The government said, “I couldn’t investigate because I only made a statement…Accepting North Korean defectors according to the law”
It turns out that the South Korean government failed to investigate a North Korean soldier who defected after killing two of his superiors during the Lee Myung-bak administration. A high-ranking government official told JTBC reporters, “At the time, all the material evidence was in North Korea, so we couldn’t even start the investigation.”
On October 6, 2012, North Korean soldier A killed the North Korean army platoon commander and squad leader while on guard duty near Paju-si, Gyeonggi-do. Immediately after his death, Mr. A crossed the military demarcation line and crossed over to our military post. Afterwards, the government conducted joint interrogation of Mr. A, and Mr. A defected.
However, it was found that there was no investigation into Mr. A during the defection process. Under the current law, if a crime is committed in North Korea, investigation and trial are possible in South Korea. A high-ranking government official told JTBC, “The crime scene is in North Korea, so there is no evidence.” It is known that Mr. A is currently living a social life after completing his normal education.
According to the Ministry of Unification, 23 North Korean defectors are charged with serious crimes, including murder. However, it was found that many of them were not investigated. A high-ranking government official said, “The investigation is difficult in most cases because it is not possible to convict under the Criminal Procedure Act in a situation where there is only a confession and an independent crime.”
Whether or not to punish North Korean defectors for felony crimes is one of the important issues in the case of repatriating North Korean defectors to North Korea. The former government’s assertion that “the defection was impossible in a situation where the legal punishment for the two North Korean fishermen who killed 16 people is unclear” and the current administration’s claim that “at least in our country, should be tried” are in conflict.
At the time of the Moon Jae-in administration, officials at the Blue House argue, “Are you going to let vicious criminals walk sideways?” “The two people repatriated to North Korea destroyed the evidence enough to paint the ship’s license plate,” he said.
On the other hand, an official from the presidential office insisted, “There is evidence that this case is a ship, so an investigation is possible, but the problem is that it was returned within 5 days.” In particular, he countered, “As two people commit a crime, it is not a single crime, so they are witnesses to each other.”
