Kwon Young-se "Anti-North Korea Leaflet Law Unconstitutional... Restriction on Freedom of Political Expression"

Minister of Unification Kwon Young-se Photo by Yonhap News

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[Asia Economy Reporter Jang Hee-jun] Unification Minister Kwon Young-se has submitted a statement to the Constitutional Court arguing that the "Law Prohibiting Leaflets to North Korea is unconstitutional."

The Lawyers for Human Rights and Unification of Korea (Hanbyun) announced on the 10th, "The Unification Minister submitted a statement as an interested party in the constitutional complaint case regarding the Law Prohibiting Leaflets to North Korea, asserting its unconstitutionality."

In the statement disclosed by Hanbyun, Minister Kwon pointed out that the Law Prohibiting Leaflets to North Korea (an amendment to the Act on the Development of Inter-Korean Relations) "violates the principle of prohibition of excess, infringes on freedom of expression, and violates the principles of legality, clarity, and proportionality, thus contravening the Constitution."

He further stated, "The act of distributing leaflets, etc., to an unspecified number of people in North Korea or sending them into North Korea inherently implies an intention or possibility to exert political influence on North Korean authorities or residents, which constitutes political activity or political expression." "Punishing such acts can be seen as restricting the freedom of political activity or the freedom of political expression."

Minister Kwon also emphasized, "The provisions under review broadly restrict acts corresponding to the distribution of leaflets, etc.," adding, "The meaning of 'causing harm or serious danger to the life or body of citizens' is unclear based solely on the content of the provisions, which could ultimately lead to arbitrary prohibition and punishment."

Hanbyun, along with 27 organizations including the Direct Aid Movement for North Korean Compatriots, Keunsam, and Mulmangcho, filed a constitutional complaint on December 29 last year, requesting a ruling on the constitutionality of the Law Prohibiting Leaflets to North Korea after it was promulgated. The law stipulates that acts such as broadcasting with loudspeakers near the Military Demarcation Line, posting visual materials, or distributing leaflets to North Korea can be punished with up to three years imprisonment or a fine of up to 30 million won.

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