Supporters of Yoon, a former prosecutor who won a close election in March vowing to get tough on Pyongyang after years of failed diplomacy, say he is simply trying to solve the cases.
“It would be a bigger problem if prosecutors chose to ignore the allegations and bury the cases fearing it would be called a ‘political investigation’,” Shin Yul, a professor at Myongji University, told AFP.
“REALISTIC APPROACH”
Legal experts say the cases have exposed contradictions in the country’s constitution.
Trying the fishermen in South Korean courts would have been unprecedented, as it was unclear whether local courts had jurisdiction.
One clause of South Korea’s constitution describes the country’s territory as “the Korean peninsula”.
Yoon has suggested that clause meant the men should have been considered South Korean citizens and tried at home.
But the next clause pledges to work for “peaceful reunification” with the North, recognising the reality that there are two distinct countries on the peninsula.
“Seoul has to take a realistic approach when dealing with the North,” said Kim Jong-dae of the Yonsei Institute for North Korean Studies.
Yoon’s administration has accused Moon’s government of sending the fishermen “straight to death row” by repatriating them to the North.
But critics say the president has prioritised “revenge politics” over dealing with more pressing policy issues such as spiralling inflation and a plunging currency.