Moon Jae-in’s Wednesday Night Massacre threatens the rule of law in Korea

IF ONLY HE’D MASSACRED THEM ON A SATURDAY NIGHT, the metaphor would have been impeccable. But when South Korea’s President, Moon Jae-in, directs his Justice Minister, Choo Mi-ae, to reassign 32 prosecutors as they closed in on political corruption in his office–four months before elections will decide whether his party will have a majority to pass laws or a supermajority to amend the Constitution–it should have been the biggest news since the impeachment of his predecessor, Park Geun-hye. Last night,...

The Warmbier Act could raise the pressure on Kim Jong-un dramatically, whether Donald Trump likes it or not

Kim Jong-un is wrapping Donald Trump’s Christmas present, and Putin and Xi Jinping say that Trump should lift the sanctions on Kim they’ve been violating anyway, but Congress just made those sanctions much tougher in a new bill, the Otto Warmbier North Korea Nuclear Sanctions and Enforcement Act, which just passed both houses of Congress as an amendment to the National Defense Authorization Act for Fiscal Year 2020, or NDAA. The bill is an updated version of the BRINK Act,...

Review: Sandra Fahy, “Dying for Rights,” Columbia University Press, 2019

“In a penicillin bottle I wrote her date of birth, the day she died, and her name. I hung the bottle around her neck. I tied her hair. [The other prisoners and I] tied her legs. Her arms. We wrapped her body in a plastic bag. This is what happens in a prison camp in North Korea. That’s how we wrapped the dead bodies. When the warehouse has twenty dead bodies, we take those bodies to a place called the...

Christine Ahn, Pak Chol, and the United Front Department

A week ago, I fisked a report by the NGO Korea Peace Now! about the impact of sanctions on the North Korean people, which at least some journalists covered without questioning its many factual or logical flaws. The report was calculated to absolve Pyongyang of the blame for seizing land and destroying crops the poor grow on it, for its massive diversion of resources from food to weapons, for exporting scarce food for cash, for the gross inequality Kim Jong-un...

Report: Kim Jong-un starves his people, America blamed, women hardest hit

It has now been five years since a U.N. Commission of Inquiry found exhaustive evidence of Pyongyang’s culpability for “crimes against humanity, arising from ‘policies established at the highest level of State,’” including “the inhumane act of knowingly causing prolonged starvation.” It has been less than a year since Human Rights Watch interviewed dozens of witnesses to find that North Korea’s government has built a pervasive culture of rape, where officials prey on women with impunity. But now, a group...

How South Korea’s “human rights lawyer” president waged a quiet war to silence North Korea human rights activists

The Chosun Ilbo has published a Korean-language interview with Lee Young-hwan, the head of the Transitional Justice Working Group, one of the most respected human rights groups researching Kim Jong-un’s crimes against humanity. Although TJWG is based in Seoul and headed by a Korean, it’s really an international NGO with both Korean and foreign staff. Lee has been an activist for human rights in the North since the late 1990s, and received a Democracy Award from the National Endowment for...

Judge holds Chinese banks in contempt, fines them $50K a day for failing to comply with North Korea subpoenas

If you haven’t already read my post about Chief Judge Beryl Howell’s order directing three Chinese banks to comply with federal grand jury and statutory subpoenas of their North Korea-related records, you should probably start there. Although the docket in this case is still sealed, I speculated in that post that the banks would likely appeal to the D.C. Circuit and seek a stay of the court’s order. And so they have, according to an order Judge Howell unsealed today....

I’ll give you a topic. The final voyage of the “Wise Honest” was neither. Discuss.

The U.S. Attorney’s Office for the Southern District of New York has seized and sued to forfeit a 17,000-ton North Korean bulk carrier that was hauling neither rice, nor corn, nor milk, but coal to enrich Kim Jong-un, and machinery to keep his mines and his military-industrial complex from shutting down.1 And it was doing it with money laundered through correspondent banks in our country, in New York City. This is the great, uncharged crime of the M/V Wise Honest,...

OFK Exclusive: Court orders three Chinese banks to comply with subpoenas for North Korea-related records

There is (or should be) a modern Chinese curse that goes something like this: “May the subpoenas fall like rain on your New York correspondents.” In December 2017, that curse afflicted three Chinese banks that now find themselves enmeshed in an expensive and legally perilous FBI investigation into the laundering of large amounts of Kim Jong-un’s lucre. With today’s unsealing of Chief Judge Beryl Howell’s opinion, ordering the banks to comply with the subpoenas, the story can be told. You...

