Appeals Court Upholds Convictions Over 2019 Deportation of North Korean Fishermen

A South Korean appellate court imposed suspended prison sentences on three former senior officials Wednesday over the forced repatriation of two North Korean fishermen in 2019, ruling that the men’s basic rights were violated when they were returned despite expressing an intention to defect.

The Seoul High Court upheld guilty verdicts against former national security adviser Chung Eui-yong, former National Intelligence Service Director Suh Hoon and former Unification Minister Kim Yeon-chul. Chung and Suh each received 18-month prison terms suspended for three years, while Kim received a one-year term suspended for two years.

The court acquitted former presidential chief of staff Noh Young-min, finding it difficult to determine that he was involved in the decision to repatriate the fishermen. All four officials served under former President Moon Jae-in when the episode took place in November 2019.

South Korean authorities captured the two fishermen near the eastern maritime border. The men were accused of killing 16 fellow crew members, but they also indicated that they wanted to defect to South Korea. Seoul returned them to North Korea only days after their capture, prompting criticism from those who argued that the government had denied them protections available under South Korea’s policy of accepting North Korean defectors.

A lower court had found all four former officials guilty but deferred sentencing. In Wednesday’s ruling, the appellate court concluded that the repatriation violated the fishermen’s fundamental rights. It noted that the decision was reached just two days after the men were captured and that the transfer proceeded within days, even though a government official had called for more careful consideration.

The court also said the decision caused fear among North Korean defectors already settled in South Korea. People returned to North Korea after attempting to defect are widely understood to face the risk of severe punishment, including torture or death.

The ruling draws a distinction between the serious criminal allegations against the fishermen and the legal obligations of South Korean officials when handling people who seek protection after leaving North Korea. It also narrows responsibility among the four former officials by sustaining the convictions of Chung, Suh and Kim while clearing Noh for lack of sufficiently established involvement in the decision.

The suspended sentences mean the three convicted former officials will not serve the prison terms unless the suspensions are revoked under applicable legal conditions. Wednesday’s decision represents the appellate court’s judgment in a case that has remained politically and legally contentious since the fishermen were handed over at the inter-Korean truce village of Panmunjom seven years ago.