VZCZCXRO3778
OO RUEHGH
DE RUEHUL #0083/01 0210844
ZNR UUUUU ZZH
O 210844Z JAN 10
FM AMEMBASSY SEOUL
TO RUEHC/SECSTATE WASHDC IMMEDIATE 6734
RUCPDOC/USDOC WASHDC 9612
RUEATRS/DEPT OF TREASURY WASHINGTON DC
RUEAIIA/CIA WASHINGTON DC//DDI/OEA//
RHHMUNA/USCINCPAC HONOLULU HI//FPA//
RUEKJCS/SECDEF WASHINGTON DC
RUEKJCS/JOINT STAFF WASHINGTON DC
RUEKDIA/DIA WASHINGTON DC//DB-Z//
RUEHMO/AMEMBASSY MOSCOW 0699
RUEHBJ/AMEMBASSY BEIJING 7166
RUEHKO/AMEMBASSY TOKYO 7230
RUEHGH/AMCONSUL SHANGHAI 1692
RUEHSH/AMCONSUL SHENYANG 5531
RUEHIN/AIT TAIPEI 4451
RUEHGP/AMEMBASSY SINGAPORE 7665
RUCNDT/USMISSION USUN NEW YORK 1928
RUEHGV/USMISSION GENEVA 0012
RUEHLO/AMEMBASSY LONDON 2304
RUEHFR/AMEMBASSY PARIS 2910

UNCLAS SECTION 01 OF 08 SEOUL 000083 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL PGOV MARR ECON KPAO KS US
SUBJECT: SEOUL - PRESS BULLETIN; JANUARY 21, 2010 
 
TOP HEADLINES 
------------- 
 
 
Chosun Ilbo, Dong-a Ilbo, Hankook Ilbo, 
Hankyoreh Shinmun, All TVs 
Court Declares "PD Diary" Not Guilty 
on Mad Cow Disease Report 
 
JoongAng Ilbo, Segye Ilbo, Seoul Shinmun 
Judiciary, Ruling Circles on Collision Course 
over Controversial Court Rulings 
 
 
DOMESTIC DEVELOPMENTS 
----------------------- 
 
A Seoul court yesterday cleared five production staffers of MBC TV's 
investigative program, "PD Diary," of charges of defaming government 
officials with false reports on the safety of U.S. beef and the risk 
of mad cow disease. The ruling runs counter to an earlier finding by 
the Seoul High Court. (All) 
 
The prosecution responded that the ruling did not make sense and 
that it will immediately file an appeal. (All) 
 
This ruling is likely to add fuel to an already escalating political 
dispute over a series of recent "not-guilty" rulings for urban poor 
activists, a leftist lawmaker and unionized teachers. (All) 
 
Defense Minister Kim Tae-young, in a Jan. 20 forum, said that Seoul 
would launch an immediate preemptive attack if it detects signs of 
possible nuclear aggression from North Korea. He also said that the 
transfer of wartime operational control from the U.S. to the ROK is 
a political promise between the two countries, so delaying the date 
of the transfer must be decided at a political level between the two 
countries. (JoongAng, Dong-a, Hankook, Seoul) 
 
 
INTERNATIONAL NEWS 
----------------- 
 
According to Radio Free Asia, the USG, via the Swedish Embassy in 
Pyongyang, is seeking consular access to a U.S. citizen (believed to 
be Korean American missionary Robert Park) held in North Korea for 
illegally entering the North. (Chosun) 
 
The (ROK) National Human Rights Commission, in a Jan. 20 report, 
said that an estimated 200,000 people are believed to be held at 
political prisoners' camps in North Korea and that those inmates are 
under constant threat of public execution, rape and torture. (All) 
 
 
MEDIA ANALYSIS 
-------------- 
 
-Haiti 
-------- 
The media continues to follow the situation in Haiti, which was 
struck again yesterday by a strong 6.1 magnitude quake. 
 
