Revising Humanitarian Law: RFA’s Perspective
- SEOUL, South korea – The South Korean National Assembly Legislative Investigation Office is advocating for renewed discussions on amending laws concerning remittances to North Korean families.
- Last month,the Uijeongbu District court's Goyang Support convicted an individual,identified only as "A," of violating the Foreign Exchange Trade Act for sending money to family members in North...
- Park Jung-oh,CEO of Big Sam,an organization assisting North Korean defectors,emphasized the urgency of the situation."People can't even sell things when they get old.
South Korea Considers Legalizing Remittances to North Korean Families
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SEOUL, South korea – The South Korean National Assembly Legislative Investigation Office is advocating for renewed discussions on amending laws concerning remittances to North Korean families. This comes amid concerns that current regulations may unduly penalize individuals sending humanitarian aid.
Court Case Sparks Debate
Last month,the Uijeongbu District court’s Goyang Support convicted an individual,identified only as “A,” of violating the Foreign Exchange Trade Act for sending money to family members in North Korea. The ruling ignited criticism from within the North Korean defector community, who argue that the law fails to recognize the dire circumstances faced by many North Koreans.
Park Jung-oh,CEO of Big Sam,an organization assisting North Korean defectors,emphasized the urgency of the situation.”People can’t even sell things when they get old. If they are sick, you have to send money to buy medicine. It’s not a country where you can work to survive,” Park saeid.
Lee Young-hyun, the first North Korean defector to become a lawyer in South Korea, echoed this sentiment. “It is a shame that the police are lacking empathy adn are too dignified to accumulate earnings,” Lee stated.
Legislative Investigation Office Report
A report released by Oh Yun-sung, a legislative investigation officer at the National Assembly Legislative Investigation division, addressed the legal complexities surrounding these remittances. The report, dated earlier this month, acknowledges that while current laws may technically classify these actions as illegal, the relatively small amounts of money involved and their intended use for basic living and medical expenses warrant a more nuanced approach.
“In terms of current law, the current laws of North Korean defectors are involved in illegal acts, but the remittances per time are relatively small and the purpose is mainly for living and medical expenses. We need to protect them within the legal border,” Oh stated in the report.
The report suggests exploring ways to protect these humanitarian efforts within a legal framework, given that the remittances are not for commercial gain but intended to provide essential support.
Past Attempts at Legislative Reform
Oh’s report also references a 2012 government initiative to amend the Inter-Korean Exchange Cooperation Act. The proposed amendment aimed to establish systematic management measures for issues related to North Korean refugees.
Specifically,the 2012 amendment sought to provide a legal basis for remittances to North Korean families,requiring approval from the unification Minister for payments made to residents in North Korea.
Concerns About North Korean Oversight
The legislative investigator also raised concerns about the potential for North Korean authorities to intercept or control remittances.Oh suggested that formalizing the process through the South Korean government could provide a more transparent and manageable route, even if it makes it easier for North Korea to track the funds.
“[The] North Korean authorities have recovered the remittance, or have inflowed into authorities. If the South Korean government is managed, the route that North Korea can grasp will be a little easier,” Oh said. “I have published this report that it is necessary to do this, whether it is necessary to discuss these discussions, whether the National Assembly or the Ministry of Unification.”
UN Sanctions and Humanitarian Exemptions
The report also addresses the issue of UN Security Council Resolution No. 2397, which imposes sanctions on North Korea. The legislative investigator suggests exploring the possibility of applying for exemptions on a case-by-case basis for humanitarian remittances.furthermore, the report notes that U.S. sanctions policy allows for the easing of sanctions against North Koreans under certain circumstances, suggesting that remittances should be considered separately from broader sanctions against the North Korean regime.
The investigator further recommended prioritizing humanitarian considerations, such as leniency in prosecution, given the limited nature of these exchanges and the potential risks faced by those involved.
Call for Legal Revision
Experts are increasingly calling for a review of existing laws that lack legal support for remittances to North Korean families.
Peter Ward, a researcher at the Sejong Institute, argued in a recent report that amendments to the Foreign Exchange Transactions Act and the Inter-Korean Exchange cooperation Act are necessary to provide legal protection for these activities.
Ward explained that the Foreign Exchange Transactions Act requires businesses involved in foreign exchange to meet specific criteria and register with the Minister of Strategy and Finance. The inter-Korean Exchange Cooperation Act mandates approval from the Minister of Unification for financial transactions and economic exchanges between the two Koreas.
Ward also highlighted the potential benefits of legalizing remittances, including weakening the economic monopoly of the North Korean authorities, strengthening the independence of North Korean citizens, and fostering a human network that could contribute to political change in the long term.
