Moon Administration's 'Forced Repatriation of North Korean Fishermen' Jung Eui-yong and Suh Hoon Sentenced to 10 Months Imprisonment with Suspension

Noh Young-min and Kim Yeon-chul, Also Indicted, Receive Six-Month Suspended Sentences
"It Is Reasonable to View That They Failed to Make Rational Judgments in an Exceptional Situation"

The first-instance court suspended the 10-month prison sentence for Jeong Eui-yong, former Director of the National Security Office, and Suh Hoon, former Director of the National Intelligence Service, who were prosecuted on charges of forcibly repatriating North Korean fishermen who defected during the Moon Jae-in administration.

Former National Intelligence Service Director Seo Hoon, accused of illegally and forcibly repatriating a North Korean fisherman who expressed his intention to defect, is attending the first trial sentencing held at the Seoul Central District Court in Seocho-gu, Seoul on February 19, 2025. Photo by Kang Jin-hyung

On the 19th, the Criminal Division 21 of the Seoul Central District Court (Presiding Judge Heo Kyung-moo) held the first-instance sentencing hearing for security officials of the Moon Jae-in administration, who were indicted on charges including abuse of authority and obstruction of the exercise of rights under the National Intelligence Service Act, and suspended the 10-month prison sentences for former Director Jeong and former Director Suh.

Former Presidential Chief of Staff Noh Young-min and former Minister of Unification Kim Yeon-chul, who were also indicted, each received a suspended sentence of six months in prison.

A suspended sentence means that although guilt is acknowledged for minor criminal circumstances, the court postpones the sentencing itself for a certain period. If two years pass without further issues, the effect of the sentence is considered nullified. If a judgment involving disqualification or higher is confirmed during the suspension period, sentencing will be resumed.

The court stated the sentencing rationale, saying, "Although careful legal review was required based solely on confessions that North Korean residents committed heinous crimes, the decision to repatriate was made just two days after their capture, emphasizing speed excessively, and the actual repatriation occurred within only five days," but also noted, "The heinousness of the crimes committed by the North Korean residents cannot be disregarded."

It added, "It is more reasonable to view that the defendants did not commit the crime due to their personal character or behavior, but rather because they faced an exceptional situation in their official capacities at the time and failed to make reasonable policy judgments, leading to the commission of this crime."

Furthermore, the court said, "Most systems were established while still trapped in the confrontational mindset formed after the division of South and North Korea, and there are no legal guidelines applicable to cases like this," and questioned, "Is it right to punish only those responsible for the work without first improving the system?"

They were indicted without detention in February 2023 on charges including ordering public officials to perform duties not required of them by forcibly sending back two North Korean fishermen who defected despite expressing their intention to defect, and who were identified as having killed 16 fellow crew members in 2019.

They were also charged with obstructing the fishermen’s right to be tried according to domestic laws and procedures. The fishermen were captured by the military near the Northern Limit Line (NLL) while heading south by fishing boat in the East Sea, and the government repatriated them within five days on the grounds that those who committed serious non-political crimes such as murder were not subjects of protection.

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