Criticism of Anti-North Korea Leaflets by Self-Serving Ministry of Unification: "Strengthening Communication with the International Community"
"Drafting and Reviewing Interpretation Guidelines... To Be Established Before Law Enforcement"
"Will Regulate Only the 'Method' Minimally, Not the Content"
On the night of June 22, a balloon for distributing leaflets to North Korea, sent by a North Korean defector organization, was found around 10 a.m. on June 23 in a mountain near Magok-ri, Seomyeon, Hongcheon-gun, Gyeonggi Province. The discovered balloon for leaflet distribution was 2 to 3 meters in size and had a photo of North Korean State Affairs Commission Chairman Kim Jong-un and his family attached.
On the 24th, the Ministry of Unification, which faced criticism for selectively using an overseas official's interview to promote the legitimacy of the Act on the Prohibition of Leaflet Distribution to North Korea (an amendment to the Act on the Development of Inter-Korean Relations), stated, "We will continue to strengthen communication with the international community in close cooperation with related ministries and seek broad understanding."
An official from the Ministry of Unification said on the same day, "The Ministry of Unification, in cooperation with related ministries such as the Ministry of Foreign Affairs, is making active efforts to explain by providing explanatory materials on the amendment to the Act on the Development of Inter-Korean Relations related to the regulation of leaflet distribution to North Korea to 187 Korean diplomatic missions abroad and 114 foreign diplomatic missions in Korea."
The official emphasized that the regulation minimally restricts only the method, not the content, of the leaflets. He explained, "We are faithfully explaining that the restriction is not on the 'content,' which is the core of freedom of expression, but only on specific 'methods' of expression within the minimum necessary scope to protect the life and safety of the people, and that acts conducted in third countries are not subject to this law."
Additionally, the government announced that it is preparing interpretative guidelines related to the Act on the Prohibition of Leaflet Distribution to North Korea and plans to complete them before the law takes effect.
The official said, "'Interpretative guidelines on the regulation of leaflet distribution' will clearly interpret the scope of application of the 'leaflet distribution' provisions of the amended law in accordance with the legislative intent." He added, "Through the interpretative guidelines, it will be made clearer that acts of distributing leaflets in third countries are not subject to this law."
He further stated, "We are currently drafting and reviewing the interpretative guidelines (draft), and after going through the necessary procedures such as consultations with related agencies, the Minister of Unification will complete the enactment before the law takes effect, as mentioned during the Cabinet meeting."
Meanwhile, although the Ministry of Unification has been engaging in a 'public opinion campaign' through media contributions and explanatory materials in response to international criticism of the Act on the Prohibition of Leaflet Distribution to North Korea, it has drawn criticism for the controversy over selective interpretation during this process.
On the 22nd (local time), Carl Gershman, chairman of the U.S. nonprofit organization National Endowment for Democracy (NED), said in an interview with Radio Free Asia (RFA), "I am disappointed that the Ministry of Unification of South Korea has misused my media interview regarding leaflet activities toward North Korea."
Earlier, on the 15th, the Ministry of Unification claimed in the "Explanatory Materials on the Amendment to the Act on the Development of Inter-Korean Relations" that "there is no evidence that leaflet distribution to North Korea improves North Korean human rights." It also argued that leaflets have a counterproductive effect by strengthening social control by North Korean authorities, worsening the human rights situation of North Korean residents, and do not guarantee the right to know of North Korean residents.
The Ministry of Unification cited Gershman's remarks as the basis for these claims. The ministry wrote, "Chairman Gershman of NED also stated in an interview with Voice of America (VOA) that leaflet distribution to North Korea is not an effective method of information inflow."
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In response, Chairman Gershman stated that his interview was misused. He said that the Ministry of Unification arbitrarily used his remarks to justify the prohibition of leaflet distribution. Although he said in a June interview with VOA that "I do not see leaflet distribution as a very effective method of information inflow," the intent of the interview was to criticize South Korea's Act on the Prohibition of Leaflet Distribution to North Korea as unjust. In that interview, he repeatedly emphasized that "(the Act on the Prohibition of Leaflet Distribution) will only damage South Korea's democracy and freedom of expression."
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