“The ‘Escapers’ are Legally South Korean Citizens. Limit of Consultation Not Permitted.” Also intending to proceed the Personal Protective Equipment System
| 현장언론 민플러스가 국내 주요 현안을 다룬 기사를 영문 번역해 게재하기로 했다. 민플러스 기사 영문 번역 서비스는 국내 현안에 대한 국제사회의 관심을 환기하기 위한 것인 만큼 해외에 거주하고 있는 독자 여러분의 많은 관심과 공유 부탁드린다.[편집자] |
The Lawyers for Democratic Society prepare Administrative Litigation: “The ‘Escapers’ are Legally South Korean Citizens. Limit of Consultation Not Permitted.” Also intending to proceed the Personal Protective Equipment System
Members of the Lawyers for Democratic Society have decided to start legal actions such as filing for an administrative litigation against the authorities’ decision of rejecting their request for a consultation of the 12 North Korean overseas restaurant employees who entered South Korea last month. The lawyers also have decided to claim for their personal protective equipment system upon the entrustment of their families in North Korea.
Jang Gyung Wook and other 10 members of the Lawyers for Democratic Society had a press conference before the Center for Those Who Escaped North Korea (former Central Hapdong Interrogation Center: run by the National Intelligence Service: the NIS) on the 16th in the afternoon. Prior to this, on the 13th, they had submitted a written request for an urgent consultation, but the NIS rejected it on the 16th in the morning.
The lawyers again requested for the consultation upon the press conference this day, but the NIS rejected it again. The NIS reasoned, “The 12 North Korean restaurant employees are the escapers who have asked for protection upon their free will. Therefore, they are not subject to lawyers’ consultation such as refugees or criminal suspects.”
Yet the Lawyers for Democratic Society refuted the NIS’ rejecting their request for a consultation, insisting there is no legal basis for the NIS rejection because, “People of North Korea are to be considered citizens of South Korea upon the (South Korean) Constitution which states the Korean territory as the area including the Korean Peninsula and the belonging islands. Therefore, they of course do have the right to receive help from lawyers regardless of that they are criminal suspects or not.”
The lawyers also insisted, “If the authorities are not to admit their Korean citizenship, they are to be considered refugees, and in this case also they have the right to get help from lawyers upon the Refugee Act article 11. The NIS may not arbitrarily judge yes or no on the permission of their consultation.”
Not just rejecting their consultation, the NIS did also refuse to let things like letter paper and diary get to the North Korean employees. In addition, the NIS also refused to offer any information at all on whether ‘the escapers’ are still at the Center for Those Who Escaped North Korea, whether they are aware that the lawyers have asked a consultation for them and want to meet the lawyers, and so on.
Upon the NIS’ rejection and all, the Lawyers for Democratic Society declared that they “will cope with the situation through legal actions such as filing for an administrative litigation.” The lawyers also said that they would claim for the escapers’ personal protective equipment system if their families in North Korea entrust them with the claim.
The Korean domestic law includes the procedure of judicial relief from custody through the Protection of Personal Liberty Act for cases where citizens are unlawfully constrained the freedom of their bodies. Those who have the right to request for the judicial relief are the ones directly involved, their lineal relatives by blood, their spouses, brothers and sisters, their employers and some others.
The Lawyers for Democratic Society explained, “The request for judicial relief does not have to be written. If the families in North Korea present their intention to designate lawyers their legal representatives for those confined (the North Korean restaurant employees), calling the lawyers’ legal names, the lawyers can proceed the judicial relief procedure.”
The lawyers who requested the consultation this day are Jang Gyung Wook, Lee Jae Wha, Cheon Nak Bung, Gwon Jung Ho, Oh Min Ae, Kim Ja Yun, Kim Yong Min, Shin Yoon Gyung, Seol Chang Il, and Chae Hee Joon.
by Heo Sooyoung heoswim@naver.com
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