Appeal to Constitution
The Special Committee for the Kaesong Industrial Complex held its sixth general meeting in Seoul on April 20 and adopted a resolution to file a constitutional appeal.
Companies housed in the industrial complex claimed that the South Korean government’s shutdown of the industrial complex without their consent is in violation of the guarantee of property rights stipulated in Article 23 of the Constitution.
The committee is expecting that the constitutional appeal will bring a better result than a damage suit against the government for direct compensation. It is predicted that the constitutional appeal will urge the government to change its stance although little practical benefit is expected from it.
“We refrained from mentioning the issue during the recent general election campaign period,” said Jeong Ki-seop, head of the committee, continuing, “However, with the election completed now, we will take action in earnest so that firms in the complex can be relieved.” He added, “The government can infringe upon the people’s property rights only when the infringement is in compliance with law, and the shutdown of the Kaesong Industrial Complex is in violation of the Constitution since it is not in conformity with the rule.” He also said that the firms will protect their own rights in a peaceful way by seeking either compensation or operation resumption.