S. Korean unification minister questions UNC’s authority over non-military MDL crossings

South Korean Unification Minister Kim Yeon-chul (right) and Foreign Minister Kim Kyung-wha during an audit by the National Assembly’s Foreign Affairs and Unification Committee on Oct. 21. (Yonhap News)

UNC has denied requests for MDL crossings involving inter-Korean projects and humanitarian aid

South Korean Unification Minister Kim Yeon-chul (right) and Foreign Minister Kim Kyung-wha during an audit by the National Assembly’s Foreign Affairs and Unification Committee on Oct. 21. (Yonhap News)

On Oct. 21, Unification Minister Kim Yeon-chul cited “arguments that there are inadequate legal grounds” for the UN Command (UNC) exercising the right to issue or deny permits for crossing the Military Demarcation Line (MDL) when necessary for “non-military environmental surveys, cultural heritage surveys, and guard post visits.” Kim said he thinks that “institutional remedies are necessary for entering the DMZ for non-military purposes.” 

“Passages in the Korean Armistice Agreement limit [the UNC’s] authority [over crossing the MDL] to actions that are military in nature,” Kim said during a joint audit of the Unification Ministry and the Ministry of Foreign Affairs by the National Assembly’s Foreign Affairs and Unification Committee on Monday. 

“There’s a disagreement [between the government and the UNC] about crossing the MDL, and we’re in close consultation to find a solution,” Kim said. It’s unusual for a senior official in the government to mention disagreements with the UNC and a “need for institutional remedies.” 

Kim’s remarks came in response to the statement by independent lawmaker Chun Jung-bae that “there is no institutional mechanism for contesting the legitimacy of the UNC’s refusal to allow passage over the MDL,” a situation that Chun characterized as being a “complete violation of the rule of law.” 

“When [the government] requested permission to cross the DML for an on-site survey [of the North Korean section] in the inter-Korean railroad connection project in August 2018, the UNC denied permission because of the ‘48-hour regulation.’ This year, the UNC rejected a request by Gangwon Province’s Domin Ilbo [a newspaper] for access to a guard post without providing a reason and also refused to allow Tamiflu mediation designed to prevent the flu from being sent across the border. We need to legislate an institutional mechanism for assessing [the legitimacy] of [the UNC’s] refusal to grant permission, including illegal procedures,” Chun said.

“The government is framing a variety of plans related to its initiative to create an international zone for peace in the DMZ. Because we need the UNC’s cooperation in order to carry out historical, cultural, and environmental surveys [in the DMZ], we will take steps to rectify areas of inadequacy,” Kim said. 

By Lee Je-hun, senior staff writer, and Noh Ji-won, staff reporter

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