[팩트체크] Korea and North Korea are suspected of smuggling coal No ship is detained?

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A satellite photograph of North Wonsan Harbor on the 16th. About 90 meters long ship is anchored next to a yellow crane for loading coal. [연합뉴스]

While the government calls for an exemption from sanctions for North Korea to improve inter-Korean relations, the crackdown on ships suspected of being involved in the smuggling of North Korean coal is insufficient. On October 23, Cheong Wa Dae said, "KCS has been in the spotlight since last October, when information on coal imports from North Korea was received." I have reported facts related to the controversy that Korea opens the back door of the shrine.

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Is the sanction waiver soon a sanction?

The waiver of sanctions is based on the provisions of the UN Security Council Resolution. For example, paragraph 25 of resolution 2397 adopted in December of last year states that it is necessary to promote the work of international and non-governmental organizations in relief activities in North Korea or other countries. Grant immunity for any purpose consistent with the objectives of the resolution. And in the case of a decision of the Sanctions Subcommittee. The decision is finalized with the consent of 15 member states of the Security Council. The recent acceptance by the government of the request for recognition of exceptions for the restoration of inter-Korean military communications lines can be seen as supported by the goal of the international community to improve inter-Korean relations. and to promote the denuclearization of North Korea through dialogue. This is true in the "sanctions framework", but it is not wrong to say that sanctions are not mitigation measures.

However, it is also true that if the exemption is applied for the progress of inter-Korean relations such as the implementation of the Panmunjom Declaration, there will be a possibility of sanctions. There is a reason for the Security Council to prevent a truck from entering North Korea (Decision No. 2270, adopted in March 2016) and decides on a product with potatoes (Decision No. 2397, adopted in December 2017). North Korean leaders have devoted military items to most of their products and most of their proceeds have been devoted to the development of weapons of mbad destruction (WMD). Pyongyang has stopped nuclear testing and missile launches this year, but continues to produce nuclear material. This is why the government is concerned about the influx of goods in North Korea by measures of exemption from sanctions before the freeze.

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Import of coal from North Korea, including violation of sanctions?

North Korea's sanctions group against North Korea declared last October that two third-clbad ships (Sky Eine and Rich Glory) North Korea's coal exports were banned last August, when resolution 2371 was adopted.

If the deliberate transshipment was carried out at the port of Kholmsk in Russia, as pointed out by the group of experts, ships and related organizations would have violated the sanctions. Korean importers of coal are also the subject of an investigation by the Korean Customs Service for violation of sanctions. United Nations Security Council resolutions have virtually equal effects on domestic law, and if the Security Council adopts resolutions, member states will reform national laws to enforce sanctions. Korean companies are accused of illegal importation under the Customs Act.

The government obtained relevant information on the port of arrival of vessels, but said that the coal could not be stopped after unloading. It is hard to see that the Korean government violated the sanctions as explained. But the logic of "civil repression" is also a defense of the Chinese and Russian governments, which have been publicly designated as sanctions for North Korea. Resolution 2371 contains the obligation "to prohibit all nations from obtaining North Korean coal". The implementation of sanctions by the people of the nation means the responsibility of the state.

According to Marine Traffic, which provides real-time location information for ships, the "Rich Glory" (left), presumably loaded with North Korean coal, and Skye Angel (right) is crossing the waters Territorial near the island of Jeju and Pohang in the afternoon of 20. [연합뉴스]

There are criticisms that the government was not detained even though suspect ships entered the port. Paragraph 9 of resolution 2397, adopted last December, stipulated that ships entering their port should be seized, searched and frozen if there were reasonable grounds to believe that they were involved in the trafficking, like coal in North Korea. Vessels suspected in the territorial sea are not obliged to ship, but they have given each country permission to seize, search and freeze.

However, since ships suspected of being involved in trafficking since last August, while North Korea's coal imports were totally banned, have entered the Korean port dozens of times, authorities Have not been arrested. In particular, two alleged influxes of North Korean coal into Korea in October last year were free to enter Korean territorial waters as well as into the ports.

The Foreign Ministry said: "In October of last year, when two ships were suspected of unloading suspicious coal from North Korea, they were before the adoption of the number 2397 (mandatory detention of suspect vessels) It is necessary to consider the situation, including the situation, "he said. "There has been no violation of the resolution, such as prohibition of the prohibition of the Security Council resolution, although the vessels have conducted time search actions in time when the ships arrived again. " A Foreign Ministry official said: "We are taking measures such as detention when there is evidence." Currently, there are three vessels involved in refinery products and coal smuggling, and there is only one country in the world that has actually held such suspicious vessels. "

However, the Security Council has left to each Member State the discretionary power to exercise its discretion. authority to judge the rational basis of the belief that he is involved in the traffic, the level of detention of ships. If the government actively interprets it, it means that detention is not impossible.

In particular, there is a great deal of concern that South Korea is included in the main highway of North Korea's sanctions avoidance route. A former diplomat said: "Since North Korea intends to intensively circumvent sanctions by using neighboring countries such as China and Russia, our territorial waters and our ports are more vulnerable than any other country in the world. 39. Other countries.The government must be more active so that it can not abuse Korea as a way of avoiding sanctions by conducting thorough searches. "(19459008)