Forced repatriation of North Korean fishermen: suspended sentences for Chung Eui-yong, Seo Hoon in first trial

Former security officials from the Moon Jae-in administration have received suspended prison sentences in connection with the forced repatriation of North Korean defector fishermen, a case that sparked significant human rights concerns.

On the 19th, Seoul Central District Court’s Criminal Division 21, led by Chief Judge Heo Gyeong-moo, suspended a 10‑month sentence for former National Security Office chief Chung Eui-yong and former National Intelligence Service director Seo Hoon on charges including violations of the National Intelligence Service Act. Former Presidential secretary Noh Young-min and former unification minister Kim Yeon-cheol were given six-month suspended sentences. A suspended sentence means that although the conviction is upheld, the imposition of the sentence is deferred—if no further offenses occur within two years, the sentence becomes null.

The defendants were indicted without detention in February 2023 for ordering the forced repatriation of two defector fishermen in November 2019. The fishermen, who had expressed their intention to defect despite allegations that they killed 16 fellow seamen, were repatriated on the grounds that, having committed a serious nonpolitical crime, they were not entitled to protection. The court criticized the rapid decision-making process, noting that “an excessive emphasis on speed led to a decision to repatriate just two days after the arrest, with actual repatriation taking place in only five days,” and described the actions as “illegal.”

Taking into account the background behind the officials’ decision and the systemic shortcomings that have persisted since the division of the Korean peninsula, the court opted to suspend the sentences. “In a context where the adversarial mindset from the division still lingers, and no proper legal guidelines have been established for such cases, we cannot be sure that similar confusion will not occur again if a comparable incident arises. It raises the question of whether it is fair to punish only those responsible when institutional improvements have not been made,” the court explained.


김태언기자 beborn@donga.com