Happy Birthday President Moon Jae-in!

(Source- 열린공감TV, January 24, 2021) It's still the 24th here EST, so I posted this in time. Great video on the Optimus Fund scandal and Prosecutor General Yoon's involvement in the coverup. Moon Jae-in's life long battle to reform the deep seated evils within the permanent beauracracy of the Korean government reveals that he is ultimately (just) a person. Happy 69th Moon Jae-in.

시사건건 also commented on the Optimus scandal today, giving the simple version of the story: Yoon's nolle prosse nothing to see here reports giving Optimus a clean bill of health cost government agencies with retirement funds and innocent investors victimized by the fraudulent scheme hundreds of millions in losses. How does Yoon Seok-yeol still have a job? According to both sources, it's a legacy of the tradition of corrupt personal networks (인맥) based upon school, region, profession and position. Loyalty is to one's colleagues and network of profitable relationships in deeply corrupt institutions (적폐기관) is the uppermost consideration, not society or the people. Prosecutors and judges look forward to the patronage of those in power rather than fulfilment of a public duty, or an ethical mandate. Financial and industrial elites are rewarded for patronizing these officials with protection from legal accountability for unlawful actions. Similarly, corrupt media conglomerates are protected by the corrupt judges and prosecutors (검언유착) for their assistance in concealing their own wrongdoing, and assisting in their resistance to reform.

Samsung's Lee Jae-yong goes back to prison

Given the widespread accusations of overtly political motivation on the part of judges and prosecutors in South Korea to protect corrupt corporate leaders and right wing politicians while targeting politicians, government officials, and progressive activists on the left with questionable investigations, prosecutions, and heavy sentences, the timing was right to put Lee back in prison. The sentencing guidelines had called for a sentence as long as five years. The first trial had resulted in a sentence of five years. Lee's second trial resulted in a reduced sentence of two and a half years. (The execution of this sentence was suspended for four years! This is why Lee was released by the court!).* Having served a year in prison after the first trial years ago, Lee, in effect, is now looking at eighteen months further in prison.

*이재용 실형 2년6개월 판결한 재판부의 머릿속을 해부해보자 - 곰곰이라이브 하이라이트 20210119; https://www.youtube.com/watch?v=e_0p7EKNW9U

(updated 1.21.2021) According to this source the story is even more extraordinary. Under the facts found at the first trial, the mandatory minimum sentence for the 8 billion won in bribes paid by Lee to President Park's office was five years. When the trial was sent back by the Supreme Court, it took the view that the actual bribe and misappropriation by Lee was only 3 billion won, getting it below the 5 billion won threshold for a minimum mandatory prison term of five years for misuse of funds. The tortured reasoning was that 5 billion won of the 8 billion won spent for Choi Yu-ra's equestrian stable in Germany was a "sponsorship" reducing the misuse of company funds to 3 billion won. It was argued in mitigation that it was "hard to refuse" the monetary payments soliticited by the former President Park. Later, the Supreme Court upon review of the sentence at the second trial, found that there was insufficient evidence of mitigation to suspend the two and a half year sentence. The anticipated unfavorable public reaction to such a light treatment of Lee's offenses, described in critical commentary as a slap on the wrist, was a major factor in reinstating an actual prison term. It was observed in this critical report ( 곰곰이라이브 ) that a thief found guilty of stealing a bowl of ramen and goju (pepper) side dishes from a closed restaurant had received a three year prison term.

Other factors possibly considered included the deep seated desire of the right to pardon former presidents Park Geun-hye and Lee Myung Bak, which cannot take place as a practical political matter while the Samsung heir is a free man. If a new president is elected next April then the imprisoned former presidents Park Geun-hye, and Lee Myung-bak, would both in a better position to receive pardons, with Lee Jae-yong having served most of his sentence.

