Gov't at odds over suspending inter

Defense Minister Shin Won-sik speaks during an inauguration ceremony for the Army chief of staff at the Gyeryongdae military headquarters in South Chungcheong Province, Oct. 31. Yonhap

Two government ministries are split over the idea of suspending a 2018 inter-Korean military agreement banning hostile activities against each other.

The defense ministry has been urging its suspension despite lacking the authority to do so unilaterally, but the unification ministry, which is responsible for this matter, is taking a more cautious approach.

During an inauguration ceremony for military chiefs, Oct. 31, Minister of National Defense Shin Won-sik said the Armed Forces are “suffering difficulties in maintaining its combat readiness" because reconnaissance capabilities and live-fire drills are restricted due to the inter-Korean military agreement.

Two days earlier during the National Assembly's state audit of the defense ministry, Shin also said his ministry suggested that the military agreement be suspended.

"I mean that the defense ministry's official stance is that the agreement should be suspended, and it has delivered this to ministries and other government organizations," Shin said, adding that there have been nearly 3,600 cases of North Korea violating the agreement.

Then-South Korean Minister of National Defense Song Young-moo, front row left, and then-North Korean Minister of the People's Armed Forces No Kwang-chol, front row right, pose with copies of an inter-Korean military agreement during the inter-Korean summit between then-South Korean President Moon Jae-in, back row left, and North Korean leader Kim Jong-un in Pyongyang, Sept. 19, 2018. Joint Press Corps

The pact, also known as the Sept. 19 agreement in South Korea as it was signed by the defense ministers of the two Koreas on Sept. 19, 2018, is aimed at halting all hostile activities against each other. This includes stopping military drills in border areas and setting up no-fly zones near the border.

The agreement has been at stake, however, in the wake of North Korea's continued missile and other provocations, prompting conservative President Yoon Suk Yeol to adopt a hawkish stance toward Pyongyang. Yoon has ordered the government to "consider suspending the Sept. 19 agreement" after North Korean drones intruded Seoul's airspace in December last year.

Debates over the agreement were rekindled recently after the conflict between Israel and Hamas. As Israel's intelligence failure was cited as one of the reasons Hamas was able to attack, concerns flared among conservatives that the agreement significantly restricts Seoul's surveillance and reconnaissance capabilities near the border area, allowing Pyongyang to launch a Hamas-like attack on Seoul.

Shin, who began his job on Oct. 7, has long been calling for the agreement's suspension.

On Oct. 23, Shin visited a Marine Corps unit on South Korea's northwestern island of Yeonpyeong and stressed that the agreement was "a failure which cannot guarantee the safety of soldiers and the public" and there are "difficulties in maintaining combat readiness among units stationed on northwestern islands because live-fire drills are suspended."

During a meeting with reporters on Oct. 10, Shin also said the agreement should be "suspended as soon as possible," saying it can be suspended through a Cabinet meeting approval, while abolishing it requires a legal process.

According to the Development of Inter-Korean Relations Act, the president can suspend an inter-Korean agreement when significant changes occur in inter-Korean relations or when it is deemed necessary for national security, maintenance of order or public welfare, when the agreement was signed without National Assembly ratification.

A subsequent enforcement decree notes that the president needs to undergo a Cabinet meeting approval process and notify the North.

The act and the decree, however, also note that the Minister of Unification should assist the president in performing his or her duties related to inter-Korean agreements, such as their management, meaning the Ministry of Unification plays a role in interpreting whether a suspension is necessary for national security.

Minister of Unification Kim Yung-ho, front row right, speaks during a National Assembly audit of the ministry on Yeouido, Seoul, Oct. 27. At left is Foreign Minister Park Jin. Yonhap

Against this backdrop, Unification Minister Kim Yung-ho said during a National Assembly audit on Oct. 11 that the matter of suspending the Sept. 19 agreement "should be discussed very carefully."

The unification minister said in an Oct. 18 media interview that the agreement is "an own goal for Seoul's national security," and that "its suspension should be considered when there is a serious provocation from the North."

The unification minister also said the defense minister's view is focused on "the perspective of military strategy" and "the agreement's suspension requires considerations from the perspective of national strategy."

During an Oct. 27 National Assembly audit, Kim faced questions on what constitutes a "serious provocation" but refused to give an example. When asked if a North Korean nuclear test would be a serious provocation, Kim said “it has be considered after the test.”

While the defense ministry is raising its voice against the agreement, the unification ministry is maintaining its equivocal stance.

“It is true that the unification ministry is in charge of interpreting whether this is a situation requiring the suspension of the agreement, but it has to consult with other ministries,” an official at the unification ministry said.

“The subject of signing the agreement was the defense ministry and related acts say the president is the subject of making the decision.”

The official refused to comment on whether its debate on suspending the agreement is progressing, but added that “the government’s stance is the same between the defense ministry and the unification ministry that it will make a comprehensive assessment of the national security situation and consider its suspension if necessary, though there are differences in the tone of speakers.”

While it remains uncertain whether the government will halt the agreement, the Board of Audit and Inspection on Nov. 1 dismissed a request for an audit of the appropriateness of the Sept. 19 agreement.

The request was filed by a former military generals’ association, but faced criticism from the opposition, with Democratic Party of Korea Rep. Youn Kun-young saying, “It is inappropriate for the audit agency to look into the national secrets.”