Anti-North leaflet balloons might violate aviation law, says Transport Ministry

Balloons carrying anti-North Korean leaflets may violate aviation laws depending on their weight, the South Korean government said, as concerns grow that Pyongyang could potentially target launch sites in the South.

Members of the Fighters for a Free North Korea, a North Korean defectors' group, send balloons carrying anti-Pyongyang leaflets to North Korea in the South Korean border city of Paju on June 20. [NEWS1]

Balloons carrying anti-North Korean leaflets may violate aviation laws depending on their weight, the South Korean government said, as concerns grow that Pyongyang could potentially target launch sites in the South.

According to documents obtained by Rep. Lee Yeon-hee of the Democratic Party, attaching objects weighing 2 kilograms (pounds) or more to a balloon could be seen as a violation of aviation safety laws.

The Ministry of Land, Infrastructure and Transport said this in response to a recent police inquiry regarding the legality of leaflet balloons.

South Korean civic groups have been sending balloons carrying leaflets criticizing leader Kim Jong-un and his regime to the North, with North Korea responding by sending balloons carrying trash the other way.

These waste-laden balloons have been found in multiple districts across Seoul, Gyeonggi and Incheon, and some have even landed at the presidential compound recently.

South Korea's Aviation Safety Act prohibits the flight of "unmanned free balloons" without official permission. Operators should not engage in activities such as dropping objects that may harm people or property or flying in controlled airspace.

Unmanned free balloons are gasbags carrying 2 kilograms or more of external cargo.

In response to the police inquiry, the Transport Ministry said the anti-North leaflet carriers could be considered unmanned free balloons if they carry more than 2 kilograms in external cargo.

However, the ministry said that determining whether the weight exceeds the limit was "a matter for police investigation" and that it could not say whether aviation laws were violated without knowing the exact weight of the launched balloons.

In 2020, the Transport Ministry revised the Aviation Safety Act's enforcement guidelines on the size and weight of unmanned free balloons.

"Given the increased risk of objects falling from the air, to ensure safety, we aim to include balloons flying with attached objects into the unmanned free balloon category," the ministry said in the legislative notice at that time, effectively targeting anti-North Korean leaflet balloons.

The Unification Ministry, which oversees matters related to anti-North Korean leaflets, opposes prohibiting South Korean activists from sending anti-North Korean leaflets across the border, citing freedom of expression.

"We are approaching the issue of leaflet launches by considering the Constitutional Court's decision to protect freedom of expression," Unification Ministry spokesperson Koo Byoung-sam said during a regular press briefing on Monday. "We believe the relevant departments will appropriately respond to matters related to the Aviation Safety Act. If necessary, we will coordinate with related agencies in the future."

BY SEO JI-EUN [seo.jieun1@joongang.co.kr]