Seoul's confusing love-in with
Pyongyang By David
Scofield
It's been confusing times recently for
North Korea's supporters and alleged collaborators in
South Korea, a relatively new democracy that has
launched a virtual political love-in with Pyongyang,
turning a blind eye to its widespread repression and
human-rights abuses. Some critics of the North, such as
those who try to run an anti-Pyongyang radio station,
Free North Korea, have been harassed - FNK may even be
forced off the air. And yet a pro-Pyongyang professor
languishes in jail - and his sentence soon may be
increased for his refusal to denounce the North.
First, on July 1, the Presidential Truth
Commission on Suspicious Deaths proclaimed that three
North Korean spies who died 30 years ago in South Korean
custody were actually "martyrs" in Korea's fledgling
democracy movement. Then a day later, the state
prosecutor's office announced it would seek to increase
the seven-year sentence of German-Korean Professor Song
Du-yul, another North Korean supporter, to 15 years for
his refusal to renounce involvement in activities in
"praise and support" of North Korea's leadership. The
Truth Commission has little genuine interest in the
plight of Song now, but 30 years after his death he too
may be retrospectively labeled a "martyr" in modern
South Korea's struggle to realize democracy.
Song Du-yul, like the North Korean spies of
1970, has been imprisoned under anti-subversion,
anti-communist legislation that since 1991 has been
called the National Security Law (NSL).
The NSL
was designed to "suppress anti-state acts that endanger
national security". There is no direct reference to
North Korea, but Article 1 of that country's
constitution states, "The Democratic People's Republic
of Korea is an independent socialist state representing
the interests of all the Korean people." This strongly
suggests that the Pyongyang government is the only
legitimate government on the Korean Peninsula and, as
such, has earned the title "anti-state" by South Korean
authorities.
Professor Song, who returned to
South Korea last September 22 at the urging of the Korea
Democracy Foundation, was detained by authorities upon
arrival at Incheon airport for his "anti-State"
activities. Song, a naturalized German citizen, had been
convicted by a Seoul court on March 30, 2003, of joining
the (North) Korean Workers Party, accepting money from
that "anti-state" organization and planning meetings
with the same group - offenses still punishable by death
in South Korea.
Song knew there was a high
likelihood he would be arrested upon his return, but the
presidential election of Roh Moo-hyun, the self-styled
defender of human rights and ardent advocate of
democracy, prompted Song and the Korea Democracy
Foundation to challenge the anachronistic law on
"anti-state" activities, a decision that Song is paying
for with his freedom.
Song is currently in
prison awaiting a ruling on the appeal of charges
against him, but he is not the only party appealing. The
state prosecutor has said the court erred in not finding
Song guilty of planning academic meetings in North Korea
and it is appealing the sentence, demanding that Song
serve a minimum 15 years for his actions and beliefs.
Of course, while Song cools his heels in
detention, potentially for the next 15 years, the South
Korean government is fully committed to supporting all
manner of rapprochement with the "anti-state" government
of North Korea. The current administration, like the
preceding one under former president Kim Dae-jung, has
made reconciliation with North Korea the top priority.
South Korea has played host to innumerable events and
festivals in celebration of intra-Korean friendship.
Most recently Workers Party members from North Korea,
"praisers" of the "anti-state North", celebrated with
South Koreans at Munhak Stadium in the port city of
Incheon in recognition of the four-year anniversary of
the North-South summit of June 15, 2000. Not even the
arrival of outspoken human-rights activist Norbert
Vollersten, displaying photos of the malnourished and
starving people in North Korea, could dampen the mood at
the intra-Korean love-in.
Explicit articles
within the National Security Law notwithstanding, South
Korea's rapprochement polices, focused as they are on
financial incentives, are illegal and punishable by
prison sentences ranging from a year in prison to death,
a reading of the document shows.
Intra-Korean
cultural festivals and sports meets have become
convenient channels for government-sanctioned cash
payoffs to North Korea, an offense punishable by seven
years in jail. The fourth anniversary of the
now-infamous North-South Summit that was celebrated in
Incheon last month in itself was a product of a widely
reported US$500 million payoff to North Korean leader
Kim-Jong-il. The North Korean cultural ambassadors and
athletes who have come to South Korea since the summit
have left with bags far heavier than when they arrived,
as the goodwill of North Korea comes with a high price.
Indeed, during the Peace Festival on the South Korean
island of Cheju last year, North Korean participants
refused to board their plane, already loaded down with
new appliances from South Korea, as they said the money
being sent to the "Dear Leader" was simply not enough,
according to reports. The group demanded, and eventually
got, an additional $1 million for Kim, it was reported.
Concerning the "cash for summit" scandal, as it
was called in South Korea, former president Kim Dae-jung
acknowledged that $100 million went to North Korea,
while reports at the time put the amount at $500
million. Many speculated, however, that the real figure
was closer to $1 billion. There was a trial and many of
Kim Dae-jung's underlings were convicted of the payoff,
but all received light, suspended sentences, since the
crime was committed with the motive of reunification, or
so thought the judge.
During the past year, the
South Korean government has become increasingly savvy in
finding ways to channel cash to North Korea. The
much-heralded Gaesung Industrial Complex appears set to
become another conduit for cash to North Korea. Since
its inception, those involved with the project have
expressed doubt about the viability of the project. The
lack of any adherence to market principles - combined
with the North Koreans' strong adherence to the
pan-Korean practice of making deals and promises only to
change agreements unilaterally later as it suits them -
make the prospects of profit from the zone, even when
the North Korean workers will be paid less than $2 a
day, a very remote possibility. Undaunted, the
government of South Korea has pledged that any losses
incurred by Southern companies will be absorbed by
Seoul. The message is clear: you invest the money, we
will reimburse you.
So why is Song in jail?
The National Security Law represents to
conservatives in South Korea the last line of defense,
thwarting ideological invasion from North to South, and
it would a mistake to assume that the leftist, pro-North
rhetoric so often articulated by those in the Blue House
is representative of all government organs, especially
those conservative bureaucrats involved in state
security. For incumbent administrations, the law's
vaguely written articles allow the prosecution of, and
the government maximum leeway in interpreting,
"anti-state" violations, so that the law becomes a very
powerful tool of internal control, and further insurance
that all dealings with North Korea will be channeled
through the government.
South Korea's use of the
NSL to muzzle and imprison ideological supporters of
Pyongyang, and not those simply committed to policies of
rapprochement through financial appeasement, calls into
question the liberal democracy that South Korea purports
to be. True reconciliation and rapprochement should be a
product of free information and open discussion.
Information empowers individuals and changes societies,
as the leadership in North Korea is well aware; they
maintain unprecedented control over information within
the country, a key to the regime's survival
But
South Korea, with its liberal democratic institutions,
should be establishing itself as an example to its
brethren to the north. Let the people of South Korea
freely speak, disagree, and debate their beliefs and
convictions. The maintenance of the NSL and the
imprisonment of Song give the impression that South
Korea is not sure of its democracy or democratic
principles, fearing plurality and discord, and opting
for suppression rather than discussion and debate.
David Scofield, former lecturer at the
Graduate Institute of Peace Studies, Kyung Hee
University, is currently conducting post-graduate
research at the School of East Asian Studies, University
of Sheffield, United Kingdom.
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