Gaeseong Industrial Complex / Korea Times file

Expert claims sanctions on Pyongyang will not affect Gaeseong complex

By Park Jae-hyuk

The United Nations Security Council's (UNSC) adoption of a new sanctions resolution does not prohibit the resumption of the Gaeseong Industrial Complex, a legal expert here said Tuesday.

"Resolution 2371 does not ban foreigners from running businesses in North Korea," said Song Ki-ho of the Lawyers for a Democratic Society. "Although the resolution's article 13 specifies prohibition of opening new joint ventures with North Korea, the Gaeseong complex is not a joint venture."

Article 13 reads the United Nations shall prohibit both opening of new joint ventures and expansion of existing ones through additional investments, unless such joint ventures have been approved by the Security Council Committee in advance.

"If South Korean businesspeople directly pay wages to North Korean workers, they will not be subject to the resolution," Song said.

The lawyer also claimed the South Korean government should not be swayed by the U.S. government's stance against reopening the industrial complex in North Korean territory.

Grace Choi, a spokeswoman for the State Department's Bureau of East Asian and Pacific Affairs, told Voice of America (VOA) this week that "We support the 2016 decision to shut down the Gaeseong complex in the face of North Korea's destabilizing and provocative actions."

The spokeswoman's remark has been regarded as the U.S. government's official response to South Korean authorities and experts, who have claimed the exceptionality of the Gaeseong complex.

A South Korean high-ranking government official reportedly said last month that Seoul does not have any evidence that Pyongyang diverted wages of Gaeseong complex workers to funds for developing nuclear weapons and missiles.

"South Korea will be able to use the Gaeseong complex as diplomatic leverage to resolve the nuclear crisis," Song said. "Russia has been able to garner leverage, because the latest resolution allows coal exports from the Port of Rajin."

Article 9 reads that the resolution shall not apply with respect to coal transported through North Korea solely for export from the port of Rajin (also known as Rason).

"Article 28 calls for the resumption of the six-party talks to respect sovereignties of both North Korea and the United States," Song said. "Article 29 stresses peace and stability on the Korean Peninsula, as well as a peaceful solution to the situation through dialogue."

The attorney, however, emphasized the recent resolution should be fully complied with, urging Pyongyang to abandon its nuclear weapons.

Meanwhile, North Korea threatened Tuesday to take physical action in response to the UN's adoption of the resolution.