Park and South Korea’s Unification Ministry, which handles inter-Korean affairs, did not immediately comment on the court’s decision, which immediately invalidated the law. Park and other activists could still be blocked by police in situations where their leafleting activities are seen as risking the safety of South Koreans living in border areas, the court said.
Citing the tensions between the rival Koreas, the court acknowledged that the law was based on legitimate concerns about the safety of South Korean residents in border areas. The majority opinion said the government still would have the ability to keep the activists in check, including police monitoring and intervention, but that it would be wrong to hold the activists responsible for damage and danger directly caused by North Korean provocations.
In his latest launch, Park said he flew 20 balloons carrying 200,000 leaflets and 1,000 USB sticks from a South Korean border island last Wednesday.