Law on foreigners' political activity in JK Kim Dong-uk case called 'vague, ineffective'

By KTimes

Singer JK Kim Dong-uk, a Canadian national who publicly voiced support for President Yoon Suk Yeol following his indictment on insurrection charges, has been accused of violating Korea’s Immigration Act, which bans political activities by foreign residents.

However, critics argue that the law’s definition of “political activity” is overly vague and ineffective, raising concerns about its interpretation and enforcement.

Appearing on MBC Radio’s "Kim Jong-bae’s Focus" on Friday, attorney Ahn Jun-hyung said, “Article 17, Clause 2 of the Immigration Act prohibits foreigners residing in Korea from engaging in political activity, but the legal scope of ‘political activity’ has long been criticized as too ambiguous.”

The law also states in Article 46, Clause 8, that foreigners violating this provision may be deported from Korea. This means a foreign resident could face expulsion simply for engaging in political activities.

JK Kim emigrated to Canada during high school and now holds Canadian citizenship while residing in Korea. Since the Dec. 3 martial law declaration, he has repeatedly posted public messages on social media in support of Yoon.

An online user recently filed a complaint accusing him of violating the Immigration Act, and an investigation is now underway.

Ahn compared the clause to proclamations issued under martial law, saying, “If the law is applied as written, no political activity of any kind is allowed. This provision was originally established in the 1970s under Korea’s authoritarian regime to curb the political influence of the Chinese community here.”

Despite its existence, Ahn noted that the law has rarely led to deportations. “There are virtually no cases of foreigners being forcibly expelled for violating this law. The problem is that it remains vague yet ineffective.”

Concerns have been raised over whether political expression, such as JK Kim’s case, should be classified as political activity alongside direct participation in party politics.

Ahn said that while there have been no recent deportations, past cases show attempts to restrict foreign political participation based on the law.

“Between 2002 and 2004, immigration officials warned a Chinese national involved in China’s pro-democracy movement in Korea that he would be deported unless he ceased political activities. A German doctor supporting North Korean defectors also received a warning letter stating that he could be expelled.”

Ahn added that the law could be ruled unconstitutional if brought before the Constitutional Court. “Even if enforced, it would have to apply only to highly direct and threatening political activities.”

Regarding claims from far-right groups that a notice from the Chinese Embassy advising its citizens against political rallies was “proof of Chinese nationals participating in protests,” Ahn dismissed the argument as “comedic.”

He pointed out that other embassies issued similar warnings. “The British Embassy advised its nationals to avoid public gatherings after Yoon’s impeachment vote, and the U.S. Embassy also issued a notice on social media warning against attending protests due to Korea’s political instability at the time.”

JK Kim has consistently expressed support for Yoon through social media. He has also engaged in heated exchanges with fans who criticize or express concerns about his stance, continuing his strong endorsements.

After being accused of violating the immigration law, he expressed frustration, saying, "Since when did the Republic of Korea become a country that suppresses freedom of expression?" On Jan. 19, following Yoon's arrest, he stirred controversy by saying, "The rule of law in Korea is collapsing."

JK Kim debuted as a singer in 2002 and appeared on MBC's singing competition show "I Am a Singer." The Seoul Metropolitan Police Agency is investigating his case after taking it over from the prosecution on Jan. 24.

This article from the Hankook Ilbo, the sister publication of The Korea Times, is translated by a generative AI system and edited by The Korea Times.