Ruling on leaflets to North Korea welcomed

The Constitutional Court this week struck down the provision in the amended law in the Development of Inter-Korean Relations Act banning the dispatch of propaganda leaflets to North Korea on grounds that it excessively limits the South Korean constitutional right to “freedom of expression.” The ruling immediately invalidates the provision under the bill railroaded by the then-ruling Democratic Party (DP) during the previous Moon Jae-in government 33 months ago. Under the amended law, anyone who violates the provision can face a prison term of up to 3 years or a fine of 30 million won ($22,172). The law was struck down in a 7-2 vote from the top court bench.

The law banning the dispatch of anti-North Korea leaflets across the border drew criticism not just from home but also from the United States and the United Nations. The former government led by President Moon Jae-in pushed for the bill, citing concerns for the safety of residents near the border. The move came after Kim Yo-jong, the powerful sister of North Korean leader Kim Jong-un, threatened to trash the military agreement reached through a summit in 2018 for Seoul’s condoning the launches of anti-Pyongyang flyers. The Moon administration had not protested the saber-rattling that restricts the rights of South Koreans and threatens the lives of residents near the border. Keeping inter-Korean relations peaceful is one thing, but surrendering to North Korea’s threat is another.

The top court also found Constitutional incongruity in the action. Four justices said the provision prohibiting the dispatch of anti-North leaflets “translated the responsibility of the North Korean provocation onto those who send flyers, which constitutes the imposition of penalty on those who do not deserve criticism.” In other words, the government must not find fault with those who send leaflets when it is Pyongyang that poses a danger to the lives of South Koreans.

But the Constitutional court has not condoned the reckless spread of anti-Pyongyang leaflets. The act can be contained through police restriction or prior notice of the act of sending leaflets, the court said. Flyer sending had also posed a headache for conservative governments. Under President Park Geun-hye in 2014, North Korea shot down balloons carrying anti-Pyongyang flyers. The conservative government ordered the police to contain the dispatch and pleaded with bodies of defectors to restrain the action.

Legislation that can excessively restrict South Korean rights must not be repeated. The former government and the DP figures who pressed the bill must apologize to the people. The legislature must come up with more effective measures to ensure the safety of the residents living near the border than the ban. The government and politicians have the duty to explore the best possible way to guard public lives without infringing on the values of democracy and civilian rights.