The administration of justice in South Korea is widely discredited among the general public and this decision contributes more fuel to the fire. Prosecutor General Yoon Seok-yeol and other leading political figures on the right wish to obstruct and discredit the pending reforms of the criminal justice system which will include investigating the activities of his office and its handling of multiple cases whether non prosecutions of right wing political figures and corporate chaebol, his own family's shady business dealings, or the patently political investigations and prosecutions of a number of political rivals on the left.

When the new Commission to Investigate Corruption by High Public Officials opens in the near future Yoon is expected to be one of its first targets. Consequently, Yoon has launched a series of prosecutorial counterattacks targeted against the administration, the Seoul Central District Prosecutor's Office, the Justice Ministry, South Korea's Nuclear Regulatory officials, and the Blue House itself. The power struggle is slowly playing out, while the Korean public continues to suffer from Yoon's continuing arbitrary assaults on the rule of law.

Nuclear Contamination detected in underground water at Wolseong Nuclear Power site

(Image source: 포항MBC 화면 캡처)


On January 7, MBC Pohang reported that radiation is leaking at the Wolseong nuclear power site in South Korea. The Korea Hydro and Nuclear Power Co., Ltd. (KHNP) conducted an internal investigation last year, upon which the MBC report was said to be based. Underground water at ten locations on the nuclear power station site were examined. Radioactive tritium was detected in the water at all ten locations. The highest level detected was 713,000 becquerels, said to be 18 times the acceptable manageable level in a ground water sump underneath the Number 3 turbine building. The source of the radioactive leak has not been determined. It was also reported a level of 924 bequerels was detected 300 meters north of the restricted area around the nuclear reactors at the boundary of the Nuclear Power site. Independent experts have suggested that the deteriorating condition of concrete from facilities more than 20 years old as a possible source and a water barrier failure is suspected. The reported findings were described as "shocking," and the contamination of underground water was described as "pervasive."

(Image source: 포항MBC 화면 캡처)

The potential for the nuclear contamination to spread to the surrounding area through the underground water was acknowledged but the KHNP said that such spread had not been confirmed. Reactor number one at Wolseong, which began operations in 1983 was scheduled for shutdown in November 2022. The Moon Jae-in administration shortened the operational life of the reactor by shutting it down in June 2018 in accordance with his policy to move away from nuclear power as an energy source. There had been complaints by local citizens and environmental groups since tests of local residents allegedly revealed evidence of accumulation of tritium in human tissue in 2015, and reports of thyroid tumors in the local population. The November 2022 service life extension on Wolseong reactor one was the result of a locally unpopular ten year extension on the original service life expiration in 2013.

Incidentally, prosecutors from the Daejon District had previously arrested officials in the Moon administration on suspicion of destroying approximately 500 official documents to conceal improper administrative procedures for early closure of the reactor. Among those charged is ( 백운규 ) Park Oon-kyu former Minister of Industry, Trade, and Energy and officials from the Hydro and Nuclear Power office. Officials allegedly responsible for destruction of evidence and obstruction of the criminal investigation have been jailed. The investigation began before investigatory powers were taken from the offices under the controversial Prosecutor General and vested by legislative reforms in the police and the new Senior Public Official Corruption Investigative Council. The prosecutor's investigation is allegedly politically motivated and bases its allegation of an improper early closure of the Wolseong reactor exclusively on the purported "manipulation" of economic considerations to satisfy President Moon's policy goal. Critics say it is unprecedented in a democratic government for criminal prosecutors to interfere in what is a fundamental exercise of discretionary powers by the executive offices.

South Korean political pundits on the left have observed that there has been a virtual news blackout of the Wolseong radiation leak report in South Korean media. The political bias of the reporting is evident, as the premise of the current investigation and prosecution of nuclear officials in the Moon administration now appears in an embarrassing context of a breakdown of both safety management and material maintenance at the Wolseong facility and the need for closure of the reactor on reasonable safety grounds. In contrast to the Moon administration's decision to timely shut down the reactor permanently, the criminal investigation into the decision appears to be "unreasonable."

