Seoul must amend laws to protect its workers in N. Korea: experts

By Tony Chang
SEOUL, July 29 (Yonhap) -- South Korea needs to amend laws governing inter-Korean
civilian and business affairs in order to be able to protect its workers in North
Korea and deal with criminal cases, law experts said Wednesday.

An employee of Hyundai Asan Corp., stationed at an inter-Korean industrial
complex in the North's border town of Kaesong, was detained in March after being
accused of criticizing the North's political system and trying to persuade a
local female employee there to defect to the South. He has since been held
incommunicado as North Koreans refuse to disclose his whereabouts or grant access
to him.
In a symposium hosted by the National Human Rights Commission, experts honed in
on ambiguities of the laws.
"Currently, there are virtually no provisions in South Korean laws related to
protection of those working in the inter-Korean complex in the North," said Ko
Sung-ho, a professor of North Korean studies at the Korea Institute of National
Unification.
The laws that are in place on the Kaesong complex mostly govern the business
side, such as industrial safety and financial regulations including workers'
insurance coverage and corporate fines, he said.
"The government cannot but play a limited role under such circumstances," Ko
said, arguing current laws do not empower authorities to effectively deal with
sensitive situations such as that of the detained worker.
The professor also urged that clarifications be made to ambiguous agreements on
operating the Kaesong industrial park and a resort at the North's Mount Kumgang.
Tours to the mountain resort, also run by Hyundai Asan, were indefinitely
suspended after a South Korean tourist was shot dead last year. Pyongyang claims
the woman trespassed into a controlled military zone but rejected Seoul's demand
for an on-site investigation.
"For example, in investigating a potential criminal case, the agreement should be
clear enough in stating the period of the investigation, maximum fine, and the
period of expulsion for suspects when allegations are confirmed," Ko said.
Han Myung-sub, a senior attorney at law firm Lex Professional Corp., said the
laws and agreements need to be more specific.
"The current agreement isn't specific enough to solve all problems that may
occur," Han said, emphasizing that the government is accountable for not having
introduced follow-up measures to the agreement that is "exposed to limitations."
The agreement on the Kaesong complex, introduced in early 2004, calls for the
establishment of a joint committee to oversee problems that occur within the
complex. The committe has yet to be formed.
"The agreement does not stipulate a time frame for the establishment of the
committee, but we see it as ideal for the two sides to form the body as soon as
possible," Han said.
odissy@yna.co.kr
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