Released North Korean Spy Who Sued Over "Forced Ideological Conversion" Loses Appeal

Seoul Central District Court Rules Against Plaintiff
Court: "No Evidence of Forced Ideological Conversion"

A North Korean spy who served five years in prison for violating the National Security Act filed a lawsuit after his release, claiming that the government forced him to renounce his ideology. However, he lost both the initial trial and the appeal.

The Civil Appeals Division 1-3 of the Seoul Central District Court (Presiding Judges Choi Seongsu, Lim Eunha, and Kim Yongdu) recently ruled against the plaintiff, A, in a damages lawsuit filed against the government, upholding the original verdict, Yonhap News Agency reported on the 13th.

Seoul Central District Court. Yonhap News Agency

A, an agent of North Korea's Reconnaissance General Bureau, infiltrated South Korea in 2011 using a forged Chinese passport and engaged in espionage activities until he was apprehended by security authorities in 2016. He was sentenced to five years in prison for violating the National Security Act and was released after serving his full term in 2021. In the year of his release, A submitted a petition to the Presidential Office and the National Intelligence Service, requesting South Korean citizenship. In response, the National Intelligence Service replied that in order to receive support for acquiring citizenship, he must either declare his intention to renounce his North Korean ideology and receive a protection decision or apply directly to the family court for approval.

Subsequently, he applied to the Seoul Family Court for permission to establish a new surname and family origin, and after receiving the court's approval, he was issued a resident registration card in January 2023. However, in May of last year, A filed a lawsuit claiming that government officials forced him to renounce his ideology, stating that he was told he could only resolve issues related to resident registration, housing, and employment if he did so, and that he was forcibly detained when he refused, thus violating his fundamental rights and human rights. He also demanded 80 million won in damages, arguing that the delayed issuance of his resident registration card prevented him from engaging in economic activities, receiving proper medical treatment, or even obtaining basic living expenses.

The first trial court rejected his claims, stating, "There are no specific facts to support the allegation that government officials forced A to renounce his ideology or encouraged him to do so." The court further pointed out, "For North Korean defectors to receive government support, they must express their intention to seek protection from South Korea. A did not express such an intention and even admitted to requesting to be sent back to North Korea." The court also added, "Government officials are not obligated to inform him of the procedures for applying for a resident registration card as part of their official duties."

The appellate court also found the initial verdict to be justified and dismissed the appeal.