References:

‘월성원전 수사’ 소설쓰는 언론들, 충격적 ‘방사능 누출’은 함구; 승인 2021.01.08 12:11:16 수정 2021.01.08 15:08:09; [출처: 고발뉴스닷컴] http://www.gobalnews.com/news/articleView.html?idxno=31586

월성원전 방사능 누출. 문재인정부의 조기폐쇄결정을 옳았다; 시사건건 youtube, Jan. 8, 2021

경주 월성원전 방사능 누출.. 추가 오염 우려 (2021.01.07/뉴스데스크/포항MBC) youtube

South Korea to boost nuclear power? Seoul (UPI) Feb 20, 2012; https://www.nuclearpowerdaily.com/reports/South_Korea_to_boost_nuclear_power_999.html


생수 마신 5세 아이까지 피폭, 더는 살 수 없다; 경주 월성원전 주민 40명 방사성 물질 노출, 근본적 대책이 절실하다; 최종 업데이트 16.01.24 10:51, 글: 양이원영(wawayang); http://www.ohmynews.com/NWS_Web/View/at_pg.aspx?CNTN_CD=A0002177075
At the time the article was published, activists had been conducting a sit in front of the Wolseong Nuclear Power Office continuosly for 500 days.

There are some interesting facts in the article which focuses on the inadequacy of the Korean government's effort or lack thereof, to conduct epidemiological surveys of radiation levels in the human body and frequency of relevant cancers in the local population and the compelling need for such research. What is the acceptable safe limit of tritium in the human body? Obviously it must be different for infants and children. Pronouncements of alleged findings of the Korean nuclear power regulatory authority are compared unfavorably to analogous German findings. There is a chart showing the levels of tritium found in 40 persons in the vicinity of the Wolseong facility in 2015 expressed in becquerels per liter. The "official" South Korean limit was apparently established at 30 bec/ltr which all but one of the 40 tested persons were beneath. Also an interesting chart in the article is said to show that when the Wolseong No. 1 reactor was shut down for a period of time, the number of radioactive emissions at Wolseong went down significantly (but still remained well above other South Korean nuclear power stations). It is reported anecdotally that there have been numerous thyroid cancers in the area near the Wolseong reactor site. Also, the article said 20 percent of Ulsan residents were found to have significant levels of tritium in their bodies.

South Korea: Odd Behavior by Democratic Party Leader Lee Nak-yon?

Lee Nak-yon is one of the leading candidates for president in the next general election in South Korea in the spring of 2022. He was the democratic Prime Minister of South Korea until January 2020. He was elected to the 21st National Assembly April 15, 2020. Now he is the current party leader of the ruling democratic party in the National Assembly.

(Image source: SBS youtube 10.11.20) Lee Nak-yon calls for a strict and thorough investigation of the allegations related to the Optimus Fund. He said he would respond strongly to any false allegations.

Recently, out of the blue, Lee called for pardoning imprisoned former presidents of South Korea, Park Geun-hye and Lee Myong-bak. This proposal has thrown the democratic party into disarray. As if it weren't enough, after more than a year long prosecution of the former justice minister, Cho Guk, and his wife, attempts to curb the prosecutorial abuse and misconduct of Prosecutor General Yoon Seok-yeol are being resisted within and without government, and the current Justice Minister Chu Mi-ae has submitted an offer to resign to President Moon Jae-in. What all this means is that Moon Jae-in's central agenda to reform the criminal justice system, particularly the prosecution offices, to end the continuing corruption and abuse by the "republic of lawyers" appears to be going off the rails.

Lee's unexpected and untimely proposal of pardons for the two corrupt former presidents on the right, is associated with support for his run at the presidency at a 15 percent percent level, according to a poll this week. There is no benefit whatever to President Moon's office or his policies in presenting such a divisive issue now. It's a betrayal of the principles of Moon Jae-in's political career and the asprirations and sacrifices of his democratic party supporters, past and present.

