Forced Disappearance Prevention Act Stalled in National Assembly... "Statute of Limitations Poison Clause"

Joined the Forced Disappearance Prevention Convention, but Legislation 'Stalled'
Concerns Over Bills Pending in the National Assembly Due to Statute of Limitations
Victim Groups Submit Petition to Minister of Justice Today

#. In December 1969, the Korean Air YS-11 aircraft departing from Gangneung was hijacked over Daegwallyeong by North Korean spies. Of the 50 passengers on board, 39 returned through Panmunjom 66 days after the incident in February 1970, but 11, including Hwang Won, an MBC PD, did not return. His son, Hwang In-cheol, representative of the KAL Aircraft Hijacking Victims' Families Association, revealed, "My mother never processed my father's retirement, saying 'You have to work when you come back.' Even after more than 50 years, the plane that never reached its destination is still 'in flight.' My family and I are still in severe pain."

Since the Korean War, the lives and deaths of citizens abducted and detained by North Korea have not been confirmed, but legislative measures following our government's accession to the UN Convention for the Protection of All Persons from Enforced Disappearance have been sluggish. Some bills pending in the National Assembly for over two years include statutes of limitations on compensation liability, which critics argue could act as 'poison clauses' for victims and their families.

In December 1969, Mr. Hwang Won, a victim of the Korean Air YS-11 hijacking incident by North Korea (then an MBC PD), is seen holding his daughter and his son Hwang In-cheol, the representative of the KAL Hijacking Victims' Families Association (left), before the abduction.

The Incorporated Association of Families of Persons Abducted during the Korean War and the 1969 KAL Aircraft Hijacking Victims' Families Association held a press conference on the 25th in front of the Ministry of Justice building in Gwacheon, Gyeonggi Province, announcing their plan to submit a petition to Minister Han Dong-hoon for the enactment of legislation to implement the Convention for the Protection of All Persons from Enforced Disappearance. The UN General Assembly adopted the convention in December 2006, and our government acceded to it in January this year.

It is known that nearly 100,000 South Korean citizens were abducted by the North during the Korean War. The number of unreturned South Korean POWs is estimated to be around 50,000. Since the armistice, North Korea has not repatriated 516 South Korean POWs and civilian abductees, including incidents such as the Vietnam War and the capture of the naval broadcasting ship 'I-2.' In the past decade alone, at least six individuals (Kim Guk-gi, Choi Chun-gil, Kim Jeong-uk, Kim Won-ho, Go Hyun-cheol, and one unidentified person) have been detained.

North Korea has consistently been uncooperative on the issues of abductees, detainees, and POWs even when inter-Korean relations were not tense. They have maintained the stance that there are no forcibly detained citizens or POWs. This is why international pressure is considered a practical approach. Accession to the UN Convention for the Protection of All Persons from Enforced Disappearance is evaluated in the same context. It establishes our government's justification to hold North Korea accountable under international law and to urge repatriation. The immediate task is domestic legislation to fulfill the government's obligations under the convention.

Currently, two related bills are pending in the National Assembly's Legislation and Judiciary Committee. One is the "Act to Protect All Persons from Enforced Disappearance," introduced by Jeon Yong-gi of the Democratic Party in January 2021, and the other is the "Act on Punishment of Enforced Disappearance Crimes, Prevention of Enforced Disappearance, and Relief of Victims," introduced by Kim Ki-hyun of the People Power Party in May last year. Although more than two years have passed, the bills were only submitted to the subcommittee of the Judiciary Committee about two weeks ago. If not passed within the remaining term of the 21st National Assembly, which has less than a year left, the bills will be automatically discarded.

At the 10th June 25 Abductee Victims Remembrance Day event last June, a family member of an abductee victim is gently touching a photo of her abducted father.
[Image source=Yonhap News]

Some victim families have expressed concerns not only about the legislative delay but also about the content of the bills. They point out that the clauses setting statutes of limitations on compensation liability could act as 'poison clauses' for victims and their families. The bill introduced by Jeon stipulates a statute of limitations of 20 years from the day the victim or perpetrator is known and 50 years from the occurrence of the damage. Kim's bill sets a short-term statute of limitations of 10 years and a long-term of 30 years. Many victims from the war and post-war periods could be excluded.

Hwang In-cheol, representative of the KAL Aircraft Hijacking Victims' Families Association, stated, "Setting a statute of limitations on compensation liability, which is the most important aspect of the Convention for the Protection of All Persons from Enforced Disappearance, clearly violates the convention. Enforced disappearance crimes are ongoing, so it is unacceptable for compensation rights to expire due to statutes of limitations." He added, "We, whose families were forcibly abducted by North Korea, must spend the upcoming Chuseok holiday with heavy hearts. We appeal for the legislation to be made 'victim-centered' in accordance with the principles and purpose of the convention."

Meanwhile, 14 human rights organizations including the North Korean Human Rights Citizens Alliance (NKHR) and the Transitional Justice Working Group (TJWG), along with Kim Jeong-sam, the brother of missionary Kim Jeong-uk detained in North Korea, sent a letter last month on the 30th to Kim Do-eup, Chairman of the National Assembly Legislation and Judiciary Committee (People Power Party), urging legislation to implement the Convention for the Protection of All Persons from Enforced Disappearance. Song Doo-hwan, Chairperson of the National Human Rights Commission, recently stated in a press release, "The enactment of the law will contribute to the investigation of enforced disappearance and other crimes against humanity, the punishment of perpetrators, relief for victims, and the prevention of such crimes in the future."

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