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South Korean lawsuit against Kim Jong-un's sister could spell doom for strained relation between two countries

Ever since Kim Jong-un's sister, Kim Yo-jong assumed her position as the hard-line face of North Korea, inter-Korean relations seem to have nosedived
UPDATED JUL 28, 2020
(Getty Images)
(Getty Images)

Days after an inter-Korean liaison office was blown up by North Korea, a conservative activist lawyer from South Korea took it upon himself to hold the person responsible accountable. Lawyer Lee Kyung-Jae concluded that the sole person responsible for the explosion was Pyongyang leader Kim Jong-un's only sister, Kim Yo-jong. He filed a lawsuit against her. However, the suit, although seemingly symbolic could spell doom for the already deteriorating ties between Seoul and Pyongyang if it riles Kim.  

Ever since Kim Yo-jong's assumed her position as the hard-line face of North Korea, inter-Korean relations seem to have nosedived. The Pyongyang ruler's sister recently had issued multiple threats warning of retaliation after activists in the South sent anti-North Korean leaflets into the North. Among her threats included the destruction of the liaison office. South Korean prosecutors, in a statement last week, said that they were looking into the lawsuit filed against Yo-jong, however, it is not yet clear whether a formal investigation would be initiated into the case. The prosecutors, in this case, face an insurmountable hindrance: bringing the North Korean dictator's sister to court. Although the lawsuit appears largely symbolic, there are fears that it may provoke an angry response from North Korea, which could conclude in a political impasse between the nations. 

Kim Yo Jong, sister of North Korean leader Kim Jong-un, arrives at the opening ceremony of the PyeongChang 2018 Winter Olympic Games at PyeongChang Olympic Stadium on February 9, 2018 in Pyeongchang-gun, South Korea. (Getty Images)

Lee, while addressing reporters last week, had stated he was driven to file the lawsuit partly because the current South Korean government, run by President Moon Jae-in, had not been aggressive enough in its response to the destruction of the liaison office in North Korea. The office, located in the border city of Kaesong, was blown up by the North Korean military, the New York Times reported. Any further military action, however, was later suspended by the North Korean Supreme Leader Kim. 

The activist filed the lawsuit asking prosecutors to indict Yo-jong, along with chief of the general staff of the North Korean military Pak Jong-chon. He had stated that the pair should be charged with destroying a building constructed with South Korean taxpayer’s money. North Korea, under South Korea’s Constitution, is part of South Korea, where civil lawsuits can be tried without the defendants in court, according to the outlet. A prosecutor in South Korean generally determines whether a legal complaint merits a full investigation. When the criminal suspects cannot be brought to court, prosecutors generally suspend attempts to indict them.

In light of Lee's case against one of the most powerful people in North Korean, prosecutors have not yet decided whether to seek criminal charges against Yo-jong. The activist, despite filing the suit, however, has acknowledged the case is largely symbolic and that the prosecutors in no possible way can present Kim's sister in a court.  

There have been multiple lawsuits filed by activists against North Korean leaders in the past too, including Kim’s father, Kim Jong-il, for sinking a South Korean navy ship in 2010 among many others. However, no indictments have been made by the prosecutors in any of the previous cases. 

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