Archive for the ‘South Korea’ Category
DPRK citizens sue for inheritance in ROK (Part 1)
Thursday, August 1st, 2013UPDATE 6 (2013-8-1): The South Korean Supreme Court has recognized for the first time North Koreans as blood relatives of a South Korean family. The court’s decision will allow them to claim their share of their father’s inheritance. According to the New York Times:
A doctor by training, Mr. Yoon left 10 billion won, or $8.9 million, worth of property when he died in 1987.
As his South Korean children moved to inherit the properties, his North Korea-born daughter, now 78, filed a lawsuit in 2009, claiming that they should share the fortune with Mr. Yoon’s children in the North.
She went to extraordinary lengths to win her case. She found a Korean-American who was willing to travel to the isolated North to find, with the help of the North Korean government, her siblings in the North and collect DNA evidence, including hair and fingernail samples, and she also received videotaped statements from them allowing her to represent them in a South Korean court of law.
In a 2011 lower-court ruling, which was formally upheld by the Supreme Court on Wednesday, the North Koreans were recognized as biological children of Mr. Yoon.
The court also recognized the North Koreans’ right to hire a South Korean lawyer and file a lawsuit in the South, as well as their rights to a portion of the inheritance from their father.
Despite the ruling, the North Korean children are unlikely to get their money anytime soon.
In anticipation of the cases like Mr. Yoon’s, South Korea enacted a law last year stipulating that any inheritance money won by North Koreans be kept in the care of a court-appointed custodian and sent to the North only with government permission. With tensions high with the North after its Feb. 12 nuclear test, South Korea keeps tight restrictions on cash transmissions to the North.
But legal experts say that if the North Koreans file another lawsuit claiming that this law violates their rights under the Constitution of South Korea, it can open a whole new legal battle over the ban on cash transmissions.
The South Korean Constitution includes North Korea in the South Korean territory, essentially giving all North Koreans citizenship in South Korea.
There are two other similar cases of which I am aware. See here and here.
UPDATE 5 (2012-12-1): The Hankyoreh fills us in on how the case is proceeding:
Mrs. Yoon, 77, is a native of South Pyongan province in what is today North Korea. During the Korean War, her father took her, his eldest daughter, with him to South Korea, leaving her two brothers and three sisters behind. He went on to remarry and have four more children, two boys and two girls. By the time he passed away in 1997, he had amassed a sizable fortune in real estate and other holdings. But during the registration of the inheritance in 2008, a battle ended up breaking out between Mrs. Yoon and her half-siblings.
She learned from an American missionary that four of her full siblings are still alive in North Korea. She also received a 2010 court ruling confirming that they were the offspring of her father. After filing suit for a portion of the inheritance on their behalf, she finally received a settlement in which they would receive 3.25 billion won (US$3 million) in real estate and cash from their half-siblings.
Mrs. Yoon spent 690 million won (US$637,400) of the money on her litigation, eventually coming away with 2.3 billion won (US$2.12 million) after signing a sales contract in which she sold her real estate to her North Korean siblings for 2.5 billion won (US$2.3 million). She also signed a contract stating that she would lease and hold their real estate until when they could manage it themselves, with the maintenance costs counting as rent.
Last May, the Act on Special Cases Concerning Family Relations and Inheritances Between North and South Koreans went into effect. The act stipulates that North Koreans who acquire South Korean property through inheritance request the court appointment of a property custodian. Mrs. Yoon tried to get appointed as property manager for her siblings in North Korea.
But the court gave the status instead to a non-relative, an attorney identified by the surname Kim.
Park Hee-geun, judge for the 21st family affairs division at Seoul Family Court, ruled on Nov. 30 that it was “proper for the efficient management of the considerable assets acquired by the siblings in North Korea that a neutral attorney be appointed as property manager instead of Mrs. Yoon, who has a conflict of interest.”
A court official said the decision to appoint a neutral party was made because Mrs. Yoon was suspected of spending or concealing part of the inheritance ahead of the law going into effect and before she requested to be appointed property manager.
“This is the first appointment of a property custodian since the law went into effect, and it clearly shows the legitimacy and necessity of the law,” the official added.
UPDATE 4 (2011-7-14): The Choson Ilbo is worried about the legal implications of the finding:
The court order marks the first instance where the inheritance rights of children left behind in North Korea were recognized in South Korea. An estimated 5 million North Koreans came to the South during the Korean War. An organization estimates that some 8.3 million of such people and their children and grandchildren are living here, and their families and descendants left behind in the North are also estimated in the millions. The court order is expected to lead to similar lawsuits against parents or half-siblings living in South Korea. Even the grandchildren of North Korean escapees could sue.