Conservative Chosun Ilbo carried an inside-page article entitled 
"U.S. Troops Take Control of Presidential Palace... Relief 
Operation? Military Operation?"  It said: "Since the U.S. military's 
action looks like a military operation, some Haitians and people in 
Europe and South America are wondering if U.S. troops are occupying 
forces.  Foreign news outlets in Haiti reported that the U.S. 
military's control of the area surrounding the presidential palace 
has sparked anger among patriotic Haitians." 
 
Right-of-center JoongAng Ilbo, in an article titled "Another 
Magnitude-6.1 Strong Quake; Haiti Afflicted with Fear" and 
sub-headed "U.S. Sends Fully Armed Helicopters; 'Takes Over' 
 
SEOUL 00000083  002 OF 008 
 
 
Presidential Palace," observed: "France, which once criticized 
massive U.S. troops deployed in Haiti as an occupying force, has 
taken a step backward.  French President Nicolas Sarkozy said that 
he has respect for the USG's swift action.... Some Haitians are 
protesting U.S. troops' control of the presidential palace.  A 
resident expressed his discomfort, saying, 'The presidential palace 
is the face and pride of Haiti, but the U.S. troops have taken it 
over." 
 
 
OPINIONS/EDITORIALS 
--------------------- 
 
SECOND ROUND OF U.S.-NORTH KOREA BILATERAL TALKS NEEDED 
(Hankook Ilbo, January 21, 2010, Page 39; Excerpts) 
 
By Kim Yong-hyun, professor of North Korean studies at Dongguk 
University 
 
The U.S. and North Korea should consider having the second round of 
the bilateral talks.  For an early resumption of the Six-Party 
Talks, U.S. and North Korean officials need to have a candid and 
sincere dialogue to narrow differences between both sides.  This 
time, North Korea's First Vice Foreign Minister Kang Sok-ju or Vice 
Foreign Minister Kim Kye-gwan would be well advised to visit New 
York or Washington.  Pyongyang should push for the visit to clearly 
show the international community its determination to resolve the 
nuclear issue. 
 
At the bilateral talks, both sides should not end their discussions 
until they settle differences over the lifting of sanctions against 
North Korea and its return to the Six-Party Talks.  At the second 
round of the bilateral talks, it is not right for the North to 
unilaterally demand the lifting of sanctions before its return to 
the Six-Party Talks or for the U.S. to pressure the North to rejoin 
the multilateral talks (with nothing in return.)  Negotiation is a 
give-and-take process.  If the U.S. and the North are determined to 
resolve the North Korean nuclear issue, they should take bold action 
in a give-and-take manner.  The U.S. and North Korea should find a 
compromise solution through a comprehensive approach. 
 
 
RIDICULOUS RULING 
(Dong-a Ilbo, January 21, 2010, Page 35) 
 
A court yesterday cleared staff members of the MBC investigative 
news program "PD Diary" of distorting U.S. beef safety.  Anyone with 
common sense must reject the ruling, however.  Judge Mun Sung-gwan 
of the Seoul Central District Court acquitted them on the charge of 
defaming public officials including former Food, Agriculture, 
Forestry and Fisheries Minister Chung Woon-chun, saying, "Though 
part of the program was exaggerated, the gist was in line with 
facts. So it cannot be seen as distortion." 
 
In the first and second trials of the staff, however, a civil court 
found that the program did fabricate facts.  The civil court said 
the program distorted information when it said "Downer cows are 
likely to be infected with mad cow disease" and "The possibility of 
Koreans being infected with human mad cow disease is 94 percent," 
and ordered MBC to air a correction. 
 
A criminal court can focus more on a crime's motive, but there not 
be a difference between the opinions of civil and criminal courts 
over judgment of fact.  The distorted report by PD Diary, which 
aired April 29, 2008, runs counter to the finding of the World 
Organization for Animal Health over U.S. beef safety.  It is 
perplexing that a judge from a lower criminal court ignored the 
civil court's ruling. 
 
