In 2019, two North Korean fishermen confessed to murdering 16 shipmates before fleeing to South Korea by boat and seeking asylum. The South Korean government at the time denied them refugee status and, in a controversial decision, repatriated them to North Korea.
This decision led to significant political backlash and resulted in criminal charges against four senior officials from the previous administration after a conservative government assumed power in 2022.
On Tuesday, a three-judge panel in the Seoul Central District Court found the four national security aides to former President Moon Jae-in guilty of abusing their official power in the repatriation of the fishermen. Although the court announced prison sentences ranging from six to ten months, it suspended the sentences for two years, suggesting that the charges were politically motivated under the current administration of President Yoon Suk Yeol.
The four officials involved included Moon’s national security adviser, the director of national intelligence, the presidential chief of staff, and the unification minister. This case marks the first instance of such criminal charges in South Korea, highlighting the ongoing political polarization regarding North Korea.
In 2019, the fishermen, aged 22 and 23, confessed to killing their captain and 15 crew members with hammers and disposing of the bodies at sea. South Korea's constitution mandates that North Koreans be treated as citizens, and historically, the country has accepted North Korean asylum seekers regardless of their criminal backgrounds. However, the Moon administration labeled the fishermen as “heinous criminals” and opted for repatriation.
The fishermen were denied legal representation and the opportunity to appeal their repatriation. They were taken to the inter-Korean border blindfolded and restrained, with one resisting the transfer.
Critics accused the Moon administration of denying the fishermen a fair trial and sending them back to face execution in North Korea to further its diplomatic agenda. The Moon administration defended its decision, arguing that it could not ensure justice due to the lack of evidence in South Korea.
Initially, prosecutors chose not to charge the aides involved in the decision, but this stance changed following President Yoon's election. Yoon criticized the previous administration's North Korea policy and cited the fishermen's case as an example of neglecting human rights for political reasons.
During the trial, judges noted that the former officials denied the fishermen their right to a fair trial but also expressed concern over the potential political motivations behind the charges. They suggested that South Korea needs to establish guidelines to handle similar cases in the future to prevent confusion.
Prosecutors have one week to appeal the court's ruling.