A group known as Minbyun (Lawyers for a
Democratic Society) is stirring controversy as it strives to put 12 former
North Korean restaurant employees who escaped from China on the stand in court
to grill them over whether they defected of their volition or were abducted by
the South Korean government. Critics of the group have noted that the efforts
of Minbyun do more to jeopardize the rights of the defectors than protect them
as it claims.
Observers have noted that pushing the
defectors to testify on whether they were abducted by South Korea’s National
Intelligence Service [as asserted by Pyongyang] would put the lives of the
defectors and their families in danger. If the defectors state that they left
of their own will, it would undoubtedly lead to severe repercussions for their
remaining family members in the North. If they instead choose to testify that
they unwillingly came to the South in order to protect their family members,
they place themselves at risk of repatriation to the North.
These defectors therefore face a catch-22
situation if they are made to testify, as there does not exist an outcome in
which either themselves or their families will not face retribution from the North
Korean authorities. In full knowledge of this, Minbyun continues to push for a
court testimony under the guise of ‘protecting their human rights.’ It is
notable that a historical analysis of this lawyers’ group shows that it has not
previously issued a single public statement advocating for North Korean human
rights.
However, Minbyun has in the past stated
that the UN Human Rights Council Resolution on North Korea “should not be used
as a political tool to pressure North Korea” and opposed Seoul’s North Korean
Human Rights Act saying, “From a legal perspective, the assertion that hostile
actions toward North Korea will help improve human rights is an error in logic,
and unacceptable.”
“The
20 to 30 lawyers within the group with staunch pro-North Korean tendencies have
frequently spoken in support of the North on issues such as the National
Security Law and other cases,” Yoo Dong Youl, the head of the Korean Institute
of Liberal Democracy said. He pointed out that Minbyun must “root out the small
number of lawyers” with pro-Pyongyang proclivities in order to “progress as a
force for good that places importance on human rights as a universal value.”
Kang Cheol Hwan, president of the North
Korea Strategy Center, also raised questions about Minbyun’s true motive behind
their recent push. “Seeing as Minbyun has never once come out in support of
North Korean human rights until now, its claim that it is pressuring the
defectors to testify for the sake of their own rights is highly suspicious, to
say the least” Kang said.
“Since
the Kim Dae Jung administration, South Korea has prohibited its own government
agencies from holding news conferences with North Korean defectors due to the
harm that is likely to be inflicted upon their family members and associates
residing in the North,” Kang explained. “Minbyun is blatantly ignoring this
precedent and demanding that the defectors stand in court and explain the
details of how they escaped. This shows a complete disregard for their rights
and should be criticized.”
Kang also pointed out that this incident
has highlighted deep-seated issues present within South Korean politics. Some
lawmakers from the opposition bloc have either sympathized with the Minbyun
drive or deliberately kept their stance unclear, he said, adding, “This is also
a significant issue. Tacit support and even silence from South Korean lawmakers
further encourages Minbyun’s reckless activities.”
Although this incident is bringing serious
issues within South Korean politics into the spotlight, Kang said it has also
created an opportunity to examine the pro-North Korean forces that exist within
the South and more proactively draw out change through policies that will
better protect the North Korean people.
“There is also the possibility that
some of our laws designed to protect the safety of our own people may actually
end up violating the human rights of North Koreans. So we need to carefully
analyze our own measures to ensure such possibilities are avoided,” he noted.
