The North Korean Defectors' Safe Transfer Act Passes the National Assembly Plenary Session with 'Bipartisan Agreement'

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Legal grounds necessary for protecting and transferring North Korean defectors residing overseas have been established by diplomatic authorities to prevent forced repatriation incidents. As a bill prepared based on bipartisan agreement by ruling and opposition party lawmakers passed the National Assembly, it is expected that government protection measures for North Korean defectors residing abroad will be strengthened.

On the 28th, the National Assembly held a plenary session and passed the partial amendment bill to the Act on the Protection and Settlement Support of North Korean Defectors (North Korean Defectors Act) with 202 votes in favor, 6 against, and 39 abstentions out of 247 members present. The "North Korean Defector Safety Transfer Act," jointly proposed in September by Kim Geon of the People Power Party and Hong Gi-won of the Democratic Party of Korea, established a legal basis to support the entry into South Korea of defectors who applied for protection overseas.

North Korean defectors waiting for third-country resettlement at Chiang Saen Police Station, Chiang Rai Province, Thailand, May 2007. Photo by Yonhap News.

Article 4 of the North Korean Defectors Act states, "The Republic of Korea shall make diplomatic efforts to protect and support North Korean defectors residing abroad." Accordingly, if defectors wish to come to South Korea, the Ministry of Foreign Affairs is responsible for protecting and transferring them, 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" was 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 protection roles of the Minister of Unification and the Director of the National Intelligence Service, it now states that "the Minister of Foreign Affairs may provide necessary support for the entry into the country of defectors who applied for protection at overseas diplomatic missions, as prescribed by Presidential Decree."

With the legal amendment, the Ministry of Foreign Affairs expects that it will be possible to clearly define its responsibilities, such as establishing "basic principles regarding the protection and transfer of defectors," and to take practical measures like forming a "consultative body with related ministries."

Kim Geon, a member of the People Power Party, is giving a proposal explanation on the "Safe Transfer Act for North Korean Defectors" at the 13th plenary session of the 418th National Assembly (regular session) held at the National Assembly in Yeouido, Seoul, on the afternoon of the 28th. Photo by Kim Geon’s office

This bill, led by Representative Kim Geon, is also the first bipartisan joint proposal to come out of the National Assembly's Foreign Affairs and Unification Committee. In terms of protecting North Korean defectors residing overseas, the ruling and opposition parties have united in bipartisan consensus.

Representative Kim said, "Having served as the head of the Ministry of Foreign Affairs' Korea Peace Negotiation Headquarters in the past, I directly oversaw the 'Overseas Cooperation Team for the National Community,' but faced difficulties in protecting defectors due to the lack of legal grounds. I am honored that this amendment will allow us to strengthen protection for defectors." He added, "It is especially meaningful that members of the Foreign Affairs and Unification Committee from both parties jointly proposed this bill, demonstrating bipartisan determination to protect defectors. I hope the government will actively work on necessary follow-up measures, such as establishing a dedicated department."

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