Forced repatriation case from 2019 gathers legal steam

The Ministry of Unification released pictures of North Korean refugee fishermen refusing to be repatriated to North Korea in November 2019. [MINISTRY OF UNIFICATION]

A human rights group filed criminal complaints Tuesday against high-ranking officials from the Moon Jae-in administration over their role in the repatriation of two North Korean fishermen in 2019.

On Nov. 2, 2019, two fishermen crossed the Northern Limit Line and entered South Korea.

When captured by the Navy, the two expressed an intention to defect, but were forced back to North Korea on Nov. 7, five days after their capture.

No proper investigation was conducted by South Korean government officials.

This was the first case of forced repatriation of North Koreans.

At the time, the Moon government said they were not covered by Article 9 of the North Korean Defectors Act because they committed crimes: murdering 16 fellow fishermen during their escape to South Korea.

In the criminal complaint submitted to the Seoul Central District Prosecutors’ Office, the Database Center for North Korean Human Rights (NKDB) alleged that Chung Eui-yong, former chief of the National Security Office, Suh Hoon, former deputy director of the National Intelligence Service and ten others were guilty of abuse of authority, arbitrary detention and extradition, dereliction of duty and destruction of evidence.

“Considering Article 3 of the Constitution, which defines the territory of the Republic of Korea as the Korean Peninsula and its annexed islands, North Korean refugees come under the effective rule of our law and are regarded as Korean citizens,” said Yoon Seung-hyeon, director of the NKDB Human Rights Violation Support Center.

Because they should have been considered South Korean citizens, criminal acts such as murder must be investigated and tried under South Korean law. Instead, they were repatriated to North Korea.

“The forced repatriation of North Korean refugees is an abuse of authority according to Article 123 of the Criminal Code,” said Yoon.

“If a North Korean refugee expressed an intention to defect, the government has to investigate whether or not the individual is subject to protection, but the Ministry of Unification did not go through such procedures,” he added.

“Even if the decision to repatriate was made by the government, they have an obligation to notify the North. The Ministry of Unification did not do so, which is considered a dereliction of duty under Article 122 of the Criminal Code."

The process of repatriation also violated the Constitution, the group said.

The North Korean fishermen were blindfolded, tied with ropes and forced into a car by SWAT Police, which is considered arbitrary detention and extradition under Article 124 of the Criminal Code.

The ship the fishermen was sent back immediately after the incident. Allegations of destruction of evidence were made.

“It’s suspicious that a significant case of the murder of 16 people was only investigated for five days,” Yoon said.

The NKBD also accused the government of assisting in the escape of “murderers” under Article 151 of the Criminal Code.

“A strong theory is that the government sacrificed the human rights of North Koreans to invite Chairman Kim Jong-un to the 2019 ASEAN-Republic of Korea Commemorative Summit held in Busan at the time,” Yoon said.

Meanwhile, the National Intelligence Service also filed a complaint against Suh Hoon, former deputy director of the National Intelligence Service, on July 6.

Suh shut down the investigation at the time and falsified documents, according to the National Intelligence Service, which falls under an abuse of authority.

BY HEO JEONG-WON [kjdnational@joongang.co.kr]