It is likely that Lee like other potential presidential hopefuls has been targeted by Prosecutor Yoon's "division" in prosecution offices. Since October, Lee Kyeong-ho, one of Lee's close aides was under investigation for allegedly receiving an unreported contribution in violation of campaign finance laws in the form of use of a multi-function copier (in kind) from the scandal ridden Optimus Fund. The value involved appears to be less than 3000 dollars total for use over a period from February to May 2020. The case allegedly was referred by the Seoul Election Management Commission for investigation by prosecutors. In early December, when Lee's aide took a break from questioning during the investigation for dinner, he apparently commited suicide. The body was found later. According to one critic, Lee has been strangely quiet concerning the investigation and death of his aide. Earlier when questioned about the alleged campaign finance violation, Lee Nak-yon told the press, leaving the borrowed copier contributed by a staff member's "acqaintance" off the financial report was a mistake. Lee's deceased aide had previously been found guilty of a campaign finance law violation committed in 2014. The entire episode has a deju vu quality related to other politically motivated investigations under Yoon's dominion.

The countervailing development was that Prosecutor Yoon Seok-yeol himself was subject to investigation and discipline for professional and ethical violations by a disciplinary committee appointed by Justice Minister Chu. Although the committee's disciplinary hearing in Yoon's case only resulted in a two month suspension from his duties as Prosecutor General, it was hoped this would mark the beginning of his effective removal from office due to other circumstances discussed in our previous blog posts. Yet, this was not to be the case. Yoon filed for a court injunction to stay the decision, which was granted in another unexpected development, and Yoon is now back in the saddle to continue his investigative and prosecutorial attacks on his political rivals on the democratic side.

It appears as if Yoon may have found Lee Nak-yon's weak point. It's evident that the Optimus scandal was being spun away from the right, and in Lee Nak-yon's direction. Critics on the left of Lee's recent blunder in calling for pardons are fearful of outcomes in the upcoming Seoul and Pusan elections for mayor and want Lee to step down as party representative. It seems incompetent for Lee and a party communications representative to call for a party decision pro or con on the pardon issue. It's untimely, it's the responsibility of the current president rather than the National Assembly or presidential candidates to determine. Additionally, it distracts the party from the major reform efforts before it, pressing current economic and public health issues, and drives a wedge in the party ranks. There is literally nothing to be gained from taking up what is essentially a right wing cause celebre. Lee Myung-jae, the Gyeonggido governor and leading democratic presidential candidate (who recently experienced an unjustified prosecution and trial based upon contrived charges) said it was not appropriate for him to say whether pardons were in order, as it was exclusively a discretionary authority of the sitting president.

Yoo Sang-won, is the democratic candidate for Mayor of Seoul in the upcoming by elections. The current vacancy in the office is the result of another unjustified political investigation started by the prosecutor's office against Mayor Park Won-soon. The recently deceased Mayor was unjustifiably charged with sexual assault and sexual harrassment by his former secretary, who had worked for him for four years. After being notified of the charges under investigation, the Mayor committed suicide.* Mayoral candidate, Yoo Sang-won, currently a National Assembly member said he opposes any consideration of pardons because neither former president has expressed remorse or apologized for their wrongdoing. Secondly, the post trial litigation process in former president Park's case is not final. He said the rule of law must be recognized and carried out, and that he expected the will of the people as demonstrated in the Candlelight Revolution would be reflected in the outcome.

*See: Deceased Mayor Park Won-soon- Trial by Media in South Korea, 9.14.20; https://civilizationdiscontents.blogspot.com/2020/09/deceased-mayor-park-won-soon-trial-by.html

Sources:

홀스형의 시사건건 (youtube) 1.3.21; 이낙연 긴급최고회의 소집? 혹시 윤석열에게 무슨 약점이라도 잡혔나요? https://www.youtube.com/watch?v=ppiOxtOXaAw&t=901s

