"Preventing Forced Repatriation Recurrence"... Ministry of Unification Begins Amendment of the North Korean Defectors Act

'Mandatory Confirmation of Protective Intent'... Amendment Submitted to the Cabinet Meeting
"Prevent Forced Repatriation of Defector Fishermen"... Calls for Supplementation

The Ministry of Unification has begun revising the Act on the Protection and Settlement Support of Residents Escaping from North Korea to prevent the recurrence of the 'Forced Repatriation of North Korean Fishermen' incident that occurred during the Moon Jae-in administration. Although a mandatory provision was newly established requiring the Minister of Unification to confirm the protection intention of defectors, there are also criticisms that the standard for 'expression of intention' is ambiguous and needs supplementation.

An official from the Ministry of Unification said on the 18th in a meeting with reporters, "To strengthen the practical protection of North Korean defectors and to improve and supplement the shortcomings found in the current system, such as confirming the intention to be protected, we are revising the Act on the Protection and Settlement Support of Residents Escaping from North Korea," adding, "The revision bill was submitted to the Cabinet meeting today." The revision bill is expected to be submitted to the National Assembly after presidential approval.

In November 2019, two North Korean sailors killed 16 of their comrades, defected, and expressed their intention to seek asylum. However, the Moon Jae-in administration rejected this and deported them back to North Korea through Panmunjom.
[Photo by Ministry of Unification]

The revision bill newly establishes the 'obligation' for the Minister of Unification to confirm the protection intention of all defectors who enter the country through third countries, land, or sea. It also includes provisions to establish grounds for requesting criminal investigations against defectors and to allow flexible operation of the personal protection period.

The Ministry of Unification explained, "The revision bill was prepared to prevent the recurrence of the forced repatriation incident of North Korean fishermen." Previously, in November 2019, two North Korean sailors killed 16 colleagues, defected, and expressed their intention to seek asylum, but the Moon Jae-in administration rejected this and deported them back to North Korea. This incident was criticized by the international community for violating the Convention Against Torture, and there were continuous criticisms about the lack of legal regulations regarding the concept of 'intention to defect' and the confirmation procedures.

However, some voices point out that the revision bill still contains ambiguous points. The confirmation of protection intention, which will become an obligation for the Minister of Unification, is a representative example. Just as the Moon Jae-in administration denied the fishermen's intention to defect as 'not genuine,' the concept of protection intention remains unclear. Eight North Korean human rights organizations expressed concerns about the potential misuse of this provision and sent a letter to President Yoon Suk-yeol in February this year requesting supplementation.

There are also criticisms that the provision for requesting investigations into defectors' criminal acts has a high risk of misuse. The revision bill allows the Minister of Unification to request investigations into serious criminals or take 'other necessary measures,' but depending on the government's arbitrary interpretation, forced repatriation could be judged as a 'necessary measure.' Human rights organizations argue that the 'principle of non-refoulement' should be explicitly codified.

An official from the Ministry of Unification said, "This revision bill is scheduled to be submitted to the National Assembly after presidential approval," and added, "We will continue to make efforts to steadily revise related laws and improve systems so that practical help can be provided for the stable settlement of defectors."

Meanwhile, the Yoon Suk-yeol administration holds the position that the forced repatriation incident of North Korean fishermen was not carried out through proper procedures. As a result of this incident, key security officials from the Moon Jae-in administration, including former National Security Office Director Chung Eui-yong, former National Intelligence Service Director Suh Hoon, and former Minister of Unification Kim Yeon-chul, were indicted.

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