With North Korean patrol officers eerily marching around his hideout, Kang held his breath and clenched his teeth. He thought of giving up: surely it wasn’t too late to turn back… Yet, as memories of the concentration camp came flooding back, Kang made up his mind. Slowly but steadily, he made his way through the untamed currents of the 460 foot-wide Yalu River …

The year was 1992 when North Korean Kang Chol-hwan decided to escape from the Yodok concentration camp— ten years of forced labor was more than enough. After bribing North Korean soldiers and hiding in China for six months, he finally found passage to South Korea. Yet, his troubles did not end. Kang lost all contact with his family since he defected. Only through a report done in 2011 did he find out that his sister and her 11-year-old son may still be at the same concentration camp.

Many, like Kang, have also lost communication with their family after defecting from North Korea. In an attempt to send censored information and letters of correspondence, some defectors have flown balloons carrying leaflets over the border. Yet, on December 14, 2020, South Korea’s parliament passed the anti-leaflet law, criminalizing the act of launching propaganda leaflets into North Korea. 

The legislation was received with mixed reactions. Critics view the disputed law as restricting the fundamental rights of South Koreans and eliminating one of the few methods to communicate to North Koreans. Indeed, shortly after the bill was announced, the US human rights commission held a hearing examining freedom of expression in the Korean Peninsula, with a particular focus towards the anti-leaflet law. Chris Smith, a US  congressman, condemned the bill, calling it “ill-conceived” and “frightening” for facilitating the imprisonment of people for simply sharing information. On the other hand, supporters believe that the law is necessary to avoid conflict, especially considering Pyongyang’s strong denunciation of cross-border communication. However, despite South Korean President Moon’s policy of appeasement, tensions in the Korean Peninsula have not been quelled. In fact, Kim Jong-un threatened to further develop Pyongyang’s nuclear arsenal this past January. 

Amid the lack of scrutiny from South Korea, North Korea remains one of the most repressive regimes. A 2014 UN Commission of Inquiry discovered that the North Korean government regularly enacts methodical and extensive abuses, including murder, enslavement, torture, rape, forced abortions, and forced labor. Due to restrictions caused by COVID-19, North Korea is now more isolated than ever, and authorities are exacerbating restraints on communication with the outside world.

Both South Korea and the US need to act. Asia Advocacy Director John Sifton argued that past US and South Korean policies have not adequately addressed human rights in North Korea. He stated, “Policymakers in both Washington and Seoul have relegated the freedom, health, and well-being of the 25 million people of North Korea to a distant tertiary status.” America has long been seen as a beacon of democracy, but the recent human rights hearing merely signals displeasure with South Korea’s policy and doesn’t do nearly enough to confront the issue. 

Nevertheless, the degree of action Washington can take is limited compared to that of Seoul. Thus, rather than appease North Korea, South Korea should make stronger efforts to protect the freedoms of defectors and reach a favorable compromise with Pyongyang. Ultimately, Kang’s and other defectors’ hopes to reconnect with their families rests upon the actions of Seoul.