Reportedly, the ruling party in South Korea is currently considering legislation to legalize remittances to North Korean refugees.
Legalizing Remittances to North Korean Families: A Q&A with Expert Insights
The topic of allowing South Koreans to send money to their families in North Korea is a complex and sensitive issue,steeped in legal nuances,humanitarian considerations,and geopolitical implications. This Q&A delves into the core of this discussion, providing clarity and insights based on recent developments and expert opinions.
What is the current legal situation regarding remittances from south Korea to North Korea?
Currently, sending money to North Korea from South Korea is legally complex. Actions can be classified and treated as illegal under the Foreign Exchange Trade Act. The intent of these restrictions is largely related to the current geopolitical climate and security interests. Tho,there are discussions happening as to the best approach to this.
Why is there a debate about legalizing remittances?
The debate stems from several factors:
- Humanitarian Concerns: Many South Koreans have family members in North Korea who depend on financial support for basic necessities like food and medicine.
- Defector Community’s perspective: Defectors argue that the current laws fail to acknowledge the dire circumstances faced by North Koreans.
- The ’Gray Area’ of the Law:While the Act is on the books, the relatively small amounts sent are usually for humanitarian reasons and that causes a legal dilemma.
What specific legal issues are at play?
The primary legal issues center around two main Acts:
- Foreign Exchange trade Act: This act is the major source of the legal issues, a violation of this is what leads to the penalties.
- Inter-Korean Exchange Cooperation Act: This act would be at play if the legislation goes through.
What are some of the arguments in favor of legalizing remittances?
Supporters of legalization highlight several potential benefits:
- Providing Essential Support: Ensuring that North Korean families receive necessary financial assistance for daily living and medical expenses.
- Weakening North Korean Authorities’ Monopoly: Legalizing can weaken the tight grip the authorities have on the economy.
- Strengthening Independence: Empowering North Korean citizens by providing them with more economic independence.
- Fostering Human Networks: Creating and strengthening connections that could contribute to future political dialog and change.
Are there any legal precedents that would need to be addressed to allow remittances?
Yes. The report cites a 2012 initiative to amend the Inter-Korean Exchange Cooperation Act to provide a legal basis for remittances.This would require approval by the Minister of Unification for all payments. It also mentions in the report UN Security council resolution 2397 and that the report is exploring the possibility of applying for exemptions on a case-by-case basis for humanitarian remittances.
What are the concerns that the government would need to address when legalizing.
A major concern is the potential for North Korean authorities to intercept or control those financial transfers. Formalizing and managing the remittances through the South korean government would allow for better clarity, even it means North Korea can track the funds. This has led to advice in the most recent reports to legalize, allowing the government to manage the logistics and allow the appropriate oversight.
What is the position of the National Assembly on this topic?
The South Korean National Assembly Legislative Inquiry Office is actively discussing amending the laws surrounding remittances,aiming for a more nuanced approach that considers the humanitarian aspects. The ruling party is currently considering some sort of legislation to address this.
What are the potential risks associated with legalizing remittances?
One risk is the potential for North Korean authorities to seize or control the funds. Additionally, formalizing the process could make it easier for North Korea to monitor and possibly exploit these transfers. Though, the report suggest a better way to manage oversight.
Are there any humanitarian exemptions under international sanctions that South Korea could leverage?
The report suggests exploring the possibility of applying for exemptions on a case-by-case basis for humanitarian remittances, citing that U.S. sanctions policy allows for easing against North Koreans.
What impact could this have on North Korean citizens?
Legalizing remittances could significantly improve the lives of North Korean citizens by providing them with access to essential resources, improving their independence, and potentially fostering relationships and networks.
What organizations are involved in helping North Korean defectors and their families?
Organizations mentioned in the article include:
- Big Sam: An organization assisting North Korean defectors.
Who is calling for legal revision and why?
Experts, researchers, and those within the defector community are increasingly advocating for legal reform. they argue that existing laws fail to adequately address the humanitarian needs of North Korean families. One example of it is Peter Ward, a researcher at the Sejong Institute, who is arguing for a change.
What are the next steps?
The ruling party is currently considering this issue, so the next steps will revolve around the debate and the proposals by the legislative body. The legislative investigation is moving forward on their suggestions, as of this moment.
What is the overall goal of this initiative?
The goal of the initiative, and those driving it, is to provide essential aid for the families and those dependent on it. They intend to do that in the hopes that it will allow people to take care of each other and give them hope in a dire situation.
Are remittances the onyl concern of the government?
While remittances is the focus of this articles, there have been other actions, with the main initiative being the amendment in 2012 of the Inter-Korean Exchange Cooperation Act.