서울신문, 12.4.20; 이낙연 ‘옵티머스 복합기 의혹’ 측근, 숨진 채 발견(종합2보), 신진호 기자; http://m.seoul.co.kr/news/newsView.php?id=20201204500002

훨훨훨 Wol Wol Wol

사랑도 부질없어 미움도 부질없어
Love is vain, hate too is futile
청산은 나를 보고 말없이 살라 하네
The green mountain, sees me, and says live quietly!
훨훨훨 훨훨 벗어 버려라 훨훨
Flutter, fly away, cast off, fly away
사랑도 미움도 버려라 벗어라 훨훨훨
Love too, hate too, throw off, fly away
아~ 아~ 물같이 바람같이 살라 하네
ahh, ahh, Like water and wind, live.


탐욕도 벗어 놓고 성냄도 벗어 놓고
Leave greed behind, too, and throw away anger
창공은 나를 보고 티없이 살라 하네
The blue sky, sees me, and says live simply!
훨훨훨 훨훨 벗어 버려라 훨훨
Flutter, fly away, cast off, fly away
탐욕도 성냄도 버려라 벗어라 훨훨훨
Greed, too, anger too, throw off, fly away
아~ 아~ 물같이 바람같이 살라 하네
ahh, ahh, Like water and wind, live.
물같이 바람같이 살라 하네
Like water and wind, live.

orig song: Kim Jong-im

Injunction blocks disciplinary action against South Korea's Prosecutor General

A South Korean court has created turmoil on the left by issuing a preliminary injunction against the disciplinary commmittee's judgement that Prosecutor General Yoon Seok-yeol, violated his professional duties by improperly investigating judges and failing to the maintain political independence of his office. Other specifications charging his interference in cases where he, his family or subordinates had an interest, and therefore a professional conflict of interest were not addressed by the disciplinary committee. Yoon's petition for a injunction was grounded on a contention that he could not be suspended or removed from office by this disciplinary procedure because the Prosecutor General's office was intended to be independent of outside political interference as a constitutional matter. So it appears that the Prosecutor General's office is now some kind of "fourth branch" of government in Yoon's view. Before the injunction was issued many legal scholars regarded the petition for injunction as unlikely to succeed, particularly because Yoon was only temporarily suspended from office for a short period, two months, and was not barred from reassuming his position as Prosecutor General. Some democratic representatives in the National Assembly and Justice Party representatives are now calling for Yoon's impeachment. Justice Minister Chu Mi-ae, who initiated the disciplinary proceeding, nominally Yoon's superior, is also calling for his impeachment.

Some of the ruling Democratic Party in the National Assembly (174 seats) are calling for the impeachment of Yoon Seok-yeol. Democratic Party leaders however are calling for adherence to the legislative plan to reform the criminal justice process and the offices of prosecutors and judges by implementing the Public Office Corruption Committee, and the separation of investigative and prosecution decisions in law enforcement. The fear is that judges would not confirm a bill of impeachment and that the democratic administration would end in a fiasco. The leaders also wish to stay focused on the worsening pandemic situation in South Korea.

(Image Source- 열린공감TV) Chu Mi-ae Justice Minister of South Korea (left) and Prosecutor General Yoon Seok-yeol, her insubordinate subordinate.

Chu Mi-ae, the Justice Minister. tendered an offer to resign to President Moon Jae-in when the weak two month suspension decision against Yoon for professional misconduct came down from the disciplinary committee. Clearly, the administration was anticipating a stronger disposition such as dismissal from office. The disciplinary committee's determination suggests a compromise verdict acknowledging Yoon's professional misconduct but unwilling to take on the so called "cartel of special interests" dominating the prosecutorial and judicial branches. The committee left it to the courts to take on the so called "Yoon division," within prosecution offices, along with the media and chaebol interests on the right, supporting Yoon. Consequently, Yoon has returned to work and will continue his attack on the democratic administration by implementing new politically motivated investigations and prosecutions in the hope of toppling Moon Jae-in from power, and tarnishing any significant rival potentially running against him during the next presidential election.

