Lee Hyo-jin covers the Bank of Korea, the banking industry and broader financial news. Her previous beats include foreign affairs, North Korea and general reporting on Korean society.
Debate rises over jurisdiction of DMZ for nonmilitary access
South Korean soldiers stand guard during a media tour at the Joint Security Area (JSA) on the Demilitarized Zone (DMZ) in the border village of Panmunjeom in Paju, Gyeonggi Province, March 3, 2023. Reuters-Yonhap
By Lee Hyo-jin
Liberal lawmakers challenge U.S.-led UNC's role as legal limits on civilian access remain undefined
South Korean lawmakers are pushing legislation that would give the government control over civilian access to the Demilitarized Zone (DMZ), prompting a clash with the United Nations Command (UNC) over the scope of legal authority in the heavily fortified inter-Korean buffer zone.
However, it remains unclear whether the proposed legislation, if passed, would actually force the UNC to hand over that authority to the South Korean government, as legal debates over jurisdiction persist.
Two similar bills, introduced separately by ruling Democratic Party of Korea (DPK) lawmakers Lee Jae-gang and Han Jeoung-ae, aim to grant Seoul the power to approve civilian entry and other peaceful uses of areas within the DMZ.
Currently, any such access requires approval from the U.S.-led UNC, whose authority derives from the 1953 Korean Armistice Agreement.
Supporters of the legislation argue that the UNC's mandate is limited to military administration, not civilian activity, and that the armistice does not stand above domestic laws.
“The role of the UNC immediately after the war in the 1950s cannot be viewed the same as its role 75 years later. The armistice was meant to prevent renewed hostilities, not to regulate civilian movement, yet the UNC is interpreting it too rigidly," said Yang Moo-jin, former president of the University of North Korean Studies.
Yang added that because the armistice agreement does not function as law within South Korea's legal system, it cannot automatically override legislation passed by the National Assembly.
Technically, the bills could pass with the ruling party's support alone. Legislation requires the attendance of a majority of the National Assembly's total lawmakers and approval by a majority of those present. With the DPK holding 166 seats in the 300-seat Assembly, passage is possible if its lawmakers all vote in support.
Kim Hyun-jong, right, first deputy director of the National Security Office, visits the Demilitarized Zone (DMZ) area, Wednesday. Captured from United Nations Command's Facebook
The UNC has already opposed the proposed bills.
In a rare public statement on Tuesday, the command said it has administered the DMZ through the UNC Military Armistice Commission (UNCMAC), citing an armistice provision stating that "civil administration and relief in that part of the Demilitarized Zone which is south of the Military Demarcation Line shall be the responsibility of the Commander-in-Chief, United Nations Command."
Although the statement did not directly mention the bills, it underscores the legal and diplomatic sensitivities surrounding the proposed legislation.
The Ministry of Unification, which has expressed support for the legislation, told reporters on Wednesday that there is no domestic law that comprehensively governs the DMZ, while the Ministry of Foreign Affairs and the Ministry of National Defense both said the issue should be pursued through close consultations with the UNC.
Beyond the legal debate, some observers say the UNC's stance appears to reflect broader U.S. efforts to retain influence over security arrangements on the Korean Peninsula. Although it operates under a U.N. flag, the UNC is effectively led by the U.S., with the commander of U.S. Forces Korea simultaneously serving as the UNC commander.
"What may look like a tussle over access rights is actually tied to a broader effort by Washington to preserve the UNC's influence and to use it as a means to maintain control over wartime contingencies on the peninsula, especially as South Korea and the U.S. are speeding up discussions on the transfer of wartime operational control," a security analyst said on condition of anonymity.
Amid these developments, the UNC disclosed late Wednesday that it had granted DMZ access to Kim Hyun-jong, first deputy director of the National Security Office.
According to the UNC, Kim visited the DMZ to receive updates on North Korea's military activities, assess South Korea's response measures and have discussions with UNCMAC on ways to prevent accidental clashes with the North. He was accompanied by Lt. Gen. Joseph Hilbert, commander of the U.S. Eighth Army in Korea.
Kim had previously been denied access to the DMZ, a fact publicly disclosed last month by Unification Minister Chung Dong-young, who criticized the episode as a challenge to the nation's sovereignty.