The “experts” were wrong. The sanctions are working.

The fact that even the New York Times says so didn’t make it so; it just made it harder for people who trust the New York Times to deny it. But for those of us who’ve always put more stock in the Daily NK and Rimjin-gang, the evidence has been piling up for more than a year. Our chronology begins in March 2016, two months after North Korea’s fourth nuclear test and one month after Congress passed the North Korea Sanctions...

S. Korea’s ruling party thinks Korean journalists must “contribute to peaceful reunification, national reconciliation & the restoration of national homogeneity”

I often reflect on how life has been kind to me lately. Once, I was poor and cold; now, I live in comfort and warmth. Once, I struggled to eat enough; now, I struggle to eat less. Once, life was enclosed in the ennui of poverty, isolation, and the prospect of a life lived in dullness and pointlessness; now, life is endlessly interesting. Once, I was alienated and alone; now, I come home to my best friends, including the two...

“Liberal” South Korean authorities launch criminal investigation of political parody posters

At the heart of the First Amendment is the recognition of the fundamental importance of the free flow of ideas and opinions on matters of public interest and concern. “[T]he freedom to speak one’s mind is not only an aspect of individual liberty — and thus a good unto itself — but also is essential to the common quest for truth and the vitality of society as a whole.” – Hustler Magazine, Inc. v. Falwell, 485 U.S. 46, 50-51 (1988)....

State Department cites “liberal” South Korean government’s censorship

In December, I was a panelist at this event at the American Enterprise Institute. You can read the transcript here, or watch it on video here. In my remarks, I tried to put the censorship of South Korea’s left and right into that country’s recent historical context, noting the signs that left-wing leaders who emerged from a nominally pro-democracy movement were now engaging in a strategic and systematic campaign to silence defectors, vloggers, and political critics through internet censorship and...

UN Panel investigating South Korean sanctions violations

The U.N. Panel of Experts has released its latest report, and for the first time since it began publishing them in 2009, it is now investigating South Korea for violating the sanctions. One area the Panel is looking into is its imports of North Korean coal for ten months, in violation of UNSCR 2371, while its Coast Guard dragged out an “investigation” of those imports, allowed the smuggling ships to come and go freely without seizing them, and later charged...

How to negotiate a lasting peace in Korea, feed the hungry, and heal the sick

Let’s say you still believe in a negotiated disarmament of North Korea, something to which I assign a ten percent probability at most. Or, let’s say you don’t. Suspend your disbelief and assume that aggressive sanctions enforcement—the enforcement Kim Jong-un tricked Trump into calling off nearly a year ago—becomes a sufficient threat to the solvency and cohesion of Kim Jong-un’s regime that he comes back to the table next year, offers to submit a complete declaration of his WMD programs...

Hanoi Redux: the Senate, the Supremes & Pompeo (also, Trump!) on the Iran deal

SAY WHAT YOU WILL ABOUT OBAMA’S DEAL WITH IRAN; what Trump signed with Kim Jong-un in Singapore makes it look like a model of clarity and specificity. For all its flaws, the Iran deal, or Joint Comprehensive Plan of Action (JCPOA), undeniably gained us something. Its inspection terms and sunset clause were serious flaws and might have proven to be fatal ones. Even so, it got Iran to surrender a big stockpile of enriched uranium and make some useful concessions...

How to make Kaesong a safety valve for sanctions and a(nother) test of engagement

Fifteen years after the opening of Kaesong and more than twelve years after the approval of UNSCR 1718, Seoul has finally gotten around to reading the resolution that Kaesong violated for a decade. As I’ve harped on during that entire period, paragraph 8(d) required Seoul to “ensure” that its bulk dollar transfers to Pyongyang, which it deceptively called “wages,” were not diverted for nukes, missiles, or luxury goods. No matter how obnoxiously I would present that question to the South...

Rape, revenge, sanctions & North Korea’s hated Ministry of Love

FIVE HUNDRED YEARS AGO, Machiavelli mulled the question of whether a tyrant should seek to be feared or loved. The Ministry of State Security or MSS is North Korea’s analog to Orwell’s Ministry of Love,1 but in reality, it is Kim Jong-un’s most feared and hated enforcer. It targets “spies, subversive elements, and political criminals” — the people the state fears most. It runs North Korea’s most horrific prison camps, of which one North Korean woman interviewed secretly by the BBC said, “It is...