A demonstrator carrying a sign walks past a board displaying images of hostages kidnapped in the Oct. 7 attack on Israel by Hamas, in Tel Aviv, Israel, Monday. Reuters-Yonhap

Soon after Hamas militants carried out a surprise attacks in Israel on Oct. 7, 2023, killing more than 1,000 people, many of whom were civilians, including children, South Korea denounced the assaults as "terrorist acts."

But, in South Korea — unlike in the United States and Japan — Hamas is not legally recognized as a terrorist organization because Korean law does not allow the designation. Korea's Terrorism Act defines terrorist organizations as those designated as such by the United Nations.

Many experts on foreign relations and human rights find this problematic. Speaking to The Korea Times on Tuesday, they said a country should be able to make its own judgment about the status of every organization that may pose dangers to its citizens. Deferring to the U.N.'s opinion on issues of national security is not only nonsensical but also could be viewed as dereliction of its duty, they added.

"The government and people of South Korea pay little attention to the law, perhaps because the country has long been considered safe from terrorist attacks. But with threats increasing from North Korea and means of terrorist methods evolving, we should be more proactive in dealing with such risks," said Kim Sung-soo, a professor of international relations at Hanyang University.

With the U.N. becoming increasingly divided and, as a result, ineffective, South Korea should set its own legal definition to effectively counter and prepare for the risks, Shin Hee-seok, a legal analyst at Transitional Justice Working Group, a Seoul-based NGO, said.

"What Hamas did was the very definition of terrorism. President Yoon Suk Yeol said it was a terrorist act, a position also confirmed by the Ministry of Foreign Affairs. We should call the group, and others like it, what they are and treat them as such," he said.

An Israeli soldier walks near armaments during a media event organised by the military where they displayed a variety of weapons recovered from areas hit by Hamas during its Oct. 7 attack on civilian homes across southern Israel, in this Oct. 26, 2023, file photo. Israel's military said a portion of the weapons used by Hamas were made in North Korea. AFP-Yonhap

In response to such calls, a group of lawmakers proposed a bill to revise the law on Nov. 10.

"There is no legal basis to punish terrorist groups not designated by the U.N. and those who sponsor them, such as Hamas, which raises concerns over the loophole in the government's response," the 10-member group, headed by Rep. Ha Tae-keung of the ruling People Power Party, said in the bill.

They said the National Counterterrorism Center, a state division under the prime minister's office, should be given the right to designate terrorist groups, just like many other countries do. They added the center should be allowed to exercise that right only to the organizations based overseas as there are worries that it could be exploited for political purposes.

In its response sent to Rep. Tae Yong-ho, obtained by The Korea Times, the foreign ministry said Hamas' random attack on civilians including women and children was clearly a terrorist act. But it also noted that, if the National Assembly passes the revision bill, South Korea may be pressured diplomatically by other countries to also apply the designation to certain other groups.

Despite evidence of murder, rape, mutilation and other brutal crimes against civilians, the U.N. has not labeled Hamas as a terrorist organization, drawing criticism from Israel and other states. In another recent accusation, Israel claimed a dozen employees of the U.N. Relief and Works Agency played a role in the Oct. 7 Hamas attacks against its people, prompting some major donor countries including the U.S. and Germany to suspend their funding to the agency.