대북확성기 방송 재개에 따른 법적 쟁점 고찰 - 남북관계와 대북심리전의 관점에서 -

Abstract

In June and July 2024, due to the North Korean government’s distribution of waste balloons to South Korea, which resulted from the distribution of anti-North Korea leaflets by private organizations, our government fully resumed loudspeaker broadcasts against North Korea. Our government completely suspended the effectiveness of the September 19 Military Agreement on June 4, 2024, and implemented psychological warfare against North Korea prohibited by Article 24 of the Inter-Korean Relations Development Act. The distribution of anti-North Korea leaflets by private organizations immediately became invalid as soon as the Constitutional Court ruled that it was unconstitutional in 2023 (Article 24 (1) 3 and Article 25 of the Inter-Korean Relations Development Act), but the government-led psychological warfare against North Korea (Article 2 of the same Act) Article 24 (1) nos. 1 and 2) are still subject to restrictions. Although psychological warfare against North Korea is a part of military operations and a legal activity, it limits asymmetric strategic means by being overly conscious of the reaction of the North Korean authorities. Psychological warfare against North Korea does not constitute a hostile act by force as prohibited by the Armistice Agreement, and is a non-physical and non-violent means that falls within the category of a peaceful unification policy premised on national security and protection of people’s lives under Article 4 of the Constitution. Do it. So far, North and South Korea have agreed to stop mutual psychological warfare in the July 4th Inter-Korean Joint Declaration, the Inter-Korean Basic Agreement, the June 4th Agreement, and the Panmunjom Declaration, but the effectiveness of the inter-Korean agreement has been suspended due to the North Korean authorities’ armed provocations or unilateral suspension of dialogue. In inter-Korean relations, psychological warfare against North Korea was a prerequisite for the conclusion of negotiations and a subject of agreement. To that extent, psychological warfare against North Korea is an important element and a key means of creating conditions for peaceful unification. Therefore, we must eliminate legal restrictions on psychological warfare against North Korea and continue to develop and utilize various means of psychological warfare that can minimize opposition from the North Korean authorities. In consideration of the North Korean authorities’ response to the distribution of anti-North Korea leaflets by private organizations, anti-North Korea leaflets by private organizations based on Article 5, Paragraph 1 of the Police Officers’ Duties Execution Act are intended to protect the safety of border area residents within the minimum range during the period when the threat of provocation is significant. Spraying must be controlled, and there is a need to prepare legal regulations based on Article 37, Paragraph 2 of the Constitution.