North Korean tourism law sparks concern over visitor safety as South mulls travel resumption

A screen capture from Korean Central Television (KCTV) shows crowds of workers visiting the Wonsan Kalma coastal tourist area, which is reportedly bustling daily with visitors from across North Korea, according to a KCTV report on July 16. [YONHAP]

 
As the South Korean government considers allowing individual tourism to North Korea as a means of restoring inter-Korean ties, concerns are rising over the safety of visitors following revelations that the North enacted a tourism law two years ago that allows for criminal punishment of tourists who disobey government regulations.
 
The law notably prohibits so-called “reconnaissance acts,” which experts say could be interpreted arbitrarily by North Korean authorities to include even taking photos of certain subjects.
 
Pyongyang stipulates that tourists who fail to comply with relevant laws and regulations may not only face fines but also civil and criminal liability, according to the North Korean tourism law obtained by the JoongAng Ilbo on Wednesday.  
 
Enacted in August 2023, the law comprises 78 articles across nine chapters spanning 17 pages. It outlines the rights and obligations of tourists visiting the North, as well as the roles of organizations involved in tourism and general principles governing the industry.
 
Article 16 of the law details specific prohibitions for tourists, such as straying from designated tourist areas or separating from the tour group (Clause 8), engaging in reconnaissance activities related to national or military secrets (Clause 4), and falsifying personal health information and identities to the travel agency (Clause 7).
 
Violators may be fined between 10,000 and 100,000 North Korean won ($100 to $1,000), according to the law. Furthermore, Article 76 states that if a violation constitutes a crime, the individual may be held criminally liable under relevant provisions of the North Korean penal code — a clause that opens the door to possible arrest, detention, prosecution, trial and imprisonment.
 

North Korea’s state-run external media outlet Naenara reports on July 16 that a newly opened restaurant in Pyongyang’s Hwasong District, is gaining popularity. [YONHAP]

 
Clause 4’s ban on reconnaissance activities is particularly problematic, experts say, as it allows for broad interpretation by authorities. Given Pyongyang’s sensitivity to foreigners sharing negative depictions of the country on social media and other platforms, even a single photo could potentially lead to a prison sentence.
 
The North has a history of detaining foreigners under its criminal code. In January 2016, American university student Otto Warmbier was sentenced to 14 years of hard labor for allegedly attempting to steal a propaganda banner during a tour of Pyongyang. In 2013 and 2014, Christian missionaries Kim Jung-wook, Kim Kook-kie and Choe Chun-gil were sentenced to life imprisonment for alleged crimes including espionage and illegal border crossings.
 
Despite the South Korean government’s consideration of allowing individual travel to the North, some observers warn that without a clear resolution on the safety of South Korean tourists, including an investigation into past incidents, such plans are premature. 
 
One such incident is the July 2008 shooting death of South Korean tourist Park Wang-ja, who was fatally shot by a North Korean soldier near a restricted area in the Mount Kumgang resort zone. Pyongyang claimed she had entered a military zone off-limits to civilians, but it has refused Seoul’s repeated requests for a joint investigation.
 

A promotional image released by North Korea’s Korean Central News Agency for the Wonsan-Kalma Coastal Tourist Zone, a newly opened tourist site in North Korea [NEWS1]

 
The tourism law also confirms that the North Korean government exerts complete control over the industry. Article 7 states that “the state shall uniformly guide and oversee all tourism-related affairs, including the formulation, dissemination, implementation and review of tourism policy.” This centralization suggests that profits from tourism could flow directly to the Kim regime and other elites, raising potential concerns over violations of international sanctions, particularly those targeting funding for weapons of mass destruction.
 
“If the resumption of tourism is to be seriously considered, the North must first promise to prevent a repeat of the 2008 shooting and offer clarity on the circumstances of that incident,” said a researcher at a state-run think tank, who spoke on condition of anonymity. “While individual tourism itself may not violate sanctions, the possibility that revenue could end up in the hands of sanctioned entities complicates the matter.”

BY CHUNG YEONG-GYO [[email protected]]