According to South Korean law, the direct descendants of deceased citizens are entitled to inherit their assets. The court order would have to be applied across the board to all children of North Korean escapees still living in the North, and this could trigger chaos and an explosive increase in lawsuits. This raises the question how to deal with inheritance suits filed by North Koreans claiming to be members of a particular clan that also exists in South Korea. In such cases, it would be difficult to verify the accuracy of family registers kept in North Korea and whether to recognize their validity.
The Justice Ministry is working on a law that requires government permission when North Koreans transfer inherited assets from families in the South outside the country and allows the transfer of limited amounts only in certain specified cases, such as paying for medical bills and basic livelihood. But North Koreans could file suits claiming that this regulation infringes their constitutional rights, since the South Korean Constitution applies in principle to all Koreans. The court order raises more questions than it answers.
UPDATE 3 (2011-7-13): It appears as if the North Koreans were granted an undisclosed amount of the estate in mediation. According to the Korea Herald:
Four North Koreans from the same family have come to share assets left by their late father with their half-brothers and sisters in South Korea under mediation by a Seoul court in the first case of its kind.
The North Koreans, surnamed Yoon, had filed a lawsuit against their South Korean stepmother and four half-brothers and sisters in February 2009 demanding they split 10 billion won ($9.35 million) worth of assets left by their father who died in the South.
The Seoul Central District Court on Tuesday said the South Korean family agreed to give part of the disputed real estate from their father to the North Koreans along with some of their inherited assets in cash.
The court did not announce the exact amount of assets owed to the North Koreans, citing an agreement between the two sides not to disclose details of the deal mediated by the court.
Several groups of North Koreans have filed similar lawsuits at South Korean courts as the country’s Constitution considers the entire Korean Peninsula as its national territory. But the group involved in Tuesday’s agreement became the first to win partial ownership of assets left by a relative who defected to the South.
The father, who ran a hospital in North Korea, crossed the border to the South right after the Korean War began in 1950, taking only his eldest daughter with him. He had four other children with his South Korean wife and died in 1987.
The eldest daughter later found her North Korean family with the help of an American missionary who traveled between the two Koreas. The family sent letters of attorney, videotapes with their images and hair samples to the sister in the South via the missionary. Based on the materials, the North Koreans filed two lawsuits with South Korean courts ― one asking for a split of the father’s leftover assets and the other seeking court confirmation of their biological relationship with the father.
Last year, the Seoul Family Court acknowledged the blood relationship between the four North Koreans and the deceased, citing DNA test results. But the South Korean family appealed the decision.
The North Koreans are thought to have delegated the authority to manage the real estate and money from their father to their eldest biological sister in the South.
The North Koreans’ lawyer Bae Geum-ja confirmed that there will be no cross-border transmission of the assets.
To cope with possible property disputes between South and North Koreans, Seoul’s Justice Ministry said it plans to legislate a law restricting North Koreans from taking their share of inherited assets out of the South even if they are granted ownership.
Read previous posts on this story below:
Inter-Korean trade dries up in May
Monday, June 24th, 2013According to Yonhap (via Global Post):
Trade between South and North Korea came to virtually zero in May after inter-Korean tensions led to the shutdown of the Kaesong Industrial Complex seen as the last symbol of bilateral economic cooperation, the government said Monday.
The volume of inter-Korean trade reached only US$320,000 last month, which accounts for just over 1 percent of the $23.4 million recorded in April, according to the Unification Ministry, which handles inter-Korean affairs.
The majority of the May trade represents electricity costs the South spent to maintain the plant facilities in the factory park in the North Korean border city of Kaesong, according to the ministry. The South exported about $260,000 worth of electricity while importing $60,000 worth of periodicals from the North last month, the ministry said.
Inter-Korean exchange came to an abrupt halt in mid-April as the North withdrew North Korean workers employed by South Korean firms in the Kaesong industrial zone in protest against South Korea’s joint military drills with the U.S. in March.
The joint factory park made up almost all of the inter-Korean trade as chilly relations cut off other exchanges.
The number of cross-border trips permitted during May came to only seven, the ministry said, adding that they were the last batch of the seven South Korean workers who returned to the South after the closing of the Kaesong complex.
As inter-Korean relations remain frosty, the hiatus in inter-Korean trade is expected to continue, analysts said.
Read the full story here:
Inter-Korean trade comes to almost naught in May
Yonhap (via Global Post)
2013-6-24
Recommendations of President Park´s transition team related to unification
Sunday, June 16th, 2013The English language PDF is here.
