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An ad from the Ministry of Unification

On Aug. 27, the South Korean government released a pre-announcement of legislation of an amendment to the Inter-Korean Exchange and Cooperation Act that would limit justifications for government suspension of inter-Korean economic cooperation projects to “the implementation of treaties and international agreements” and that would explicitly authorize local government bodies to carry out cooperation projects.

“On the 30th anniversary of the enactment of the Inter-Korean Exchange and Cooperation Act, the act needs to be amended in line with the goals of advancing peace and promoting exchange and cooperation by guaranteeing the safety and continuity of exchange and cooperation, expanding the autonomy of the private sector and local government, and strengthening the foundation for carrying out exchange and cooperation,” the Ministry of Unification (MOU) said when it announced the partial revision of the act.

The MOU deferred another planned amendment under which individuals seeking to visit North Korea or meet with North Koreans to discuss cooperation projects would have been allowed to simply report their plans to the government, rather than applying for permission.

During a hearing on May 27, the MOU had said the amendment would eliminate a requirement to inform the government of simple or chance encounters with North Koreans that didn’t involve a trip to the North, such as divided families or defectors contacting or meeting with friends and family from North Korea or scholars and researchers contacting or meeting North Koreans briefly for the purpose of research. But the MOU’s ambitious plan to reorient the law from control to openness has been thwarted, at least for now, by opposition from within the government.

“We took into account the opinion that, as long as North Korea occupies the dual status of being both a partner for dialogue and cooperation and an anti-state organization, that matter needs to be given balanced consideration at the institutional level. We plan to reconsider these matters after watching for changes in the situation, such as the improvement of inter-Korean relations,” the MOU said.

“We hadn’t done enough to gain the consent [of other ministries] inside the government. I hope we’ll be able to speed up the timeframe for implementing the amendments as originally planned,” an MOU official said.

The draft revision says that cooperation projects can only be restricted as part of “implementing treaties and international agreements” and specifies that such restrictions must be “reviewed in a cabinet meeting,” while also paving the way for taking “measures necessary for normalizing business.”

These changes are aimed at forestalling arbitrary administrative actions. After former president Park Geun-hye ordered the complete closure of the Kaesong Industrial Complex in February 2016, the action was criticized as being unconstitutional and illegal.

The draft revision would also specify the reasons for restricting or rejecting approval for visiting North Korea and add a protocol for setting up an office in North Korea for purposes other than business.

By Lee Je-hun, senior staff writer

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