Supreme Court: "Cancellation of Establishment for Group Distributing Leaflets to North Korea... Not a Public Interest Violation"

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The Supreme Court has ruled that the decision to revoke the establishment permit of an organization distributing leaflets to North Korea must be reconsidered.

The Supreme Court's Second Division (Presiding Justice Cheon Dae-yeop) overturned the lower court's ruling that dismissed the appeal in the lawsuit filed by the Free North Korea Movement Alliance against the Minister of Unification, seeking to cancel the 'revocation of the nonprofit corporation establishment permit,' and remanded the case to the Seoul High Court on the 27th.

The organization, led by defector Park Sang-hak, was criticized by Kim Yo-jong, Deputy Director of the Central Committee of the Workers' Party of Korea, who stated that "distributing leaflets to North Korea violates inter-Korean agreements such as the April 27 Panmunjom Declaration." Subsequently, in July 2020, the Moon Jae-in administration's Ministry of Unification revoked the corporation's establishment permit.

In response, the organization filed an administrative lawsuit opposing the government's decision but lost in both the first and second trials. The courts ruled that "the leaflet distribution posed risks to the lives and safety of residents in border areas and harmed the public interest by creating tension on the Korean Peninsula."

However, the Supreme Court's judgment differed. The Court held that leaflet distribution cannot be conclusively deemed a unilateral "act harming the public interest."

The bench stated, "Leaflet distribution is an activity aimed at raising international and social awareness of human rights issues in North Korea and falls under the plaintiff's activities protected by freedom of expression and freedom of association," adding, "The public interest cited by the defendant (Ministry of Unification) belongs to a very broad and political domain, and it is difficult to place fundamental responsibility for its infringement solely on the plaintiff or the leaflet distribution act in this case."

Furthermore, the Court ruled, "It is difficult to consider this case as one where the public interest that the defendant seeks to protect through this disposition must be prioritized over the plaintiff's constitutionally guaranteed fundamental rights," and "It is also difficult to view the order to dissolve the plaintiff's corporate status as a necessary and appropriate sanction to eliminate the infringement of public interest and restore legitimate legal order."

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