Court rules against pro-unification group member's request to contact North Koreans

A South Korean court recently ruled against a man who challenged the Ministry of Unification's refusal to approve his request to contact North Korean residents, citing the current state of inter-Korean relations.

The Ministry of Unification offices within the government complex in Jongno District, central Seoul, are seen on July 28, 2023. [NEWS1]

A South Korean court recently ruled against a man who challenged the Ministry of Unification's refusal to approve his request to contact North Korean residents, upholding the government’s decision as legitimate given the current state of inter-Korean relations.

The Seoul Administrative Court dismissed a lawsuit filed by a member of the South Korean branch of the June 15 Joint Declaration Implementation Committee — a civic group engaging in pro-unification efforts — who sought to overturn the Unification Ministry’s rejection of his request to engage in correspondence with two individuals affiliated with the committee’s Japan chapter.

The member had submitted the request on Aug. 21, 2023, in accordance with the Inter-Korean Exchange and Cooperation Act. However, on Sept. 6, the ministry denied the request, citing the “current state of inter-Korean relations and consultations with related agencies.”

Under the Act, the unification minister may reject contact requests only if there is a “clear concern” that such interaction could undermine inter-Korean cooperation or jeopardize national security, public order or public interest.

The committee member argued that the ministry did not specify a legally valid reason for the rejection and that the decision contradicted the law’s intent to facilitate exchange. He claimed the refusal was arbitrary and lacked proper justification.

However, the court sided with the ministry, stating that “after the launch of the Yoon Suk Yeol administration, North Korea intensified its hostile policies, including nuclear and weapons of mass destruction development, worsening inter-Korean relations and increasing risks to national security and public safety.”

“The UN Security Council held a meeting in June 2023 on North Korea’s satellite launch and the joint statement condemning North Korea’s nuclear missiles by 74 countries, including South Korea, at an August Nuclear Nonproliferation Treaty preparatory meeting in Austria was also announced,” the court added.

The Seoul Administrative Court in Seocho District, southern Seoul, is seen on Nov. 30, 2020. [YONHAP]

The court concluded that the ministry had fulfilled its procedural obligations under the Administrative Procedures Act by citing “the current state of inter-Korean relations” in its rejection notice.

Additionally, the court noted that a former executive of the organization had been convicted of violating the National Security Act, and that the Japan chapter the member sought to contact was affiliated with the General Association of Korean Residents in Japan known as Chongryon, which is aligned with North Korea’s political line.

The court determined that the member’s proposed contact posed a “clear concern of undermining inter-Korean cooperation under the law.”

Notably, the member had also been fined 1.5 million won ($1,076) in the past for violating conditions imposed during previous contact with North Korean residents between 2022 to 2023.

Translated from the JoongAng Ilbo using generative AI and edited by Korea JoongAng Daily staff. BY SUK GYEONG-MIN [lim.jeongwon@joongang.co.kr]