Translation courtesy of Lee Kyungmin, currently working at Hanns-Seidel-Foundation Korea.
Inter-Korean trade hits record high in 2012
Saturday, February 9th, 2013According to Yonhap:
Despite rising cross-border tension, the trade between South and North Korea reached a record high last year, government data showed Saturday.
The volume of trade between the two Koreas reached US$1.97 billion in 2012, inching up from the previous record of $1.91 billion in 2010, according to the data by the Korea Customs Service.
South Korean products worth $896.26 million were shipped to North Korea, up 13.4 percent from the previous year.
The amount of products that came here from the North jumped 19.3 percent on-year to $1.07 billion, according to the data.
A total of 99 percent of the volume was shipped through a land route linked to the inter-Korean industrial complex in the North’s border town of Kaesong.
Read the full story here:
Inter-Korean trade hits record high in 2012
Yonhap
2013-2-9
Lee Myung-bak administration sets the lowest record for assistance to North Korea
Thursday, January 31st, 2013Institute for Far Eastern studies (IFES)
2013-1-31
The total amount of assistance provided to North Korea by the South Korean government and private organizations in 2012 decreased by 28 percent against 2011, which marks six years of continuous decline.
The Ministry of Unification revealed on January 27 that the total amount of South Korean assistance to North Korea tallied 14.1 billion KRW (13 million USD), with 2.3 billion KRW (2.12 million USD) of government aid for vaccines and medical trainings and 11.8 billion KRW (10.89 million USD) from the private sector for medical supplies. This is a 28.1 percent drop from the previous year’s total of 1.96 billion KRW (18.09 million USD).
The South Korean government sent about 6.5 billion KRW (6 million USD) of medical supplies to North Korea via UNICEF and the private sector sent about 13.1 billion KRW (12.1 million USD) of malaria prevention supplies, powdered milk, soy milk, and flour.
Last year was the lowest record for humanitarian assistance to North Korea in sixteen years. Prior to this low was 1996, which recorded 3.6 billion KRW (3.3 million USD).
Lee Myung-bak administration’s aid to North Korea for the last five years reached a total of 257.5 billion KRW (236.2 million USD), with 102.4 billion KRW (93.94 million USD) in government funds and 155.1 billion KRW (142.3 million USD) from the private sector. This is equal to only 20 percent of the Roh Moo-hyun administration’s 1.275 trillion KRW (1.17 billion USD), and 44 percent of the Kim Dae-jung administration’s 582.9 billion KRW (534.8 million USD) of total aid to North Korea.
The highest record for South Korean humanitarian aid to North Korea was in 2006 at 298 billion KRW (273.4 million USD), in both government and private sector aid and continued to remain at a high level in 2007 with 289 billion KRW (265.1 million USD) in 2007. However, with the launch of the Lee Myung-bak government in 2008, it dropped to 116 billion KRW (106 million USD), and continued the downward slide recording 67.1 billion KRW (61.6 million USD) in 2009; 40.4 billion KRW (37.06 million USD) in 2010; 19.1 billion KRW in 2011 (17.5 million USD); and 14.1 billion KRW (12.9 million USD) in 2012.
The source of the drop in humanitarian assistance can be attributed to deadlocked inter-Korean relations followed by the shooting death of a Mount Kumgang tourist in 2008; long-range rocket launch and second nuclear test in 2009; and Cheonan and Yeonpyeong Island incidents in 2010.
From 1995 to 2012, the total amount of humanitarian aid to North Korea from the South Korean government was 1.48 trillion KRW (1.36 billion USD) and from the private sector was 871 billion KRW (799.1 million USD), equating to about 2.347 trillion KRW (2.15 billion USD) in total.
Meanwhile, international humanitarian aid to North Korea increased 30 percent in 2012 against the previous year. According to the United Nation’s Office for the Coordination of Humanitarian Affairs (OCHA), total aid to North Korea in 2012 was 113 million USD while the previous year reached 89.2 million USD. It quadrupled to the total amount, 24.4 million USD of 2010.
Nineteen countries joined in the effort to provide humanitarian aid to North Korea such as South Korea, Norway, Switzerland, Canada, Russia, Brazil, and Sweden. In 2010, there were only six countries, and it later increased to seventeen countries in 2011. The OCHA announced that the humanitarian aid provided in 2012 focused mainly on improving the food supply and nutrition, and provided agricultural support.
UPDATE: Here is a similar report in Yonhap (2013-1-27):
South Korea’s humanitarian aid to North Korea dropped 28 percent to a record 16-year low last year, the unification ministry said Sunday, as the cross-border relations remained chilled under Seoul’s outgoing government of President Lee Myung-bak.
