The Constitutional Court of South Korea has overturned the North Korea Leaflet Ban Act, a law prohibiting the distribution of leaflets in North Korea. The court’s decision was released via a press statement, bringing to culmination the efforts of South Korean organizations and North Korean defectors who filed a constitutional petition in December 2020 claiming the law infringed upon fundamental freedoms.
This Law on the Development of Inter-Korean Relations, enacted in December 2020, penalized violators distributing the “banned” leaflets or causing harm through such actions with up to three years of imprisonment or fines of up to 30 million won.
The majority of the seven judges sided with the petitioners, stating that the North Korea Leaflet Ban Act broadly restricted freedom of speech, employed state punishment and held those distributing leaflets responsible for any potential provocations from North Korea. Drawing on the nation’s strict control over information flow and its dissemination, they highlighted that the law unfairly targeted the content of these forms of expressions.
Two dissenting judges, on the other hand, argued that the law merely limited the manner (but not the content) in which opinions are expressed and proposed less restrictive alternatives such as press conferences or meetings with North Korean defectors. They further questioned the feasibility of such alternatives considering the objective of safeguarding the lives and safety of border area residents.
Following the court’s historic move, the provisions concerning the prohibition and punishment for leaflet distribution in North Korea have been immediately revoked. Despite this, some organizations have expressed their disagreement, holding a separate press conference wherein they argued that the court’s decision could lead to a deterioration of inter-Korean relations and pose security risks for residents in the border area.
To read more about this case, head to the JURIST – News.