[Analysis] Inter-Korean relations hinge on sensitive propaganda leaflet issue

Posted on : 2014-10-13 15:57 KST Modified on : 2019-10-19 20:29 KST
After N. Korea shot at a leaflet balloon last week, concerns growing that distribution could provoke a crisis
 near the waters where the Cheonan warship sank
near the waters where the Cheonan warship sank

By Park Byong-su, senior staff writer, and Kim Oi-hyun, staff reporter

Propaganda leaflets are turning into the single biggest issue in inter-Korean relations, after an unprecedented incident on Oct. 10 when North Korea shot down a leaflet balloon near the Military Demarcation Line in Yeoncheon, Gyeonggi Province, prompting the South Korean military to return fire.

Pyongyang also came out on Oct. 12 with a strong denunciation against the launch of the leaflet balloons by private groups, hinting at the possibility that a planned second round of senior-level inter-Korean talks could be canceled.

The newspaper of the Workers‘ Party of (North) Korea, the Rodong Sinmun, printed an article on Oct. 12 denouncing the actions.

“Not only are North-South relations in danger of catastrophe now because of the actions of the puppet thugs, but the planned second round of North-South senior-level talks are as good as dead in the water,” the piece said.

The newspaper went on to suggest something could be salvaged, writing that “the prospects of North-South relations fully depend on the attitude of the South Choson (Korea) authorities.” The message seemed to be that Pyongyang would wait to see Seoul’s attitude on the leaflet distribution issue before making a decision.

The controversy prompted Kim Moo-sung, leader of the ruling Saenuri Party, to call for a moratorium on the leaflets.

“If we are going to suffer as a result, it‘s the South Korean public’s loss,” Kim said at an Oct. 11 meeting with reporters.

“Hopefully, we can broaden exchange, cooperation, and dialogue between South and North in a way that avoids provoking North Korea as much as possible,” he added.

The South Korean government has repeatedly maintained it has no legal grounds for blocking leaflet distribution by private groups, which it regards as “freedom of expression” protected by the constitution. After North Korea shot down the balloon on Oct. 10, Seoul merely asked the group responsible to “make a wise and judicious decision,” while stopping short of a leaflet ban.

Many are now saying this attitude is just a convenient rationale for Seoul to sidestep the issue - one that ignores the sensitive nature of a matter that could easily escalate into inter-Korean hostilities.

“If localized military engagement erupts between South and North, it makes things that much more worrying for parents of sons in the military, and inter-Korean relations will be strained past the point of no return,” said Chung Sung-jang, a senior fellow at the Sejong Institute who advocates restrictions on the leaflets.

“It is also means that the Park Geun-hye administration can‘t go ahead with its ‘Korean Peninsula trust-building process’ or reunions among divided family members,” Chung cautioned.

Also being raised is the question of whether launching the leaflet balloons really is constitutionally protected freedom of expression. The argument is that when South and North Korea are exchanging machine gun fire, the situation may constitute the sort of “clear and present danger” that has been used as a standard for restricting freedom of expression since a 1919 judgment by then US Supreme Court Justice Oliver Wendell Holmes.

“Articles 107 to 109 of the criminal code, which prescribe punishments for insults against foreign heads of state and diplomatic emissaries, may not be something you can apply to the distribution of leaflets,” said Park Kyung-shin, a professor at Korea University Law School. “But the intent is to prevent war and harm to diplomatic relations, so it may be possible to pursue legislation that would block the launches.”

Such a ban by the South Korean government would not be without precedent. During the Lee Myung-bak administration, police blocked off all access to two entrance roads to the Imjingak resort in Oct. 2012 in order to enforce a government measure barring leaflet distribution. As a basis for the decision, the administration cited the possibility of a resident outcry and provocations from North Korea.

The North Korean refugee groups that are leading the distribution efforts argue that the leaflets play a significant role in bringing democracy to North Korea, citing the shock they deliver to the country’s people.

“If you want to know if they work, just ask the refugees,” said Park Sang-hak, president of the group Fighters for Free North Korea - an argument he has repeated several times in the press.

“After all, 25,000 refugees have come here so far,” he added.

Indeed, some observers say the panicked reaction from Pyongyang is itself evidence that the leaflets have an effect.

But many also argue the opposite. One line of reasoning disputes whether North Koreans actually believe the leaflets that they find. Some also hold that residents are unlikely to distribute the leaflets voluntarily out of fear of punishment for what North Korea views as a public security crime. Another argument is that the distribution results in unacceptable opportunity costs for inter-Korean relations.

Please direct questions or comments to [english@hani.co.kr]

 

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