A North Korean fisherman waits to be deported at the inter-Korean truce village of Panmunjeom, in this Nov. 7, 2019, file photo. Courtesy of Ministry of Unification

By Jung Min-ho

Pictures of North Korean fishermen fiercely resisting deportation provide an answer to one important question: They seemed sincere about defecting to South Korea, contrary to the claims of the previous Moon Jae-in administration.

The revelation by the Ministry of Unification has left many people shocked here and abroad. Now, calls are mounting to uncover the whole truth behind the 2019 decision to send the fishermen back to the brutal North Korean regime. There are three big questions that remain unanswered.

In this Nov. 8, 2019, file photo, South Korea's Navy tows a boat used by two North Korean fishermen before it was handed over to North Korean authorities. Courtesy of Unification Ministry

Did they really kill 16 people on boat?

According to authorities under the Moon government, the fishermen conspired with a third man to kill their captain and 15 others on the boat before their escape to the South. But the boat's size ― 16 meters long, 3.7 meters wide and 17 tons in weight ― has raised serious doubts about the allegations.

Their alleged murder plot was also unconvincing. The authorities claimed that the fishermen killed two of their fellow crewmembers working on the night shift with an ax and hammers before killing the "abusive" captain who was asleep. Then they went on to wake up two people "every 40 minutes" to kill them. All of the bodies were believed to have been thrown overboard. All this was supposedly done quietly in the open sea, without causing any of the others on the boat to notice unusual sounds.

The credibility of the murder accusation was damaged further by what was done to the boat following their "confessions." The boat, where the authorities claimed bore bloodstains, as well as the fishermen's clothes and shoes were disinfected on Nov. 2, 2019, the day they arrived in the South's waters, at the request of the National Intelligence Service (NIS). In the days that followed, they were all sent back to North Korea.

An official at the Ministry of Unification told The Korea Times that it cannot confirm whether the fishermen made the confessions without being forced, because it did not participate in the NIS-led investigation into the case.

The Constitutional Court in Seoul / Korea Times file

What justified exception this time?

Rep. Woo Sang-ho, the interim leader of the main opposition Democratic Party of Korea, told reporters Friday that South Korean citizens would not accept "the brutal criminals" as their neighbors.

According to ministry data, there are 23 convicted felons from North Korea who defected to South Korea, including murderers and terrorists. But none of them have ever been repatriated against their will, unlike the fishermen who suffered a different fate based solely on allegations without a trial.

The Constitution requires the government to treat North Korean defectors as citizens who have the right to have fair and prompt trial by legitimate legal procedures. Just last month in Seoul, a former North Korean spy received a 30-month prison sentence suspended for four years for playing a role in kidnapping a North Korean defector in China and sending him back to the North in 2010. The former agent defected to South Korea in 2016 and made the confession during the NIS' investigation, which eventually led to the conviction.

Also under the Constitution that states South Korea's territory as "the Korean Peninsula and its adjacent islands," President Yoon Suk-yeol appointed the governors of North Hamgyong Province and South and North Pyongan Provinces, Thursday, in a ceremonial move. The provinces are located in North Korea.

Experts say the deportation was a clear violation of the Constitution and South Korea's international treaty obligations for human rights.

Former President Moon Jae-in / Korea Times file

Was Moon involved in decision?

The Lawyers for Human Rights and Unification of Korea (also known as Hanbyun), a group of conservative lawyers, said it will file complaints with the prosecution on July 18 against top decision makers of the previous administration, including former President Moon.

Soon after the deportation, former Unification Minister Kim Yeon-chul said during an event in Los Angeles, Moon was briefed on the matter and made the final decision. His comments contradict the claim of Chung Eui-yong, who was the National Security Office's chief at the time (May 2017-July 2020), that he made the final call without reporting it to the commander-in-chief.

Investigators raided the NIS' offices Wednesday over allegations that the agency's former director Suh Hoon (June 2017-July 2020), abused his authority to stop the investigation into the fishermen after just three days.