Yoon has stated he is not by any means inclined to resign before the last day of his term of office as Prosecutor General in July 2021. His attorneys in the pending court litigation over the substance of the diciplinary decision said they would try to have it decided on the merits within four months. The timing is interesting because newly proposed legislation creating a cooling off period for judges and prosecutors of one year before they can run for office has been introduced in the legislature. So this would mean Yoon would have to resign by April, in order to run as the conservatives candidate for president in April 2022 if the law becomes effective. Also, Yoon's office intends to continue investigate and prosecute cases in which he has a conflict of interest, such as the Optimus and Lime Fund scandals. He also stated he will prosecute a politically motivated case challenging an agency decision to close a nuclear power facility as an abuse of power within the Moon administration. Supporters of the Moon government regard the nuclear power regulatoy decision as a discretionary function with no outward signs of impropriety, being used as part of a continuing course of conduct by Yoon to topple the democratic administration and in the interim to hamper its abilities to implement criminal justice reforms.

An article in Donga Ilbo, a conservative media source, loyal to Yoon, has alluded to Yoon's apparent "appreciation" for the judicial community's "unbiased decisions" despite Yoon's earlier work removing the Chief of the Supreme Court, Yang Seung-tae, for abuse of power related to former president Park Geun-hye's impeachment scandal.* It is equally as likely that judges and justices are intimidated by Yoon who has the backing of some of the most powerful chaebol leaders in South Korea, who themselves have been protected by Yoon's office from prosecution for various illegal acts and scandals. Among these are CEOs from the leading media cartels and industry. So the observation could also be construed a veiled threat, prominently displayed before the affair is concluded.

*윤 총장은 서울중앙지검장 시절 양승태 전 대법원장 등 고위 법관들이 연루된 이른바 사법행정권 남용 의혹 수사를 직접 지휘했는데도 법원이 집행정치 사건에서 두 차례나 선입견없이 판단을 해준 것을 놓고 주변에 사법부에 대한 고마움을 표시했다고 한다. 윤석열 “내년 7월 임기때까지 물러날 생각 없어”…소송 준비 만전; https://www.donga.com/news/Society/article/all/20201227/104653420/1

The trial of former Justice Minister Cho Guk and his family in the courts by Yoon's office is one of several examples of cases initiated and manipulated for political reasons in ways that are outside the scope of normal investigative and judicial processes. For example, Cho Guk's wife was indicted shortly after he was appointed Justice Minister with a mandate to reform the prosecution of political figures and senior government officials in South Korea to eliminate documented prior prosecutorial abuses. For this political reason both he and his wife were indicted. His wife, Chung Kyung-shim, a college professor with a serious disability, was jailed pending trial for six months. She was found innocent of four charges against her in the initial indictment filed in September 2019, which was issued without a formal prior investigation. Then last December after months of litigation, when she was found not guilty, the prosecution submitted a second indictment, based upon many of the same operative material facts. The protracted "first trial" ended last week with Professor Chung Kyung-shim found guilty last week of eleven charges in the "second indictment" in a stunning reversal. The case was manipulated at the whim of the prosecution as the defense raised effective defenses as to the state's case. The only bump in the road was the release of Chung from jail pending trial after six months when the court felt pre-trial confinement could no longer be justified. She is now again in confinement after the sentence of four years announced last week. One doesn't need to speculate much on what sort of pressures Yoon's office can bring to bear on judges who don't rule in the manner desired. The principal charge in Yoon's disciplinary proceeding was based on evidence he condoned unauthorized and unwarranted investigations into the backgrounds and personal and financial circumstances of sitting South Korean judges. Observers noted a similar practice during the dictatorship period of South Korean history.

