South Korea’s National Election Commission (NEC) is facing growing backlash over its aggressive enforcement of election law against Korean Americans in the United States, raising concerns about violations of U.S. sovereignty and free speech protections. Critics, including some in the Korean American community, are likening the NEC’s actions to China’s public security authorities, accusing South Korea of engaging in ‘China-style’ surveillance and law enforcement on U.S. soil.
NEC Cites Korean Law, Avoids International Law Questions
On May 11, the NEC issued an official response—two weeks after the initial inquiry—regarding the activities of overseas election officials dispatched to the U.S. The inquiry followed the NEC’s May 2 announcement that two Korean Americans in the Los Angeles area had violated the Public Official Election Act, referring the cases to law enforcement and issuing warnings.
In its reply, the NEC’s Public Affairs Office stated that overseas election officials are authorized to investigate election crimes under Article 218-28 and Article 272-2 of the Public Official Election Act, even while operating in the U.S. The NEC cited only Korean law to justify these activities, which may restrict the rights of Korean Americans and U.S. citizens.
However, when asked about potential breaches of international law or U.S. sovereignty, the NEC declined to respond. The Korean Institute of Legal Policy previously noted that such unilateral investigative activities by foreign agencies without local approval could infringe on sovereignty and violate international law.
Experts Warn of Legal, Diplomatic Risks
Under international law, any investigative activity by a foreign government agency inside another country’s territory requires a mutual legal assistance (Rechtshilfe) process. The Korean Ministry of Foreign Affairs also clarifies that Korean authorities are prohibited from conducting forced investigations targeting Korean nationals overseas. This is why police and prosecutors stationed at diplomatic missions, such as the Consulate General of Los Angeles, do not directly investigate or arrest Korean nationals, to avoid sovereignty conflicts.
Despite these legal concerns, the NEC maintained its position. When asked whether the U.S. Department of State or other American authorities had approved these enforcement activities, the commission responded that the information is classified under the Act on Disclosure of Information by Public Agencies and thus cannot be disclosed.
In response to questions about whether investigating U.S. citizens and local media organizations could violate the First Amendment, the NEC stated that its investigations comply with Korean law and are conducted with the consent of the individuals involved. It claimed that its actions avoid infringing on sovereignty by following proper procedures.
However, critics argue that the NEC’s emphasis on “consent of the parties involved” is insufficient, pointing to complaints from Korean Americans and Korean-owned media companies in the U.S. who said they felt coerced by aggressive contact from overseas election officials.
Korean Americans Demand Changes to Overseas Enforcement Practices
When asked about potential responses if Korean political party or candidate advertisements appear in U.S. newspapers like the Los Angeles Times or New York Times, the NEC replied it could not comment on hypothetical situations.
Members of the Korean American community are now urging reforms to the NEC’s overseas enforcement practices. Steve Kang, former chair of the Korean American Democratic Committee (KADC) and current member of the Los Angeles Board of Public Works, said, “The U.S. protects democracy and civil liberties through law. It is necessary to reconsider the overreach of South Korean officials in the U.S., especially when it involves restricting the activities of American citizens.”
Some Korean American leaders and community members have gone further, accusing the NEC of acting like China’s public security authorities, warning that the commission’s conduct resembles foreign surveillance operations targeting Korean Americans on U.S. soil, and risks damaging trust between the communities and both governments.
BY HYOUNGJAE KIM [kim.ian@koreadaily.com]
