27.1

Summer

2026

This Comment addresses the rapidly changing legal landscape of South Korean leafleting: the practice of sending pamphlets into North Korea. Since its inception during the Korean War, the practice has been used both by the South Korean government and private parties as a propaganda device. In recent years, however, privatized leafleting has become an increasingly politically divisive instrument and its legal status has vacillated between presidential administrations.
This Comment begins by examining the historical development of leafleting (Section II) and the legal arguments regulating its practice in an effort to demonstrate the relatively high administrative cost of current regulations (Section III). The modern rendition of leafleting—as a privatized practice that sends anti-North Korean materials, religious documents, and aid supplies—is traced from its military origins and new trends, specifically a growing international interest in leafleting, is examined. Section III discusses the current regulatory landscape with a particular focus on the last five years. This Comment argues that despite these changes and a seemingly new change in direction at regulating leafleting under the new presidential administration, several underlying themes (invocation of national security concerns and regulation via amending existing frameworks rather than proposing completely new laws) reveal legal consistency.
Next, the Comment delves deeper into the existing legal scholarship regarding leafleting by focusing on the constitutional issues that supporters of leafleting allege are infringed by the new regulations (Section IV). This begins broadly with the general legal implications arising from privatized leafleting and narrows to specific constitutional issues (free speech and freedom of religion) before returning to the current state of leafleting due to the most recent laws (leafleting is essentially on a hiatus).
In Section V, this Comment assumes that the current administrative laws regulating leafleting are insufficient and instead highlights both a potentially new loophole with the use of non-Korean actors and the underreported emergence of foreign influence on leafleting. Rather than offer a polemical or apologetic argument for the legality of leafleting, this Comment proposes an alternative regulatory regime that focuses on the funding behind leafleting operations, rather than the mechanism or practice of leafleting itself. This Comment argues that regulating foreign funding for leafleting under the classification of “political activity” would more efficiently restrict the practice while also following precedential themes of national security and amending existing legal frameworks rather than creating new ones.

Despite the enactment of the Nth Room Prevention Act, digital sexual violence remains a pertinent issue in South Korea, with instances of such crimes continuing to increase. A key factor of this increase is jurisdictional: much of the crime takes place on encrypted overseas platforms such as Telegram and Signal. Focusing mainly on the crime of sextortion, this Comment presents suggestions to mitigate the jurisdictional enforcement issues. The Comment begins by providing an overview of Korea’s existing legal frameworks on digital sexual violence, examining the digital sexual violence laws pre-Nth Room Act, the revisions promulgated by the Nth Room Act, and the merits and limitations of the amendments. The Comment then engages in a comparative analysis of other countries’ laws addressing digital sexual violence, focusing on how they interact with encrypted overseas platforms. Through this analysis, the Comment draws ideas for domestic reforms Korea can implement. The Comment also analyzes international law regimes Korea can utilize; specifically, the Budapest Convention, Mutual Legal Assistance Treaties (MLATs), and the complaints mechanisms pertaining to the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). It further addresses concerns that increased enforcement of digital sexual violence regulations over encrypted platforms can present, namely the possible intrusion on privacy and freedom of expression rights. The Comment concludes with a proposal of concrete legal measures, both domestically and internationally, that the Korean government should implement.

I. Introduction