ⓒYONHAP News

The presidential office has characterized the repatriation of two North Korean fishermen in 2019 under the previous administration as a crime against humanity, following the release of photos of the repatriation.

In a briefing on Wednesday, presidential spokesperson Kang In-sun said the event depicted in the photos, which show the fishermen from the North struggling against South Korean officials attempting to send them across the border, stands in stark contrast to the Moon Jae-in administration’s claim that the men had no intention of defecting.

She added that the Yoon Suk Yeol government will uncover the whole truth behind the case in order to restore the universal values of freedom and human rights.

The response from the top office follows the release of the photos on Tuesday by the unification ministry showing the hand-over at the border as the South appeared to force the two fishermen back to awaiting troops in the North in 2019.

The unification and justice ministries have admitted that there was no legal basis for the repatriation.

At the time, the Moon government had equated their repatriation to deportation under the Immigration Act. 

The office of Rep. Yoo Sang-bum of the ruling People Power Party(PPP) said on Thursday that the ministries admitted to the illegality of the process involved in the incident.

In a written reply to the PPP lawmaker, the justice ministry said deportation applies to foreigners under the Immigration Act and the law does not apply to North Koreans because they are considered South Korean citizens under the Constitution.

The ministry added that deportation requires an order from the justice minister but the ministry never issued such an order for the North Korean fishermen.

The unification ministry also said North Koreans who express their intent to defect to South Korea are not subject to the Immigration Act. It noted there is no law regarding the deportation of North Korean defectors.

Rep. Yoo criticized the Moon administration for forcibly sending the fishermen back to North Korea against their will, a clear violation of the Constitution and laws, and that it aided and abetted the ministries' grievous breach of the North Koreans' human rights.

Woo Sang-ho, interim leader of the main opposition Democratic Party, on Thursday refuted the ruling party’s accusations that the former Moon Jae-in administration committed crimes against humanity.

On a local radio program, Woo said the accusations by the PPP are politically motivated, as it did not take issue with the deportation at the time.

Woo said that the two sailors were repatriated after the Moon government did not find a genuine intent to defect, noting that they had killed 16 of their fellow crew members before crossing the border.

He also criticized the unification ministry for changing its stance under the Yoon Suk Yeol administration and releasing photos showing the deportation of the two North Koreans through Panmunjeom.

But later on Thursday, the United Nations secretariat department on human rights urged the need to unveil the truth behind the deportation.

The call came from the Office of the UN High Commissioner for Human Rights after Radio Free Asia inquired about the recent acknowledgement of improprieties by Seoul's unification ministry in making the decision.

The UN office added that its special rapporteur on the North's human rights and the UN Human Rights Council broached the issue through special procedures.

In a report to the Council in May 2020, then-special rapporteur Tomas Ojea Quintana expressed grave concerns, stating that the two North Koreans' deportation was conducted without due process.

Quintana was concerned that the sailors would either face forced disappearance, arbitrary execution, torture, abuse or be denied a fair trial in accordance with international standards.

The rapporteur sent a letter to then-President Moon Jae-in, urging Seoul to take corrective steps and to guarantee the men the right to remain in the South should the risk of torture or other forms of abuse exist.

The Moon government, in response, said it had not found a genuine intent to defect to the South on the part of the sailors, who crossed the border after allegedly killing 16 of their fellow crew members.