil and Political Rights (ICCPR), we must enact laws, and the scope must be limited," stating, "The law is limited in scope. It applies only when (leaflet distribution to North Korea) harms or threatens the lives and safety of the people."

However, international concerns about the Law Prohibiting Leaflet Distribution to North Korea continue. Thomas Ojea Quintana, UN Special Rapporteur on North Korean Human Rights, pointed out in a commentary sent to Radio Free Asia (RFA) on the 16th (local time), "Imposing imprisonment for acts based on freedom of expression, which is a cornerstone of democratic societies, seems excessive."

He continued, "This amendment uses vague terms such as 'advertising propaganda,' 'property interests,' and the word 'etc.' referring to numerous other unspecified activities, lacking the precision required to define prohibited actions," and recommended, "Democratic institutions should reconsider the amendment through proper procedures before the law is enforced."

Michael McCaul, Republican ranking member of the US House Foreign Affairs Committee, also expressed concerns in a statement on the 14th, saying, "Freedom of expression is a core value of democracy," according to Voice of America (VOA).

On the afternoon of the 14th, the partial amendment bill to the Act on the Development of Inter-Korean Relations, which prohibits sending leaflets to North Korea, was passed in the plenary session of the National Assembly. Photo by Yonhap News

Voices criticizing the 'Law Prohibiting Leaflet Distribution to North Korea' are also emerging among citizens. Kim, a 30-something office worker, questioned, "Why should the people's freedom of expression be restricted because of the North's wrongdoing in exercising violence through leaflets?" and pointed out, "It is a clear human rights violation for the state to restrict freedom of expression."

On the other hand, residents in border areas welcomed and supported the passage of the law prohibiting leaflet distribution to North Korea.

Civil society groups in border areas held a press conference on the 16th at the southern end of the Unification Bridge in Paju City, stating, "Despite strong opposition from residents, so-called defector groups exploited leaflets as a means of making money," and "We had to endure serious anxiety and economic damage due to indiscriminate leaflet distribution to North Korea. We actively welcome the passage of this bill."

The government is pushing back against international concerns about the Law Prohibiting Leaflet Distribution to North Korea. The Ministry of Unification sent a statement to reporters on the 17th expressing regret over the UN's commentary, saying, "It is regrettable to make such remarks regarding the amendment of the law through procedures prescribed by the Constitution and laws in the National Assembly," and noted, "Special Rapporteur Quintana should view the law as a balanced measure that minimally restricts the expression of a minority to protect the lives and safety of the majority of residents in border areas."

The Ministry of Foreign Affairs also emphasized that the Law Prohibiting Leaflet Distribution to North Korea is a 'minimal legal measure' to protect the right to life of 1.2 million residents in border areas.

On the 18th, First Vice Foreign Minister Choi Jong-geon, in an interview with MBC Radio's 'Kim Jong-bae's Focus,' said, "It seems that the right to life and freedom of expression coexist, but we need to look at the context before this bill was passed," referring to an incident in 2014 when North Korea fired a flare gun at leaflets launched by defector groups in Yeoncheon, Gyeonggi Province.

Vice Minister Choi added, "The 2016 Supreme Court ruling stated that no matter how important freedom of expression is, it is quite difficult to allow it when the right to life of residents in the area is threatened. Similar rulings and precedents exist in the United States," and said, "Minimal legal measures are necessary to protect the right to life of residents in border areas, and it is our task to ensure that the US understands this well."

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