It isn't a leap to view these developments as a prelude to a dictatorial rule by Yoon Seok-yeol in the not too distant future. But for the covid pandemic and the public health restrictions on political assemblies, hundreds of thousands of democratic supporters would be in the streets every weekend demanding Yoon's impeachment. The failure, thus far, to achieve or even recognize a legal limit on Yoon's power or the systemic social and political corruption it represents bodes ill for the future of the South Korean government. It is clearly headed down an authoritarian right wing path. Nevertheless, South Korean establishment right wing media cartels insist in an Orwellian twist, that these developments represent a warranted judicial response to democratic President Moon Jae-in's "despotism."

Biegun's last tour in Seoul characterized by self serving posture; US media's flaky leaflets campaign

In a December 10 article Yonhap News Agency described a talk given, in Seoul, by Deputy Secretary of State Stephen Biegun who played a significant role as the US envoy for negotiations with North Korea. In the talk Biegun made self serving remarks blaming North Korea for the failure of nuclear talks with the US to go forward:

Reflecting on the deadlocked negotiation process, he expressed regrets over North Korean counterparts missing opportunities just in "search for obstacles."

"Regrettably, much opportunity has been squandered by our North Korean counterparts over the past two years, who too often have devoted themselves to the search for obstacles to negotiations instead of seizing opportunities for engagement," he said.*

*Biegun says diplomacy 'best' and 'only' course to resolving N.K. challenges, Yonhap News, Dec. 10; https://en.yna.co.kr/view/AEN20201210007900325

Let's look at how Reuters characterized the state of negotiations between the US and North Korea on Dec. 4, 2020:

Talks over reducing international sanctions on North Korea in return for concessions from Pyongyang broke down in the wake of a summit between Trump and Kim in Vietnam in February 2019, which ended with no deal.

Biegun’s visit comes as incoming U.S. President-elect Joe Biden has promised to reset relations with Seoul, which have been strained by Trump’s demand that South Korea pay billions of dollars more for maintaining the U.S. troop presence on the peninsula.

Relations between the allies were also complicated by South Korean frustrations with U.S. objections to some of its efforts to engage with North Korea.*

*U.S. envoy to visit South Korea next week: sources, Reuters staff, Dec. 4, 2020: https://www.reuters.com/article/us-southkorea-usa-northkorea-biegun/u-s-envoy-to-visit-south-korea-next-week-sources-idUSKBN28E1Y7


Note the use of the passive voice, talks "which ended with no deal," rather than the US walked out of the Hanoi Summit in a stunt designed for world wide media play. The US showed up at Hanoi to present a list of expanded demands not previously discussed, basically throwing Beigun's hints at a flexible negotiating posture out the window. The US posture presented a transparent bait and switch manuever designed to bring Kim Jong Un to the table for another momentous photo op for Trump with no substance. The US walk out embarrassed and humiliated the North Korean leader and gave the leadership group in North Korea a lesson in US duplicity it will likely never forget. The following June 2019 summit at Panmunjom was similar media stunt less embarrassing for Kim, but similarly conducted on the US side as a media event for Trump with no substance. Clearly Beigun bears some responsibility for this.

Beigun's role as the head of the US negotiating working group which ostensibly was to lay the groundwork for negotiations with North Korea, essentially devolved to blocking or otherwise frustrating South Korean initiatives with North Korea. The South Koreans were warned "not to get too far out in front," and "to get on the same page," as the US. US envoys said there can be "no daylight" between US and South Korean approaches. South Korean initiatives to open the liaison office with North Korea, and their military agreements to lower tensions along the DMZ, Joint Security Area, and Northern Limit Lines were criticized. North-South plans to survey, restore, and use the east coast and west coast railways were effectively blocked by US sanctions threats. Obviously, South Korea wanted to reopen the joint production facility at Kaesong, and the Geumgansan resort in North Korea. At one point a South Korean envoy was told by Washington, "don't bother coming to Washington" if you are going to bring up these plans.

