Lessons from convictions in the forced repatriation of North Korean fishermen
Published: 20 Feb. 2025, 00:00
A South Korean court has found key security officials from the Moon Jae-in administration guilty in the case of the "forced repatriation of North Korean fishermen.” However, the court acknowledged mitigating circumstances and suspended their sentences. The Seoul Central District Court ruled Wednesday to suspend a 10-month prison sentence for former National Security Advisor Chung Eui-yong and former National Intelligence Service (NIS) Director Suh Hoon. The court also suspended a six-month sentence for former Presidential chief of staff Noh Young-min and former Unification Minister Kim Yeon-chul. This verdict comes two years after prosecutors indicted the four officials without detention in February 2023. Senior officials who oversaw foreign and security policy in the previous administration must now offer a sincere apology and show genuine remorse for failing to uphold their duty to protect North Korean defectors.
The case dates back to November 2019, when the South Korean Navy seized a North Korean fishing boat that had crossed the Northern Limit Line (NLL) in the East Sea. The two North Korean fishermen on board expressed their intent to defect and even signed related documents. However, the Moon administration ignored their wishes and sent them back to North Korea. In July 2022, after the launch of the Yoon Suk Yeol administration, the Ministry of Unification released videos and photos that sparked public outrage. The footage showed the two fishermen being forcibly dragged to Panmunjom, desperately resisting their return to North Korea.
The Moon administration has long faced criticism for prioritizing the appeasement of North Korea over human rights, resorting to extreme and unjustifiable measures. According to South Korea’s Constitution and laws, North Korean defectors are considered South Korean citizens and must not be repatriated against their will. Chung and other officials have argued that the fishermen were “heinous criminals,” justifying their forced return. The fishermen were accused of murdering 16 fellow crew members before their escape. However, regardless of the severity of their crimes, they had crossed into South Korea and should have been investigated and tried under South Korean law. Sending them back to North Korea was an unacceptable violation of their rights. The court rightly pointed out that the notion of allowing state authorities to deprive individuals of their fundamental rights without trial simply because they are criminals is “a highly dangerous idea.” The ruling also noted that the fishermen’s alleged crimes were taken into consideration in sentencing.
The flow of North Korean defectors fleeing due to food shortages and human rights abuses is unlikely to stop. South Korea must never forget that these defectors have the right to protection as South Korean citizens. It is also necessary to clarify whether former President Moon was completely unaware of the forced repatriation or, if he was briefed, to what extent he was involved. South Korea must never again return defectors against their will out of deference to North Korea.
Translated using generative AI and edited by Korea JoongAng Daily staff.
The case dates back to November 2019, when the South Korean Navy seized a North Korean fishing boat that had crossed the Northern Limit Line (NLL) in the East Sea. The two North Korean fishermen on board expressed their intent to defect and even signed related documents. However, the Moon administration ignored their wishes and sent them back to North Korea. In July 2022, after the launch of the Yoon Suk Yeol administration, the Ministry of Unification released videos and photos that sparked public outrage. The footage showed the two fishermen being forcibly dragged to Panmunjom, desperately resisting their return to North Korea.
The Moon administration has long faced criticism for prioritizing the appeasement of North Korea over human rights, resorting to extreme and unjustifiable measures. According to South Korea’s Constitution and laws, North Korean defectors are considered South Korean citizens and must not be repatriated against their will. Chung and other officials have argued that the fishermen were “heinous criminals,” justifying their forced return. The fishermen were accused of murdering 16 fellow crew members before their escape. However, regardless of the severity of their crimes, they had crossed into South Korea and should have been investigated and tried under South Korean law. Sending them back to North Korea was an unacceptable violation of their rights. The court rightly pointed out that the notion of allowing state authorities to deprive individuals of their fundamental rights without trial simply because they are criminals is “a highly dangerous idea.” The ruling also noted that the fishermen’s alleged crimes were taken into consideration in sentencing.
The flow of North Korean defectors fleeing due to food shortages and human rights abuses is unlikely to stop. South Korea must never forget that these defectors have the right to protection as South Korean citizens. It is also necessary to clarify whether former President Moon was completely unaware of the forced repatriation or, if he was briefed, to what extent he was involved. South Korea must never again return defectors against their will out of deference to North Korea.
Translated using generative AI and edited by Korea JoongAng Daily staff.
with the Korea JoongAng Daily
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