On the program's staff members role in plunging the country into 
mass confusion, Mun said, "They made the program based on a wealth 
of evidence, including the opinions of experts at home and abroad." 
The judge did not question their mistakes, however, including the 
program's erroneous labeling of a downer cow as having mad cow 
 
SEOUL 00000083  003 OF 008 
 
 
disease in a video clip created by an animal rights advocacy group 
to raise public awareness of animal abuse.  He also ignored their 
failure to include in the report the opinions of authoritative 
organizations and experts on mad cow disease. 
 
The Seoul High Court ruled that the distorted report undermined the 
public's trust in, and reputation of, the Food, Agriculture, 
Forestry and Fisheries Ministry.  To decide whether an act is 
punishable, a court must prove that it was conducted with "real 
malice."  Mun's conclusion is unconvincing, however, since he said 
the report cannot be seen as a distortion and that the ministry's 
reputation and trust were not tainted. 
 
Public confusion has ensued amid a spate of court rulings that defy 
common sense.  In an unprecedented move Monday, the Korean Bar 
Association criticized the acquittal of Kang Ki-kap, leader of the 
Democratic Labor Party, of obstruction of government duties.  The 
court ruling said, "The logic applied to court rulings should be 
consistent with laws and common sense."  To this, Supreme Court 
Chief Justice Lee Yong-hoon said, "I will protect the independence 
of the judiciary."  This could be interpreted that such criticism by 
the association undermines the court's independence.  Nobody 
believes, however, that the Korean judiciary will be affected by 
such criticism.  Illogical rulings that contradict common sense are 
more dangerous than a dictatorship.  The rule of law will be upheld 
only when the judiciary makes sound judgments. 
 
(This is a translation provided by the newspaper, and it is 
identical to the Korean version.) 
 
 
PD DIARY VERDICT EXPOSES CONTINUED POLITICIZED PROSECUTION 
(Hankyoreh Shinmun, January 21, 2010, Page 31) 
 
A not-guilty verdict has been handed down for all members of the 
production team for the MBC show "PD Diary," which aired a segment 
reporting on the dangers of mad cow disease from U.S. beef.  The 
court ruled that the show's report cannot be viewed as deliberately 
misleading, and that it could not accept the prosecutors' claims 
that the operations of beef importers were disrupted and the 
reputations of the negotiating government officials were defamed as 
a result of the report.  This is a reasonable verdict.  The "PD 
Diary" case never could or should have been the subject of an 
investigation, let alone a lawsuit.  The court's ruling set straight 
the prosecutors' insistence on ignoring the Constitution and the 
law. 
 
In its verdict, the court dismissed prosecutors' claim that "PD 
Diary" aired an intentionally misleading report.  The court ruled 
that in consideration of measures taken at the time in the U.S. out 
of concerns about mad cow disease, as well as the opinions of 
experts, the content of the show's report was mostly true and, even 
if certain details were exaggerated, they could not be taken as 
intentionally misleading.  The prosecutors took certain translation 
errors or misunderstandings of the facts and acted as though the 
overall "PD Diary" report was distorted, but none of their charges 
was accepted by the court.  Even the credibility of the 
prosecution's main witness was not recognized, as the witness 
admitted to lying in court. 
 
This was the result expected for this court case.  Following the mad 
cow disease segment in April 2008, prosecutors set up a special 
investigation team to pressure "PD Diary," but even among their 
ranks, a number (of prosecutors) were saying that the investigation 
was unreasonable.  The head prosecutor of the investigation team 
resigned, claiming that the show's actions could not be seen as a 
crime.  After proceeding with their unreasonable investigation, 
which included a search and seizure conducted at MBC, the 
prosecutors did eventually press charges, but many speculated that 
the indictment was really intended only to attack the reporters, or 
as an object lesson to pressure media outlets to back off of their 
critical reports.  Another factor weighing into the farfetched 
prosecution was the strategic involvement of the government and 
conservative newspapers, which sought to blame the "distorted 
 
SEOUL 00000083  004 OF 008 
 
 
reporting" of "PD Diary" for the popular sentiments expressed during 
the candlelight vigil demonstrations.  That attempt came crashing 
down with this court ruling. 
 
