The police have distributed a 'field guide' outlining the legal basis for punishing the act of distributing North Korean leaflets and the measures to take when caught. The guide states that strict measures, including arresting offenders in the act, should be taken based on the High-Pressure Gas Safety Act, Disaster and Safety Act, and Aviation Safety Act.
According to a report from ChosunBiz on the 17th, the police sent a document titled 'Response Guidelines for the Distribution of North Korean Leaflets (Balloons)' to the enforcement sites in border areas with North Korea such as Gyeonggi and Gangwon around the afternoon of the 16th.
This guide includes contents such as 'actively blocking the distribution of North Korean leaflets (balloons) within the framework of current laws' and 'immediate measures such as investigating and arresting offenders when criminal punishment is possible.'
The legal principles supporting these enforcement actions are found in the High-Pressure Gas Safety Act, Disaster and Safety Act, and Aviation Safety Act. The guide states that 'immediate measures should be taken in the field, such as temporary confiscation under the High-Pressure Gas Safety Act when violations of transport standards for high-pressure gases are confirmed.'
The High-Pressure Gas Safety Act contains regulations regarding vehicles transporting high-pressure gases. Drivers of high-pressure gas transport vehicles must register their identities with the chief administrator of the city, county, or district, and the transport vehicles must be equipped with various structural facilities. High-pressure gases are needed to inflate large balloons containing North Korean leaflets; therefore, high-pressure gas transport vehicles are usually present at the leaflet distribution sites.
Additionally, the guide states that actions to move into border areas to distribute North Korean leaflets should be addressed under the Disaster and Safety Act. Specifically, it indicates that 'immediate investigation requests should be made for violations such as accessing restricted danger zones, and if they refuse, strict measures such as arresting offenders should be taken within the legal framework.' Regarding the Aviation Safety Act, it stipulates that 'strict measures such as arresting offenders should be taken if any object weighing over 2 kg is confirmed to be lifted.'
Meanwhile, there is controversy surrounding the act of punishing the distribution of North Korean leaflets itself. This is because the Constitutional Court ruled the Anti-North Korean Leaflet Act, enacted by the Moon Jae-in administration in 2020, unconstitutional in September 2023. A representative from the Ministry of Unification stated in a briefing the previous morning that 'managing the situation on the Korean Peninsula and considering the lives and safety of the people can be exceptional reasons to prohibit leaflet distribution.'