0
/ Getty Images Bank.

"I do not have the money to pay a fine. Please sentence me to probation instead."

A, a North Korean defector, was put on trial for violating the Inter-Korean Exchange and Cooperation Act after sending 3.8 million won to family members remaining in North Korea for living expenses. Although the prosecution sought a monetary fine, A could not afford the cost of hiring a lawyer, let CEO alone the fine itself. Consequently, A pleaded with the court for a prison sentence with probation instead of a fine—choosing a penalty that leaves a criminal record over one that does not, solely due to financial destitution. In general legal terms, probation is considered a significantly heavier punishment than a fine. Following a legal battle that dragged on for over two years, the court ultimately sentenced A to a prison term suspended with probation.

While they have resettled, their adaptation is far from over. An increasing number of North Korean defectors face legal disputes while adjusting to the laws and systems of South Korea but fail to receive adequate legal assistance. Experts point out that a combination of economic hardship and a lack of information is creating another layer of alienation before the law.

The vast majority of defectors lack the financial means to retain private defense attorneys when legal issues arise. Many are unaware of the free legal aid programs provided by the Ministry of Unification, or simply cannot afford to take time away from earning a living to attend consultations. As a result, many navigate the entire process from investigation to trial without sufficient legal counsel.

Another defector, B, stood trial for violating the Inter-Korean Exchange and Cooperation Act after distributing dried pollock and octopus brought from North Korea to fellow defectors and receiving a small token of appreciation in return. Although it was not a commercial sale intended for profit, B ended up having to contest the legality of the act in court. An official from the North Korean Refugees Association explained, "There are quite a few cases where everyday transactions lead to criminal charges simply because individuals are unfamiliar with the differing legal systems of the North and South."

Criminal organizations also exploit the financial vulnerability and lack of information among defectors. C handed over personal identification after being told, "You can make money just by lending your name." That identity was subsequently used to open illegal anonymous bank accounts and mobile phone lines. The court held C legally accountable, ruling that lending one's name carries a high risk of facilitating subsequent crimes such as voice phishing.

Support groups explain that many defectors cannot afford private attorneys and remain unaware of available legal aid services. For those working long hours to sustain their livelihood, even scheduling a weekday consultation presents a major hurdle.

According to data compiled by the Ministry of Unification, the number of legal consultations provided to North Korean defectors stood at 909 in 2023, 1,216 in 2024, and 1,013 last year. This year, 413 consultations were recorded through May. The government and related institutions currently operate regular legal clinics, attorney referral services, litigation representation and criminal defense through the Legal Aid Corporation, and a public defender system. The Korea Hana Foundation's comprehensive counseling call center also provides basic legal information and connects individuals with lawyers.

However, the Ministry of Unification stated it has no plans to introduce a dedicated public defender system for North Korean defectors that would offer legal services from the initial stages of resettlement. Defector support groups collectively argue that the current system is limited in its preventative role because it focuses primarily on post-incident counseling and defense referrals. A human rights lawyer noted, "One-off legal consultations are insufficient to resolve the diverse legal challenges faced by defectors who are unfamiliar with South Korean laws and institutions."

On days when trials involving defectors are held, fellow defectors often gather at the courthouse. Their goal is to ensure that their peers do not have to stand alone in the courtroom, even if they cannot provide legal defense themselves. Those filling the gallery comfort the defendants after the proceedings and occasionally appeal to the court for leniency. In a reality where adequate legal assistance is scarce, they have become each other's final safety net.

"North Korean defectors frequently encounter unexpected legal problems while adapting to South Korean society," said Kim Yong-hwa, head of the North Korean Refugees Association. "Rather than offering one or two consultation sessions after an incident occurs, we need a system where dedicated attorneys who understand the unique circumstances of defectors can provide continuous counseling and legal support."

                                                                                                           Kim Tae-hoon 

                                                                                                           Choi Min-jun