The verdict is also significant in that it reaffirms the nature of 
press freedoms.  The court stated that the show's criticism of the 
beef negotiations falls under the category of freedom of reporting, 
a major component of press freedoms.  It also ruled that criticism 
of government policy should not be construed as having lowered the 
social position and authority of government officials.  The Supreme 
Court has already ruled that a considerable degree of criticism of 
government policy is allowed for the sake of constitutionally 
guaranteed press freedoms.  In so ruling, it clarified that critical 
reporting is a social duty and right of the press.  As a result, the 
prosecutors' petty logic of trying to prevent critical reporting by 
forcibly construing the criticism of policy as libel against 
individual public officials lost any credibility.  Also confirmed 
with this ruling is the fact that the Lee Myung-bak Administration's 
attempt to control the media is illegal and in defiance of the 
Constitution. 
 
Rather than taking this ruling as an excuse to criticize and protest 
against the courts, the prosecutors should instead take it as an 
opportunity for reflection.  The reason they have encountered so 
many not-guilty verdicts in recent cases that have been the subject 
of political and social attention is because they have continued to 
bring farfetched cases before the court with a disregard even for 
legal logic.  Some people even charge that when the prosecutors 
bring lawsuits even in cases where it is difficult to argue that a 
crime was committed, their intent is political harassment.  Even the 
heated disagreement between the prosecutors and courts, when you get 
down to it, is a result of this shameful behavior by political 
prosecutors. 
 
(This is a translation provided by the newspaper, and it is 
identical to the Korean version.) 
 
 
"PD DIARY" RULING SHOULD NOT BE SEEN FROM IDEOLOGICAL PERSPECTIVE 
(Hankook Ilbo, January 21, Page 39) 
 
A court yesterday cleared five "PD Diary" staffers of defaming 
government officials with false reports on the safety of U.S. beef. 
The court said in the ruling, "The contents of the program were 
within the boundaries of freedom of press." 
 
For some people in the ROK, this comes as an unexpected ruling. 
Prosecutors must have found the ruling unacceptable or even shocking 
because they had strongly claimed that MBC staff members 
deliberately exaggerated and fabricated facts about the safety of 
U.S. beef. 
 
However, the ruling should be respected as such.  We should not 
insult the judge or denounce the ruling based on individual ideology 
or judgment.  We also should not overestimate the decision.  The 
prosecutors can appeal if they do not accept the ruling. 
 
We are worried that some people will try to use this ruling as a 
catalyst to escalate our society's ideological conflicts.  However, 
the ruling did not depart from existing decisions by the Supreme 
Court, in which the media's critical stance in reporting on the 
government policy is considered part of its social responsibility 
and rights.  Even though the "PD Diary" report led to candlelight 
vigils and ignited conflicts between conservatives and leftists, its 
ruling is not different from existing decisions on other cases 
involving media reports.  The ruling should not be viewed from an 
ideological perspective. 
 
On the contrary, we should note that "judicial independence" is 
being upheld and the ruling is made based on law and conscience 
regardless of circumstances.  In addition, the ruling should pave 
the way for the media to take responsibility as well as provide a 
fair and balanced report. 
 
 
SEOUL 00000083  005 OF 008 
 
 
 
WHERE WAS JUDGE MUN WHEN SCHOOLGIRLS TOOK TO STREETS? 
(Chosun Ilbo, January 21, Page 39) 
 
Five Munwha Broadcasting Corporation production staffers were 
acquitted of charges that they defamed government officials with 
false reports on the safety of U.S. beef and the risk of mad cow 
disease. 
 