Seoul’s humanitarian aid to the impoverished North totaled 14.1 billion won (US$13.1 million), compared with 19.6 billion won a year earlier. Last year’s amount is the lowest since 1996 when only 3.6 billion won was provided to the North in humanitarian aid.
The sharp drop came as relations between the two Koreas remained frozen since the North sank a South Korean warship near their Yellow Sea border in March 2010 and then shelled a border island in November that year. Pyongyang’s nuclear test and rocket launches also affected their ties.
The total amount of assistance the South provided the North during the five years of President Lee was 257.5 billion won, including 155.1 billion won of civilian aid. The total amount is only 20 percent of the aid sent during the presidency of Lee’s predecessor, the former late President Roh Moo-hyun.
ROK arrests 25 DPRK spies in last five years
Sunday, January 27th, 2013According to the Korea Herald (Yonhap):
More than two dozen North Korean spies have been arrested in the past five years of South Korea’s outgoing government of President Lee Myung-bak, officials said Sunday, a nearly 40 percent rise from the previous administration.
A total of 25 spies have been arrested in South Korea since the Lee government was launched in early 2008, officials said. That represented a 39 percent increase from 18 spies caught in the previous government of President Roh Moo-hyun.
By year, two of the 25 were caught in 2009, 10 in 2010, five in 2011, and eight between 2012 and January this year. In particular, 14 of the spies came to South Korea posing as defectors, officials said.
Last week, intelligence sources said they arrested an official of the Seoul city government for spying charges. The 33-year-old came to South Korea in 2004, disguising himself as a North Korean defector. In 2011, he was hired by the Seoul city government as a two-year contract official.
Yoo’s job at the city government was helping North Korean defectors, and he has been charged with passing to Pyongyang sensitive information about thousands of North Korean defectors living in Seoul.
Read the full story here:
25 N. Korean spies arrested in past 5 years
Korean Herald (Yonahp)
2013-1-27
A review of the last five years of people-to-people exchanges and inter-Korean economic cooperation under the Lee Myung-bak government
Wednesday, January 23rd, 2013Institute for Far Eastern Studies (IFES)
2013-1-23
The Ministry of Unification’s recent monthly report on ‘Trends on Inter-Korean Exchanges” included an examination of the last five years of the Lee Myung-bak administration’s (January 2008 to November 2012) people-to-people exchanges and economic cooperation between North and South Korea.
Over the past five years, total inter-Korean trade reached 8.94 billion USD, a growth of 58 percent against the previous Roh Moo-hyun administration’s 5.62 billion USD. This increase can be attributed to the steady growth of the Kaesong Industrial Complex (KIC). The KIC recorded a total trade volume of 6.695 billion USD under the incumbent administration, which is nearly a seven-fold increase compared to the previous Roh administration’s record of 957 million USD. Considering its importance, the KIC was exempt from South Korea’s May 24 (2010) sanctions imposed against the North.
During the Lee government, 108 companies were authorized for inter-Korean cooperation projects (including the Kaesong Industrial Complex). This represents a drastic drop from the previous government’s 370 companies. Under Lee, the number of cultural exchanges and related businesses that were approved were a mere 5, compared to the former administration’s record of 121.
Combined government and private sector assistance to North Korea totaled 256.3 billion KRW, only one fifth of what was recorded during the Roh administration (i.e., 1.27 trillion KRW). While the current government had more private sector support, the previous government showed more government support.
Over the 5 years of the Lee Myung-bak administration, 664,000 people traveled across the North-South border, which is significantly higher than the number (i.e., 390,002 people) recorded during the Roh administration. However, the majority were government officials, mainly those involved with the KIC.
The number of North Korean defectors that entered South Korea during the Lee administration’s term in office was 724 people, a significant drop from the 4,571 people during the 5-year term of the previous administration. Last year, no defectors entered South Korea — the first “zero-entry” in 14 years (that is, since 1998.
In terms of cross-border vehicle traffic, vehicles traveled across the border 840,009 times, an increase from the previous administration’s 490,000 visits. However, the quantity of goods transported dropped 40 percent from the previous, at 1.39 million tons.
In particular, after the ROKS Cheonan incident on March 2010, people-to-people exchanges and economic cooperation were completely halted due to the May 24 (2010) measures. The amount of goods transported was also largely reduced.
As far as cross-border rail is concerned, the Gyeongui Line (connecting South Korea to the KIC) and the Donghae Line (connecting the South to Mount Kumgang) were actively utilized during the Roh administration; but under the incumbent administration, only the Gyeongui Line was utilized.
