Since the Korean War, North Korean defector groups have sent anti-North Korea leaflets, along with food, socks, medicine, $1 bills, mini radios, and USB drives containing South Korean news and drama, into North Korea attached to helium balloons across the heavily guarded Demilitarized Zone (“DMZ”) or in bottles across border rivers. This movement is no secret to both North and South Korean governments and reports indicate that a number of North Korean defectors had in fact been inspired by messages dropped from the balloons to flee the regime.

SOUTH KOREA BANS ANTI-NORTH LEAFLETS

These balloon launches have been hotly debated for many years as to their effectiveness at the risk of escalating tensions between the South and the North. The official stance of both Korean governments has always been against the launch of propaganda balloons. It is also noteworthy that South Korea had in the past banned such activities during politically sensitive times.  

However, in 2020, the South Korean government officially passed a bill to criminalize the flying of propaganda balloons toward North Korea, despite criticisms by activists that the attempts of improving ties with the North with such a ban would suppress the freedom of expression for South Korean citizens. The 187 lawmakers who supported the bill pledged that the new legislation was passed to avoid unnecessarily provoking North Korea, to ensure the safety of people living near the border and secure stable relations with the North. Under the new law, anyone flying leaflets, auxiliary storage devices or money towards North Korea without government permission is punishable by up to three years in prison or 30 million won (approx. $27,730) in fines.

THE FOUNDING FATHER OF THE BALLOON PROPAGANDA CAMPAIGN CHARGED UNDER SOUTH KOREAN LAW

Since the new law took effect in March 2021, Park Sang-hak, an outspoken North Korean defector-turned-activist became the first person to be indicted on charges of breaking the new anti-propaganda law. Park defected in 1999 and had since been highly vocal in his public campaign to support human rights in North Korea. For many years, Park and his organization, Fighters For Free North Korea, launched balloons into the North containing leaflets which urged North Koreans to challenge Kim Jong-un's administration. In April 2021, Park launched ten balloons carrying a half million leaflets, which later led to him to be charged under the new law for “attempting” to send the leaflets as investigators lacked evidence that the balloons had actually landed in North Korea. South Korean President Moon Jae-in's response to strictly enforce the law against Park shows South Korea’s unwavering stance against such alleged crimes. 

Park’s balloon launch in April also called for criticisms from the North, where Kim Jong-un's sister and spokeswoman, Kim Yo-jong, called Park “dirty human scum” and warned of “consequences.”  However, this left Park undeterred, stating that “[if] an evil law is a law, send me to prison!  Even if they send me to prison, my colleagues will continue to send leaflets.” Meanwhile, it was reported that Park’s lawyer would challenge the case at the Constitutional Court with an aim to overturn the new law.

BALLOON PROPAGANDA CAMPAIGNS OVER THE YEARS

Although there are no officially reported figures on the number of North Koreans who received and read the propaganda leaflets, analysts are of the view that radio broadcasts and USB drives that have been smuggled across the border are more effective means to communicate with people from the North. However, Park’s balloon campaign serves as the most visible tactic, where he had often in the past invited media to his balloon-launching ceremonies and created impactful images of long, cylindrical balloons flown across the DMZ. Once the balloons enter North Korean territory, built-in timers unfasten the vinyl bundles which cause items banned in the North, such as anti-Pyongyang leaflets, dollar bills, bibles, USB drives, etc. to drop from the sky.

However, the South Korean government warned activists that the balloons endanger people living on both sides of the border.  For instance, the North Korean military had accidentally hit South Korean villages while firing shells at balloons crossing the border in 2014, which prompted the South to return fire. Naturally, citizens living close to the border feared for their own safety hence they supported the passing of the new law by a majority of 57-60 percent. Cities and provinces near the border have also called for Park’s punishment, while many fellow North Korean human rights activities further condemned his actions.

For instance, North Korean defector Lee Min-bok said that Park has jeopardized the entire balloon campaign by provoking both governments, “[the] extremely provocative language in Park Sang-hak's leaflets has nothing to do with promoting North Korean human rights, but is tailored to please conservatives and provoke progressives in the South...[he] wants to become a hero by going to prison for fighting this law”.  In contrast with Park’s attention grabbing campaigns, Lee is a low-key activist who has been sending leaflets with news from outside North Korea, rather than criticizing the Kim regime, to the North since 2006.

Despite harsh criticisms concerning Park’s campaign and the series of upcoming trials preceding the recent indictment and for breaking a law on collecting donations, Park told the media that although “Kim Jong-un wants to kill me, and President Moon wants to send me to prison...they cannot stop us from telling facts and truth”.