In April 29, 2008, "PD Diary" reported that "downer" cows are likely 
to be infected with mad cow disease.  The program also claimed that 
Koreans were genetically susceptible to the disease.  Moreover, when 
describing the case of Aretha Vinson, a woman who died of 
Creutzfeldt Jakob Disease (CJD), the program misinterpreted the term 
CJD as vCJD (the human form of mad cow disease). 
 
There are more than 50 downer symptoms and all downer cows do not 
have mad cow disease.  However, when the program aired a downer cow 
being dragged to a slaughter house, it misinterpreted an animal 
activist as saying, "People would not have known that this kind of 
cow is slaughtered," even though the activist actually said, "Many 
people would not have known that cows are slaughtered."  The program 
distorted an original quote "Suspected of abusing animals" into 
"slaughtering a cow suspected of having mad cow disease."  But Judge 
Mun saw these as just "some exaggerations." 
 
This exaggerated and fabricated footage prompted young mothers to 
take to the streets, and young schoolgirls to join protestors 
tearfully.  However, Judge Mun's ruling was that though some 
misinterpretation or exaggeration may have occurred, the contents of 
the program were within the boundaries of freedom of press.  We 
wonder what Judge Mun was doing and where he was in May to August 
2008 when the streets were teeming with young mothers and 
schoolgirls and unknown protestors cried, "Let's go to the Blue 
House." 
 
 
FEATURES 
-------- 
 
 
COURT ACQUITS 'PD DIARY' STAFFERS IN U.S. BEEF CASE 
(JoongAng Daily, January 21, 2010, Front Page) 
 
By Reporter Ser Myo-ja 
 
Five Munwha Broadcasting Corporation production staffers were 
acquitted of charges that they defamed government officials and 
obstructed the business of U.S. beef importers by broadcasting a 
controversial "PD Diary" episode about mad cow disease in 2008. 
 
Prosecutors immediately said they would appeal. 
 
Wrapping up a one-year investigation, prosecutors concluded in June 
last year that MBC staff members - four producers and a scriptwriter 
- deliberately created a biased report on the safety of U.S. beef 
and the risk of mad cow disease and thus defamed then-Agriculture 
Minister Chung Woon-chun and Min Dong-seok, former Deputy Minister 
and Chief Negotiator on the U.S. beef import deal. 
 
In acquitting the accused, Seoul Central District Court Judge Mun 
Sung-gwan, who presided over the single-panel trial, said that their 
reports cannot be considered false. 
 
"At the time, there were enough reasons to question the risk of mad 
cow disease and U.S. beef and have doubts about the government's 
negotiations with the United States to lift the import ban," Mun 
said.  "The reports took into account the opinions of experts and 
issued criticism based on those.  Therefore, it is hard to say that 
the reports had defamed Chung and others." 
 
The court also acquitted the five of obstructing the business of 
U.S. beef imports, again saying the reports were not false. 
 
 
SEOUL 00000083  006 OF 008 
 
 
The ruling runs counter to two earlier findings by the Seoul 
Southern District Court and Seoul High Court.  In June 2008, the 
Korea Communications Standards Commission ordered MBC to apologize 
to viewers for violating fairness and objectivity in the two 
controversial episodes. 
 
Later, the Seoul Southern District Court and the Seoul High Court 
ruled that MBC must run corrections concerning the episodes. 
 
"It is a ruling that granted the right to use spin in journalism," 
Noh Young-bo, a lawyer in the law firm of Bae, Kim & Lee LLC, said 
of yesterday's acquittal.  "It leaves a bad precedent for all future 
cases about distorted and falsified reports." 
 
"We will immediately file an appeal and correct this matter," said 
Shin Gyeong-sik, a senior prosecutor who had participated in the 
investigation.  "The evidence submitted to the court clearly showed 
that the production staffers intentionally distorted facts.  The 
accused and witnesses had also admitted to some of the distortion 
during the trial.  And yet the court said the reports were true, and 
that is not acceptable." 
 
