Why South Korea has sent a man to jail for writing a poem about North Korea

The poem, which is titled ‘Means of Unification’, lists the supposed benefits of reunification of the Korean peninsula under North Korea’s socialist regime — including free housing, education, and healthcare, and employment.

This same man had earlier received a 10-month prison sentence for posting “anti-state” content on South Korean websites and blogs, The Korea Herald reported.

In its ruling, the Seoul Central District Court noted that the new violation “took place within three years of completing his previous sentence, making him a repeat offender”, the report said.

So, what’s wrong with writing a poem in South Korea?

First, a bit of history on the rivalry and continuing ‘war’ between North and South Korea.

The Korean peninsula was a Japanese colony from 1910 to 1945, when Imperial Japan fell at the end of World War II.

As the victorious Allies, the Soviet Union and the United States, jostled for geopolitical dominance in the post-War world, the Potsdam Conference of 1945 partitioned the Korean Peninsula along the 38th parallel, with the Soviet sphere of influence to its north, and the American one to its south.

Consequently, a communist regime was established in North Korea, under Kim Il-sung, and a US-backed regime was established in the South, under Syngman Rhee.

However, both sides wanted the whole peninsula — and egged on by the two superpowers, they fought the Korean War between 1950 and 1953. Although hostilities ceased in 1953, no peace treaty was ever signed, which means that officially and technically, North Korea and South Korea still remain at war.

Since then, relations between the two countries have remained strained, alternating between periods of deep freeze and a relative thaw over the past 70 years.

Today, the 250 km-long and 4 km-wide demilitarised zone (DMZ) acts as a buffer between the two countries. And although the zone itself is demilitarised, the border beyond that strip remains one of the most heavily militarised borders in the world. Notably, neither country has abandoned hopes of “reunification” of the Korean Peninsula.

And what exactly is South Korea’s NSA?

South Korea’s National Security Act (NSA) came into force in December 1948, some three months after the Republic of Korea was established. The law, enacted in response to “threats” from the North, was meant to “secure the security of the state, and the subsistence and freedom of nationals”.

Importantly for the purpose of this explainer, it punishes acts such as praise, encouragement and support to North Korea’s government, as well as “anti-state organisations”.

However, critics have pointed out that over the years, the law has been weaponised to silence legitimate opposition, to target political dissidents as well as the free speech of ordinary citizens.

In 2011, Amnesty International described the NSA as a tool to “harass and arbitrarily prosecute individuals and civil society organisations who are peacefully exercising their rights to freedom of expression, opinion and association” and to “prevent people from taking part in discussions surrounding relations with North Korea.”

However, despite vocal opposition, South Korea’s Constitutional Court has upheld the law.

What is the position of the current government on the NSA?

Experts have noted that the implementation of the NSA has depended on the party that is in power. While liberal and progressive parties have tried (unsuccessfully) to annul the law when in power, conservatives have wielded it quite often.

The present government of President Yoon Suk Yeol, who belongs to the conservative People’s Power Party, is known for its hardline policy towards North Korea.

In June, the government released a new National Security Strategy, with one of its goals being to “establish peace on the Korean Peninsula and prepare for future unification”. The strategy introduced new policy directions that included plans to “tighten monitoring” of inter-Korean civilian-level contacts and exchanges to “establish order and discipline,” Seoul-based NK News reported.

“There have been instances of illegal and deviant behaviour by certain organisations and businesses in engaging in inter-Korean exchange and cooperation projects… To prevent such occurrences, relevant laws and systems will be reviewed and amended, and strict fines will be applied to ensure that private exchanges and cooperation are conducted in a well-organised and disciplined manner,” the strategy said, NK News reported.