North Korean goods must receive government approval for importation, and violations will result in penalties, according to a ruling by the Constitutional Court. This is the first time the court has addressed the constitutionality of this provision.
On September 17, the court ruled 8-1 that the provisions regarding the import of goods in Article 13, Section 1, and Article 27, Section 1, Item 3 of the Inter-Korean Exchange and Cooperation Act are constitutional.
Jin Cheon-kyu, the head of Unification TV, was fined 3 million won in March 2020 for attempting to import 146 items, including 19 books purchased in North Korea, through Incheon International Airport without the approval of the Minister of Unification. He subsequently requested a formal trial.
The first trial court imposed the fine in May 2022, and Jin has appealed, with the case still ongoing. During the first trial, he sought a constitutional review of the relevant provisions but was denied, leading him to file a constitutional appeal in June 2022.
Jin argued that the requirement for approval to import goods, which are not subject to the Foreign Trade Act, discriminates against inter-Korean trade compared to trade with other countries, violating his right to equality and general freedom of action, and contravening the constitutional provisions on peaceful unification.
The Inter-Korean Exchange and Cooperation Act states, "Anyone wishing to export or import goods must obtain approval from the Minister of Unification regarding the type of goods, transaction method, and payment method as prescribed by presidential decree. Those who export or import goods without such approval may face up to three years in prison or a fine of up to 30 million won."
The Constitutional Court found that the provisions regarding the import of goods do not violate the constitution.
The court stated, "The provisions in question require approval from the Minister of Unification for the import of goods, ensuring that trade with North Korea is conducted under certain standards in a comprehensive, systematic, and stable manner. This centralizes the import process between South and North Korea under the Ministry of Unification, promoting public benefit and facilitating inter-Korean exchanges in line with policy consistency."
It also noted, "Even if a person returning from North Korea acquires goods not previously planned, it is difficult to monitor the import of such goods without prior approval. Given the sensitive and unique nature of inter-Korean relations and the complexities of international relations, it is not unreasonable to regulate unauthorized imports through criminal penalties."
The court concluded that the provisions do not violate the constitutional preamble, which proclaims the mission of peaceful unification, nor the principles outlined in Article 4 of the constitution.
The court emphasized that the Inter-Korean Exchange and Cooperation Act fundamentally recognizes North Korea as a partner for dialogue and cooperation aimed at peaceful unification, moving away from confrontation and allowing previously prohibited exchanges with North Korea, thus aligning with the constitutional goal of peaceful unification.
However, Justice Jeong Gye-seon expressed dissent, stating that the provisions could penalize unauthorized imports regardless of the inherent harmfulness of the goods, arguing that the focus on the lack of approval is excessive and that imposing criminal penalties is disproportionate.
A Constitutional Court official remarked, "This decision marks the first time the court has ruled on the constitutionality of the provisions requiring approval from the Minister of Unification for importing goods from North Korea and the penalties for violations."
The official added, "Considering the sensitivity of international relations and inter-Korean relations, the court found that the provisions do not violate the principle of proportionality or infringe upon general freedom of action, leading to the 8-1 ruling in favor of constitutionality."
* This article has been translated by AI.
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