Chung, the former Agriculture Minister who had asked the prosecution 
to begin the defamation case, also condemned the acquittal. 
 
"Isn't the ruing based on the judge's personal standards, rather 
than the law?" Chung said.  "If rulings differ between judges, how 
can people trust the judiciary, the last stronghold of democracy?" 
 
But Cho Neung-hee, the chief producer of the two mad cow disease 
episodes, welcomed the ruling. 
 
"It is the duty of the press to criticize and monitor those with 
power," he said.  "I don't think the acquittal means the end of our 
pain.  As long as the administration continues, our agony will 
continue, but we will endure it." 
 
MBC did not officially issue a position on the acquittal. 
 
The Lee Administration reacted cautiously.  "Our silence should 
speak for our position," said Park Sun-kyoo, Blue House Spokesman. 
 
Shortly after Seoul and Washington struck a deal to open the Korean 
market to a wide range of U.S. beef on April 18, 2008, PD Diary 
aired an episode titled "Emergency Report! U.S. beef, is it really 
safe from mad cow disease?" and ran a sequel two weeks later. 
 
The reports prompted massive nationwide public demonstrations, which 
later turned into an anti-Lee Administration campaign.  At the same 
time, criticism grew that MBC workers distorted facts, deliberately 
mistranslated and exaggerated threats of mad cow disease in relation 
to U.S. beef. 
 
The nation was split over yesterday's acquittal.  "Even if criticism 
toward the government's policy decisions has some factual errors, it 
should be allowed when the errors are not intentional," said Ahn 
Jin-geol of People's Solidarity for Participatory Democracy.  "The 
Lee Administration tries to punish those critical of the government 
at all cost, and the ruling shows that such an attempt won't work." 
 
 
"Press freedom was taken to the court in a criminal proceeding, and 
that is an act of infringement upon the media's rights," said Goh 
Gyeo-hyeon of the Citizens' Coalition for Economic Justice.  "The 
government and the prosecution must learn a lesson." 
 
But Kim Jin-su, spokesman of the New Right Union, disagreed. 
 
"MBC had internally admitted that the reports were distorted and 
exaggerated, and the entire nation suffered because of it," Kim 
said.  "But the court made a ruling that will confuse people's 
understanding of the law." 
 
 
 
SEOUL 00000083  007 OF 008 
 
 
ANOTHER MAGNITUDE-6.1 STRONG QUAKE; HAITI AFFLICTED WITH FEAR 
(JoongAng Ilbo, January 21, 2010, Page 12; Excerpts) 
 
By Port-au-Prince Correspondent Chung Kyung-min and Reporters Choi 
Ik-jae and Kim Han-byul 
 
U.S. Sends Fully Armed Helicopters; 'Takes Over' Presidential 
Palace 
 
The U.S. forces take control of Haiti's presidential palace. 
 
To date, the U.S. has deployed a total of 11,000 troops, including 
2,200 Marines, to Haiti.  It also dispatched USNS Comfort, the 
hospital ship equipped with operating rooms and beds, to the 
earthquake-ravaged nation to treat the injured.  The Comfort has a 
medical staff of 600, 12 operating rooms and 250 beds.  Other 
countries have also started providing aid in earnest.  Canada sent 
two warships and 2,000 soldiers to the towns of Jacmel and Leogane, 
south of the capital.  Italy, Spain, and Venezuela also plan to 
dispatch Navy vessels.  The UN Security Council has decided to send 
another 3,500 troops in addition to 9,000 peacekeeping forces 
already serving in Haiti. 
 
France, which once criticized massive U.S. troops deployed in Haiti 
as an occupying force, has taken a step backward.  French President 
Nicolas Sarkozy said that he has respect for the USG's swift action. 
 However, anti-U.S. President of Venezuela Hugo Chavez is still 
expressing concern about the U.S.'s large-scale troop deployment to 
Haiti.  He recently said, "The U.S. is trying to occupy Haiti on the 
pretext of relief aid.  The U.S. is an imperialist nation." 
 