The current wave of US "human rights" manufactured propaganda aimed against North Korea, and indirectly at South Korean diplomatic initiatives that present the prospect of success in relations with North Korea, involves US dismay that the North Korean defectors it sponsors in South Korea can no longer send balloons, drones, or other materials over the DMZ to North Korea. According to US propaganda, the prohibition on these dangerous activities impairs the "free speech" of South Koreans in general. This is absurd. No one has the right to go to the JSA and yell or otherwise transmit their personal political messages to North Korea. One could imagine the response of guards at the JSA to such activities. Is that restriction a "free speech" violation? Obviously not. Military and civilian activities along the DMZ and NLL are subject to severe restrictions. All flights within 20 km of the DMZ are restricted, and in the Eastern region of the DMZ the restrictions are extended to 40 km.

The notion that private individuals have a right to send airborne objects over the DMZ is absurd and militarily provocative. One cannot use their own loudspeakers along the DMZ either. Neither can the South Korean government according to the agreements it has made with the North. These are reasonable time, place and manner restrictions rather than an encroachment on free speech. These restrictions were negotiated by the freely elected government of South Korea and the criminal offenses related to these acts were legislated by the National Assembly. These laws serve the end of reducing the tensions along the DMZ and reducing the chance of incidents that may result in deadly escalations. US criticism in the Congress, executive branch, VOA and other venues represents blatant US interference in South Korean sovereignty.

The notion that the US knows better how to reach to North Korean people, or even that it cares about the North Korean people is simply not credible. In any case, no one is stopping the US from broadcasting its incessant propaganda to North Korea via VOA Korea or RFA. Worse, the US position on this issue, presumes that it and its paid North Korean defector NGOs know better how to negotiate with North Korea than the freely elected government of South Korea. Direct contact with South Korea and South Koreans, through diplomatic channels, limited economic projects, tourism, cultural exchanges, sports events, humanitarian aid, and public health cooperation, represent the best way to open North Korea to initiatives to encourage peace, prosperity, human rights and a path to denuclearization in the North. This is obviously the preferable course rather than the coercive US maximum pressure approach which punishes the North Korean people, encourages hostility, and has as its ultimate object, regime change. One thing the Hanoi summit clearly demonstrated is that the US has no genuine interest in negotiation but essentially is stalling for time while praying the North Korean communist regime will collapse from the "maximum pressure" being applied.

The blog has reviewed in several instances the "step by step approach" to negotiations favored by four of the original six parties, North Korea, South Korea, Russia and China. Reciprocity in step by step negotiations builds mutual trust in contrast to the all or nothing, "one bundle" or so called "Libyan approach" favored by the US and Japan. The outcome of the Libyan approach is demonstrably predictable. Mr. Biegun's feigned US flexibility portrayed in his public statements proved to be little more than window dressing for a hypocritical US regime change policy of maximum pressure. Blaming North Korea is the go to position for failed US negotiators.

Addendum 12.22

Ironically 38North.org published an article by Olli Heinonen Dec. 18, disputing the contention that there is a Uranium enrichment facility at Kangson. The article suggests the facility could be for manufacturing centrifuge components but is not an enrichment facility. Oddly, the article states in an aside that there must be such a "third facility" somewhere, but doesn't provide a basis for this assumption.*

New Evidence Suggests Kangson Is Not a Uranium Enrichment Plant, OLLI HEINONEN, Dec. 18; https://www.38north.org/2020/12/kangson201217/

I'm taking note of the article because according to Thae Yong-ho a well known North Korean defector in South Korea, and now a conservative National Assembly representative, the existence vel non of the so called Kangson secret enrichment facility was a dealbreaker at Hanoi. (See our discussion: Thae Yong Ho Says Secret Uranium Enrichment Facility Dealbreaker in Hanoi, March 14, 2019). In Beigun's January 31, 2019, presentation at Stanford, during the question and answer period, Beigun noted the pitfalls of confusing intelligence assessments and priorities with diplomatic policy goals. Noting the potential problem beforehand seemingly had no impact on the outcome of the summit. Allegedly, the US side's eagerness to test a dubious intelligence theory nevertheless resulted in the Hanoi Summit's theatrical denouement.