Kwon Young-se Submits Opinion to Constitutional Court... "Anti-North Korea Leaflet Law is Unconstitutional" (Comprehensive)

Stakeholder Opinion Statement... "Violation of Freedom of Expression"
Ministry of Unification "Not Supporting Leaflet Distribution"

Minister of Unification Kwon Young-se [Photo by Yonhap News]

[Asia Economy Reporter Jang Hee-jun] It has been confirmed that Unification Minister Kwon Young-se submitted a written opinion to the Constitutional Court stating that the "Law Prohibiting Leaflets to North Korea is unconstitutional." However, the Ministry of Unification explained that Minister Kwon's submission of the opinion does not mean that the government supports the distribution of leaflets to North Korea.

The Lawyers for Human Rights and Unification of Korea (Hanbyun) announced on the 10th, "The Minister of Unification submitted a written opinion as an interested party in the constitutional complaint case regarding the Law Prohibiting Leaflets to North Korea, stating that it is unconstitutional."

In the opinion disclosed by Hanbyun, Minister Kwon pointed out that the Law Prohibiting Leaflets to North Korea (Amendment to the Act on the Development of Inter-Korean Relations) "violates the principle of prohibition of excess by infringing on freedom of expression, and violates the principles of legality, clarity, and proportionality, thus violating the Constitution."

He further argued, "The act of distributing leaflets, etc., to an unspecified large number of people in North Korea or moving them into North Korea inherently implies an intention or possibility to exert political influence on North Korean authorities or residents, which constitutes political activity or political expression of opinion," and "punishing such acts can be seen as restricting freedom of political activity or freedom of political expression."

Minister Kwon also emphasized, "The provisions under review broadly restrict acts corresponding to the distribution of leaflets, etc.," and "the meaning of 'causing harm or serious danger to the life or body of citizens' is unclear based solely on the content of the provisions, which could result in arbitrary prohibition and punishment."

However, the Ministry of Unification explained that this opinion does not mean that the government supports the distribution of leaflets to North Korea.

A Ministry of Unification official said to reporters on the same day that Minister Kwon's opinion "means that regulating the distribution of leaflets, etc., by law is undesirable from the perspectives of freedom of expression and the principle of legality," and "it does not mean that the government supports the distribution of leaflets, etc."

The official added, "The safety of the lives, bodies, and property of our citizens, including residents in border areas, is very important," and "it is more appropriate to handle this through existing laws such as the Police Duties Execution Act, Civil Act, and administrative measures."

He emphasized, "The government will continue to make consistent efforts to protect the lives, bodies, and property of our citizens, including residents in border areas."

Hanbyun, along with 27 organizations including the Direct Aid Movement for North Korean Compatriots, Keunsam, and Mulmangcho, filed a constitutional complaint on December 29 last year, requesting a ruling on the constitutionality of the Law Prohibiting Leaflets to North Korea after it was promulgated. The law stipulates that acts such as broadcasting with loudspeakers near the Military Demarcation Line, posting visual materials, and distributing leaflets to North Korea can be punished with imprisonment of up to three years or a fine of up to 30 million won.

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