<W解説>対北ビラ禁止は「違憲」に反発する北朝鮮=境界地域の韓国人の安全は担保できるか
North Korea opposes ban on anti-North Korean leaflets as ``unconstitutional'' = Can the safety of South Koreans in border areas be guaranteed?
In September, South Korea's Constitutional Court ruled that a law prohibiting the flying of leaflets criticizing the Kim Jung Eun regime toward North Korea was unconstitutional.
Korea is protesting. North Korea's state-run Korean Central News Agency stated on the 8th of this month, based on the situation in Ukraine and a series of clashes between Israel and Hamas, ``There is no guarantee that a military conflict will not occur on the Korean Peninsula.''
"Yes," he emphasized. There is a possibility that inter-Korean relations will become even more tense in the future. In June 2020, Kim Jong Il's younger sister, Yo Jong, made a strong case regarding the dissemination of leaflets by South Korean human rights groups.
There was a strong backlash. In a statement released at the time, he said, ``We must make the traitors and trash realize the magnitude of the crime they have committed. They will soon learn the gravity of the damage they have done to our great dignity.''
”, he warned. Three days after the statement was released, North Korea blew up the inter-Korean joint liaison office in Kaesong, in the southwest. The video that captured the incident was streamed around the world and caused a shock.
In response to this, South Korea's then-President Moon Jae-in administration began amending the law to prohibit the distributing of leaflets in order to protect the safety of residents in border areas. Opposition party at the time
The People's Power and others opposed the ban, saying that ``leaflets are the only means of conveying external information to North Korean residents, whose information is controlled,'' but in December 2020, the then-ruling Democratic Party of Japan strength
A line vote was taken. The newly enacted ``North-South Relations Development Act'' prohibits sending leaflets criticizing the Kim regime in North Korea to the north of the Military Demarcation Line using balloons, etc. Violators are subject to up to three years in prison or a fine of 300 yen.
The main idea is to impose a fine of 00,000 won (approximately 3.44 million yen at current exchange rates), and in an article at the time reporting on its establishment, the Korean newspaper Hankyoreh reported that the distributing of leaflets had sparked an ``accidental military conflict.'' shielded from the former
This is legislation aimed at cutting the line." The South Korean Ministry of Unification also welcomed the law, saying it is a "life protection law" for the people, including the 1.12 million people living in border areas, and a "law to promote the improvement of inter-Korean relations."
Ta. However, human rights groups that have been distributing leaflets oppose the law. They argued that it would violate the "freedom of expression" specified in South Korea's constitution and interfere with the rights of North Korean residents. Due to the above-mentioned circumstances,
As a result, conservative forces criticized the law, calling it a ``Kim Yo Jong-mandated law'' that complied with North Korea. Concerns were also voiced from the international community, including the U.S. Congress and the United Nations.
After that, 27 human rights organizations in South Korea and other organizations were forced to disseminate leaflets and other materials toward North Korea, which the law stipulates, pose a threat to the lives and bodies of the people or cause serious danger.
He filed a lawsuit asking the court to determine whether the provision that states "No person shall be allowed to do anything" (Article 24, Paragraph 1, Item 3 of the same law) "excessively restricts freedom of expression" is unconstitutional. Ta. The government has changed
However, the Yun Seo-gyul administration has stated that this clause interferes with North Korean residents' right to know, and that the law needs to be amended. However, the distribution of leaflets threatens the safety of the border area between the north and south.
They have called for restraint, citing concerns. Approximately two years and nine months after the plaintiffs filed their lawsuit, South Korea's Constitutional Court ruled in September of this year that the provision of the law banning the distribution of leaflets to North Korea "violates freedom of expression."
pointing out. The court ruled that it was unconstitutional. The Ministry of Unification welcomes this decision. We have begun the process of repealing the interpretation guidance of the Act. The government plans to issue an abolition order around the middle of this month.
On the 8th of this month, about a month and a half after the Constitutional Court's decision, North Korea's Korean Central News Agency mentioned this for the first time. In its commentary, the same news agency said, ``Psychological tactics such as leaflets are
"This will be the catalyst for the end of the Republic of Korea," he warned. ``Distributing leaflets is a sophisticated form of psychological warfare, and is effectively a pre-emptive attack carried out before the start of a war,'' he claimed.
In response, South Korea's Ministry of Unification said, ``Distributing leaflets against North Korea is an activity carried out voluntarily by private organizations based on the freedom of expression guaranteed by our country's constitution.''
He stressed that he would ``sternly warn North Korea not to use the Constitutional Court's decision as an excuse to make any reckless moves.'' The Ministry of Unification has previously asked organizations to refrain from distributing leaflets, but the
Following the court's decision, we will no longer request self-restraint. For this reason, there is a possibility that the distribution of leaflets criticizing the regime will become more active. At the time the Constitutional Court's decision was issued, the Ministry of Unification was concerned about the possibility of provocation by North Korea and
Regarding the security of the northern border area, he stressed, ``There is no need to feel anxious because the government maintains strong deterrence and response readiness against provocations from the North.'' However, as mentioned above, North Korea has
There was a strong backlash. In the past, there have been cases in which the inter-Korean joint liaison office was blown up as a result of distributing leaflets, and North Korea's recent statement stated that ``a military conflict similar to that in Europe or the Middle East could occur on the Korean peninsula.''
"There is no guarantee that it will not occur," he said, raising concerns.
2023/11/10 11:29 KST
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