One of the important issues is whether the two defector fishermen were able to prove and punish the charges in Korea. As a result of JTBC coverage, it was determined that during the Lee Myung-bak administration, a North Korean soldier suspected of murder had defected. There was no investigation at the time, and this soldier entered the country without legal punishment.
Correspondent Pil-Jun Kim.
[기자]
On October 6, 2012, six gunshots were fired at the Military Demarcation Line near Paju, Gyeonggi-do.
A North Korean soldier, A, escaped North Korea after killing two of his superiors.
[이붕우/당시 합참 공보실장 (2012년 10월) : 우리 군 경비병들이 도로를 뛰어오는 북한군을 발견하고 확성기로 귀순 의사를 확인…]
The government conducted joint interrogation of Mr. A and accepted the defection.
However, it was found that there was no investigation into the criminal allegations during this process.
A high-ranking government official said in a telephone conversation with JTBC, “The crime scene is in North Korea, so there is no evidence.”
According to the Constitution, North Korean defectors are also Korean citizens, so they can defect regardless of whether they committed a crime or not.
According to the Ministry of Unification, 23 North Koreans who have been admitted to defection are charged with serious crimes, including murder.
However, it has been found that many of them have not even been investigated in Korea.
A high-ranking government official explained, “It is difficult for most investigations to be conducted because it is not possible to convict under the Criminal Procedure Act in a situation where there is only a confession and a single crime.”
However, all 23 people were excluded from government protection and did not receive support such as settlement money.
At the time of the Moon Jae-in administration, Blue House officials cited the difficulty in legally punishing North Korean defectors for felony crimes as the basis for their repatriation.
[윤건영/더불어민주당 의원 (지난 14일 / TBS 라디오 ‘김어준의 뉴스공장’) : (탈북 어민 2명은) 사법적으로 처벌 가능성이 굉장히 낮습니다. (이들이) 버젓이 활보하게 될 경우에 대한민국 국민의 인권은 누가 보호할 건지…]
On the other hand, the government and the ruling party refute that there is evidence that it was a ship, and that they were able to secure a statement as it was not an independent crime.
[허은아/국민의힘 의원 : 대한민국 국민은 모두 재판을 받을 권리가 있습니다. 탈북 어민들이 스스로 범죄를 자백했다고 하더라도 (정부가) 재판을 받을 권리를 설명했어야 합니다.]
The interrogation process for North Korean defectors usually takes several months, but it is also pointed out that it is unusual for a decision to be repatriated in five days at that time.
(Video design: Kim Hyun-joo, Cho Young-ik)
