[Exclusive] Bipartisan Co-Sponsorship of the 'Safety Transfer Act for Talbukmin'

Legal Basis Established for Protection and Transfer of North Korean Defectors Abroad
Ministry of Foreign Affairs Likely to Form Consultative Body with Related Ministries
Assemblymen Kim Geon and Hong Gi-won... "Special Commitment to Protect North Korean Defectors"

To prevent the repeated forced repatriation of North Korean defectors, the Ministry of Foreign Affairs will establish the necessary legal basis to carry out the protection and transfer of defectors residing overseas. Attention is focused on whether the government's intention to protect overseas defectors, through a bill jointly proposed by ruling and opposition lawmakers, will lead to bipartisan cooperation.

Clarifying the Ministry of Foreign Affairs' Role in Protecting and Transferring 'Overseas North Korean Defectors'

A woman being dragged away by Chinese police outside the Korean Consulate in Beijing, China. [Image source=AP Yonhap News]

Kim Geon, the senior member of the Foreign Affairs and Unification Committee from the People Power Party, officially proposed the "Defector Safe Transfer Act" on the 3rd. This is a partial amendment to the "Act on the Protection and Settlement Support of North Korean Defectors (North Korean Defectors Act)" that establishes the legal basis to support the entry into South Korea of defectors who have applied for protection overseas.

Article 4 of the North Korean Defectors Act states that "The Republic of Korea shall make diplomatic efforts to protect and support defectors residing abroad." Accordingly, the Ministry of Foreign Affairs is responsible for protecting and transferring defectors who wish to come to South Korea, as well as consulting with the relevant countries and international organizations.

The problem was that there was no legal basis for the Ministry of Foreign Affairs' activities. Although a temporary organization called the "Overseas Cooperation Team for the National Community" has been operated under administrative regulations, there were many limitations. It was unclear what tasks should be performed during the protection and transfer process of defectors and to what extent the Ministry could be involved.

The amendment grants both authority and obligations to the Ministry of Foreign Affairs. Just as the current law stipulates the protective roles of the Minister of Unification and the Director of the National Intelligence Service, it states that "the Minister of Foreign Affairs may provide necessary support for the entry into the country of defectors who have applied for protection at overseas diplomatic missions, as prescribed by Presidential Decree." If the law is amended, the Ministry of Foreign Affairs expects to clearly define its responsibilities, such as establishing the "basic principles on defector protection and transfer operations," and to take practical measures like forming a "consultative body with related ministries."

First Bipartisan Joint Proposal in the Foreign Affairs Committee... "Reflecting Bipartisan Will"

Kim Gun, a member of the People Power Party who served as the Head of the Ministry of Foreign Affairs' Peace Negotiation Headquarters for the Korean Peninsula.
[Image source=Yonhap News]

Kim Geon said, "When North Korean residents, who are our citizens under the Constitution, leave North Korea and apply for protection at overseas diplomatic missions, it is important to transfer them quickly and safely to South Korea." He emphasized, "This amendment was jointly proposed by ruling and opposition members of the National Assembly's Foreign Affairs and Unification Committee, reflecting a bipartisan commitment to protecting defectors." Kim directly oversaw the "Overseas Cooperation Team for the National Community" during his tenure as head of the Ministry of Foreign Affairs' Korea Peace Negotiation Headquarters.

Similarly, Hong Gi-won, a member of the Democratic Party of Korea and a former diplomat, also co-sponsored the bill. Hong said, "It is important to have a system for assisting and transferring defectors at overseas diplomatic missions and to have protective facilities in place." He added, "Strengthening the protection and transfer system for defectors entering through overseas missions is not just a legal adjustment but a declaration of the 'state's obligation' to actively protect defectors who are our citizens."

Since this is the first bipartisan joint proposal in the Foreign Affairs Committee, attention is focused on whether it will lead to bipartisan cooperation for defector protection. It is reported that Kim placed the greatest emphasis on seeking cooperation from opposition lawmakers during the bill preparation process. Hong evaluated, "The fact that this is being promoted as a rare joint proposal by ruling and opposition members means that our National Assembly's will regarding this amendment is special."

Meanwhile, on the 21st of last month, 15 North Korean defectors were arrested by Chinese public security just before crossing the Mekong River. As testimonies emerged that certain brokers and missionary groups were repeatedly forcing defectors to escape for commissions or fundraising purposes, calls have been raised for the Ministry of Foreign Affairs to intervene to protect defectors residing overseas.

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