The 'Kim Yo-jong Directive Law' Banning North Korea Leaflets... Constitutional Review After 3 Years

Unconstitutionality of Anti-North Korea Leaflet Ban Law Confirmed... Constitutional Court to Announce Ruling Today
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"If Ruled Unconstitutional, Psychological Warfare Weapon to Pressure North Korea Could Be Revived"

The constitutional validity of the so-called 'Law Prohibiting the Distribution of Leaflets to North Korea,' which has faced international criticism for its punitive provisions that completely ban leaflet distribution to North Korea, will be determined after three years. Since the Yoon Suk-yeol administration has already expressed the position that the 'Law Prohibiting the Distribution of Leaflets to North Korea is unconstitutional,' if the Constitutional Court rules it unconstitutional, the 'asymmetric power' that North Korea reacts to extremely sensitively is expected to be fully revived.

According to the legal community on the 26th, the Constitutional Court will deliver a ruling in the afternoon on two cases confirming the unconstitutionality of the Act on the Development of Inter-Korean Relations. Previously, organizations such as the Lawyers for Human Rights and Unification of Korea (Hanbyun) filed a constitutional complaint in December 2020, when the amendment to the Act on the Development of Inter-Korean Relations was promulgated, arguing that the law infringed on freedom of expression and violated the principle of legality.

Kim Yo-jong, Deputy Director of the Workers' Party of Korea, and President Moon Jae-in [Image source=Yonhap News]

The amendment to the Act on the Development of Inter-Korean Relations, commonly called the 'Law Prohibiting the Distribution of Leaflets to North Korea,' was forcibly enacted under the Moon Jae-in administration, led by the Democratic Party of Korea. It contains provisions that punish the act of distributing leaflets to North Korea with imprisonment of up to three years or a fine of up to 30 million won, effectively banning leaflet distribution altogether. The trigger was when the Free North Korea Movement Alliance sent leaflets condemning Kim Jong-un to the North in May 2020, which provoked a strong backlash from North Korea. At that time, Kim Yo-jong, the deputy director of the Workers' Party, threatened, "If measures to stop leaflet distribution are not taken, we will terminate the inter-Korean military agreement or close the inter-Korean joint liaison office," and the Ministry of Unification announced within just four hours that it would push for a law banning leaflet distribution. This is why it was stigmatized as the 'Kim Yo-jong Mandate Law'.

The Law Prohibiting the Distribution of Leaflets to North Korea has been criticized for suppressing freedom of expression and restricting (North Korean residents') right to access information, and internationally, it has been pointed out as an act that undermines decades of efforts to improve North Korean human rights. Susan Solt, known as the 'godmother of North Korean defectors' and president of the U.S. Committee for Human Rights in North Korea, criticized on the 19th, "The Moon Jae-in administration took away basic civil rights through the Law Prohibiting the Distribution of Leaflets to North Korea."

North Korean Defector Group Flying Leaflets to North Korea
[Image Source=Yonhap News]

The Constitutional Court is expected to rule the law unconstitutional. Already in April, the Supreme Court ruled that the Ministry of Unification's cancellation of the corporate license of the Free North Korea Movement Alliance due to leaflet distribution was unjustified. The court stated, "The act of distributing leaflets is part of political and social activities aimed at informing North Korean residents, who have restricted access to information, about the reality of the North Korean regime."

If an unconstitutional ruling is made, psychological warfare targeting North Korea is expected to gain momentum. A government source said, "If the Constitutional Court makes a ruling, the Ministry of Unification can officially allow leaflet distribution by announcing its position accordingly," and added, "That itself will exert strong psychological pressure on North Korea." The source further said, "The fact that North Korea reacts so strongly as to fire anti-aircraft guns at the leaflets means that they are that deadly, doesn't it?"

However, regardless of the Constitutional Court's ruling, a full-scale legislative amendment is likely to be postponed until after next year's general election. A government official said, "Given that the Democratic Party holds an overwhelming number of seats, it is judged that even if the amendment is proposed, it will be difficult to pass the National Assembly, so we are considering the timing."

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