An executive decree takes effect by Cabinet endorsement but does not require parliamentary deliberations. The government passed the revision bill in a Cabinet meeting on Aug. 14 and submitted it to the National Assembly on Tuesday.

The revision keeps the stipulation of Para. 2, Article 9 of the old law -- "South Korean residents must report to the Unification Minister beforehand if they want to contact a North Korean resident through a meeting, telecommunication or any other means." But the revision allows an exception: "But the South Korean resident who travels to North Korea may report on his contact with a North Korean resident later, or may not have to report it at all, if an executive decree so stipulates and if his contact with a North Korean resident naturally comes within the permissible range set by the issuing agency of his travel certificate." The current law requires South Korean travelers to the North to report after their contact with North Koreans "even under unavoidable circumstances recognized by executive decree." But the revision leaves room for tolerance even if South Koreans don't report their travel.

If the revision is passed by the National Assembly, it is likely to benefit Ahn Hee-jung, a younger-generation close aide to President Roh Moo-hyun. Ahn met with North Korean officials in Beijing last October to sound out the North's views on a second inter-Korean summit without reporting to the Ministry of Unification.

In making the draft public, Grand National Party lawmaker Eom Ho-sung said, "There are expressions, such as 'and so forth' and 'if an executive decree so stipulates,' in the exception clause of the revision. I'm afraid that this will allow the government to make as many exceptions as possible, not reporting contacts with North Koreans if at all possible. This would create a lack of transparency in inter-Korean relations depending on how the government formulates the executive decree."

In late May, the Unification Ministry sent copies of the revision to the ministries of finance and economy, of commerce, industry and energy, of justice, and the National Intelligence Service for review. The ministry called a meeting of officials from relevant government agencies on June 1.

Nam Sung-wook, a North Korea specialist at Korea University, said, "The government is attempting to enable inter-Korean contacts in a way that doesn't require reporting to authorities under an executive decree. I don't know yet how the government will formulate the executive decree, but I suspect it is trying to lay the legal foundation to avoid clandestine contacts it has had so far with the North being revealed to the public."

Jhe Seong-ho, a professor of law at Chung-Ang University, said, "If the revision is abused, nobody will know which South Korean officials have made what kinds of contacts with North Korean officials. This will likely incapacitate the National Security Law, which stipulates that those engaged in an act ‘benefiting the enemy’ through a meeting or telecommunication should be punished."

Lee Suk-yeon, the head of the Lawyers for Citizens, said, "This will pose a serious problem unless the government sets forth a clear-cut standard in the executive decree." But in its accompanying documents to the revision submitted to the National Assembly, the Unification Ministry said, "We expect the improvement in reporting requirements for contacts between South Koreans and North Koreans to facilitate smoother inter-Korean exchange and cooperation."

(englishnews@chosun.com )