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| A North Korean fisherman is handed over to North Korean officials at the inter-Korean truce village of Panmunjom, in this Nov. 7, 2019, file photo. Courtesy of Ministry of Unification |
By Jung Min-ho
The government is pressing ahead with amending the law to protect North Korean escapees from repatriation against their will amid an investigation into the controversial 2019 decision to send back two North Korean fishermen despite their obvious resistance.
The Ministry of Unification announced the plan to propose a revision of the law, Wednesday, to require its minister to confirm directly whether a North Korean in question wants to stay in South Korea before making a final decision.
The revised law would also prohibit the government from deporting North Koreans against their will for any reason, even if they are accused of a felony. Instead, they would be given the right to a fair trial here.
The attempt to codify the specific rules comes following the revelation of the photos of two North Korean fishermen, visibly gripped by fear, handed over by South Korean authorities to North Korean officials at Panmunjom, the inter-Korean truce village.
The logic behind the previous Moon Jae-in administration's decision in November 2019 was that the fishermen were murderers on the run ― an accusation officials lodged against them following a three-day investigation ― and, therefore, "a threat to the safety of the people."
The decision shocked human rights activists in South Korea and beyond, especially given the dearth of evidence provided by the officials as well as precedents that suggest otherwise, such as the fact that other North Koreans have been allowed to settle in the South despite being accused of crimes.
The revision would also stipulate the foreign minister's right to decide how to deal with asylum-seeking North Koreans overseas, which would clarify who is responsible for such matters.
In August, Unification Minister Kwon Young-se said he would set the principle that all North Korea escapees must be accepted, even including those suspected of being spies. Such allegations can be verified through the justice system, he said.
The ministry will collect the opinions of experts and the public on the revision plan until Jan. 16 before proposing a bill to the National Assembly in March.
Meanwhile, the prosecution is stepping up its efforts to find out who was behind the decision to repatriate the two fisherman despite insufficient evidence and their written statements of the intent to defect.
A week ago, Suh Hoon, who served as the chief of the National Intelligence Service and the National Security Office under former President Moon, was arrested for a suspected cover-up surrounding the 2020 case in which a South Korean fisheries official was killed at sea by the North Korean military. Suh is also being investigated for allegedly inappropriately closing an investigation into the circumstances surrounding the fishermen's case.
On Oct. 19, investigators also grilled Noh Young-min, Moon's former chief of staff (January 2019-December 2020), for 12 hours over his alleged role in the case of the two fishermen, with some witnesses claiming that the atmosphere changed following a meeting that he presided over.
