Government "Abolishes Interpretation Guideline of North Korea Leaflet Act for 'South of the Military Demarcation Line'"

Ministry of Unification Begins Abolishing Sub-Guidelines of Inter-Korean Relations Development Act
Under Moon, Military Demarcation Line Interpreted as 'Il-dae → Inam' Expansion
"Law Nullified by Unconstitutional Ruling, Subordinate Administrative Rules Abolished"

The government will begin the process of abolishing the subordinate interpretation guidelines that set zones prohibiting the distribution of leaflets to North Korea, following the Constitutional Court's ruling that the law banning leaflet distribution to North Korea is unconstitutional. While the law prohibits the use of loudspeakers and visual materials directed at North Korea in areas around the Military Demarcation Line, the Ministry of Unification under the Moon Jae-in administration had expanded this interpretation to include areas south of the Military Demarcation Line, and these guidelines will now be removed.

An official from the Ministry of Unification told reporters on the 17th, "Following the Constitutional Court's ruling that the leaflet regulation clause in the Act on the Development of Inter-Korean Relations is unconstitutional, we plan to proceed with the abolition of the subordinate administrative rule, the 'Interpretation Guidelines on the Scope of Application of Article 24, Paragraph 1, Subparagraph 3 of the Act on the Development of Inter-Korean Relations,' which contains the unconstitutional clause." He added, "We will begin the abolition process today and plan to issue the abolition order around mid-November after gathering opinions from related ministries."

A group of North Korean defectors is distributing leaflets into North Korea. [Image source=Yonhap News]

The so-called 'Anti-North Korea Leaflet Law,' an amendment to the Act on the Development of Inter-Korean Relations, includes detailed definitions regarding the distribution of leaflets and similar materials. The most heavily criticized point by human rights organizations was the expansion of the legal provision that prohibits leaflet distribution in the 'area around the Military Demarcation Line' to include areas 'south of the Military Demarcation Line.' Since the inauguration of the Yoon Suk-yeol administration, the government's stance on the Anti-North Korea Leaflet Law has changed, and there have been repeated calls to revise the interpretation guidelines even before the Constitutional Court's ruling. Additionally, the guidelines specify detailed provisions for the application of the law, such as stating that "acts of distributing leaflets from third countries are not subject to this law."

When asked whether abolishing only the interpretation guidelines would make little practical difference since the legal provisions have already been nullified, the Ministry of Unification official responded, "Even if a law amendment (abolition) is pursued, the administrative rule (interpretation guidelines) still exists as an internal regulation of the Ministry of Unification, so the intention is to completely abolish this rule itself." This is understood as an effort to preemptively resolve conflicts with future ordinances following legal amendments.

Regarding the suggestion that the Ministry of Unification should express regret, the official explained, "The minister expressed regret during the National Assembly Foreign Affairs and Unification Committee's audit." Previously, on the 11th, Kim Seok-ki, a member of the People Power Party, pointed out during the Ministry of Unification audit, "Although it happened before the minister took office, the Ministry of Unification played a leading role in creating the Anti-North Korea Leaflet Law," to which Minister Kim Young-ho responded, "I feel deeply sorry."

The official stated, "We will actively cooperate with the National Assembly to ensure that the law amendment to delete the nullified leaflet regulation clause in the Act on the Development of Inter-Korean Relations can be carried out as soon as possible." Currently, amendment bills have been submitted by People Power Party lawmakers Ji Seong-ho and Yoon Sang-hyun, and the Ministry of Unification plans to support the National Assembly's law amendment, judging that it is not practical to separately prepare a government bill with essentially the same content.

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