During the Roh administration, the air traffic recorded 589 trips (42,495 people), but during the Lee government reached only 77 (3,812 people).
The number of separated families members reunited during the last five years was 1,774 (888 people in 2009 and 886 people in 2010). This is only a tenth of the 14,600 family members reunited during the former Roh Moo-hyun government.
Pyongyang awards “citizenship” to Korean-American
Tuesday, January 22nd, 2013UPDATE 1: Hat tip to a reader in the commentsection…Mr. Park was given honorary citizenship to the city of Pyongyang, not to the DPRK. This is the DPRK equivalent of getting the “key to the city”.
ORIGINAL POST: Here is the certificate of authenticity (as reported by Yonhap):
This award was given to the head of Pyonghwa Motors (now for sale).
Here is more information from Yonhap:
The head of inter-Korean automaker Pyeonghwa Motors said Tuesday that he was made an honorary citizen of Pyongyang late last year to reflect his contribution to North Korea’s development.
In an interview with Yonhap News Agency, Park Sang-kwon said he received the citizenship at the Mansudae Assembly Hall in the North Korean capital on Dec. 18.
Park has led the carmaker that started off as a joint venture between South Korea’s Tongil Group, run by the Unification Church, and North Korea. Production began in 2002, with the company producing about 2,000 vehicles every year.
He said his citizenship has a serial number of 002 and has an inscription saying that the honor is being bestowed because of his contribution to the fatherland and the Korean people. He is the first foreign national to have received the honor under the communist country’s new leader Kim Jong-un.
Kim Chin-kyung, the Korean-American president of Pyongyang University of Science and Technology was the first to receive an honorary citizenship in Aug. 2011 by late North Korean leader Kim Jong-il.
“The reason why they gave me the citizenship reflects recognition for the trust I have shown them and may be a sign that they want me to more freely engage in business activities,” he said. Park claimed that the citizenship can be seen as a sign that the North will allow him to start a new business in the country.
He then said that the reason why Tongil decided to turn over management of the carmaker last November was so it could focus on a wholly-owned business operation in the country. Last year, the business group created by late Rev. Moon Sun-myung also agreed to hand over control of the Pothonggang Hotel in Pyongyang.
The executive said he had asked the North to approve such a step.
“Pyeonghwa Motors has been generating profit for the past five years,” Park said. The businessman said that in the future, he wants to engage in the distribution of household necessities in North Korea, and in particular to Pyongyang.
He said there is a need to show that a wholly-owned (outside-invested) company that is not tied to a joint venture project with a North Korean partner can succeed in the country, which can act as an incentive for other foreign companies to invest.
He pointed out that Chinese companies that invested in the North are generally those that have not done well at home. He said that successful South Korean, Japanese and U.S. companies need to engage in business activities in the North.
“If 200 competitive South Korean companies operate in the North, there would be no reason for inter-Korean tensions, and it can actually help push forward the unification process,” he said.
Park, meanwhile, said the North is looking into the option of developing a ski resort near the 768 meter high Masik pass near the city of Wonsan on the east coast.
He said that United Front Department of the ruling Workers’ Party of Korea mentioned the development plan in December and claimed that North Korean leader Kim Jong-un gave the order personally. Kim has been running the country since the sudden death of his father Kim Jong-il in Dec. 2011.
“The North seems to want to develop a small ski resort first and build this up depending on demand,” he said.
The businessman added that Pyongyang wanted to transform Wonsan into a special tourist zone and is interested in using a military airfield near the city to accept civilian flights carrying tourists. Wonsan is famous for its beaches and if a ski resort is opened on Masik pass, it could attract tourists year round.
Park claimed Kim Jong-un has gained confidence in managing the country in the last year and may move to increase investments into the tourism sector.
Déjà vu all over again: Christmas tree edition
Monday, December 24th, 2012In 2010 a South Korean church lit a Christmas Tree on a hill overlooking the Han River and within view of Kaesong, DPRK.
In 2011, the South Koreans planned to do the same. However, this time around, the death of Kim Jong-il prompted the South Koreans to avoid ruffling the feathers of the DPRK. The tree lighting was canceled.
Now for 2012. With the Kim Jong-un era thoroughly underway, the South Koreans decided that this year they should return to the tradition of lighting a Christmas Tree for their brothers and sisters in the DPRK. According to the Wall Street Journal, the tree was lit on December 22 (Saturday).
The North Koreans are not happy about this…if we are to judge from their official publications KCNA and Rodong Sinmun. I would normally take the time to link to all KCNA and Rodong Sinmun materials, but since I am behind on blogging, I will just link to this post in the Wall Street Journal article which carries the relevant texts.