Some Haitians are protesting U.S. troops' control of the 
presidential palace.  A resident expressed his discomfort, saying, 
'The presidential palace is the face and pride of Haiti, but the 
U.S. troops have taken it over. 
 
 
U.S. TROOPS TAKE CONTROL OF PRESIDENTIAL PALACE... RELIEF OPERATION? 
 MILITARY OPERATION? 
(Chosun Ilbo, January 21, 2010, Page 14; Excerpts) 
 
By Reporter Chung Byung-sun 
 
Since the U.S. military's action looks like a military operation, 
some Haitians and people in Europe and South America are wondering 
if U.S. troops are occupying forces.  Foreign news outlets in Haiti 
reported that the U.S. military's control of the area surrounding 
the presidential palace has sparked anger among patriotic Haitians. 
 
However, the Center for Strategic and International Studies (CSIS) 
says that the U.S.'s involvement in overseas natural disasters is a 
"40-year-long humanitarian tradition."  Since the Bhola cyclone in 
East Pakistan (present-day Bangladesh) in 1970, the U.S. has 
considered (its commitment to natural disasters) beneficial to its 
national interest, which is also stated in the 2006 Quadrennial 
Defense Review (QDR).  This is based on the judgment that in a 
disaster-stricken area, the military is more systematic and 
effective in carrying out a relief operation than any other group. 
In fact, the 2006 QDR places "stabilization" activities for 
humanitarian purposes on an equal footing with war fighting.  The 
U.S.'s Overseas Humanitarian, Disaster, and Civic Aid (OHDACA) also 
says in its manual that relief efforts in a disaster-hit area 
overseas are linked with the Department of Defense. 
 
 
IF THREATENED BY NUKES, SOUTH WOULD STRIKE FIRST 
(JoongAng Daily, January 21, 2010, Front Page) 
 
By Reporter Lee Min-yong 
 
Upon detecting signs of an impending North Korean nuclear strike 
against South Korea, South Korea would launch an immediate 
pre-emptive attack, South Korean Defense Minister Kim Tae-young said 
yesterday. 
 
SEOUL 00000083  008 OF 008 
 
 
 
South Korea could be crippled if the reclusive North strikes first 
with nuclear bombs, Kim said in an opening speech of the annual 
Northeast Asia Future Forum, which was held at the Westin Chosun 
Hotel in central Seoul. 
 
The forum was co-hosted by JoongAng Ilbo and the Hyundai Research 
Institute. 
 
"Even though controversy over the legality of launching pre-emptive 
strikes exists, there is a theory that allows a first strike against 
the North before it can make a nuclear attack," Kim said. 
 
"If it is not a situation where we can strike back after we are 
attacked, we have no choice but to strike first.  We have no choice 
but to do so if the North shows an obvious intention to attack with 
its nuclear weapons," Kim added. 
 
The minister earlier enraged the North when he mentioned a 
pre-emptive strike against the North during confirmation hearings as 
a nominee for South Korean chairman of the Joint Chiefs of Staff in 
¶2008. 
 
Kim also said the recent controversy over delaying the date of the 
transfer of wartime operational control from the United States to 
South Korea is a matter that must be decided at a political level 
between the two countries since it is a promise made between the two 
nations, adding, "The transfer issue is not one to be tackled only 
by the South Korean government but by an intergovernmental political 
agreement."  Kim said that both President Lee Myung-bak and the 
Defense Ministry are pondering the transfer issue. 
 
He also stressed, "In the worst situation, the wartime operational 
control would be handed over (to the ROK) in 2012, but the military 
prepares for the worst." 
 
The minister said the transfer does not mean a withdrawal of U.S. 
forces. 
 
"U.S. forces in South Korea are likely to be redeployed to other 
areas, including Pyeongtaek and Osan (in Gyeonggi) and Daegu, by the 
end of 2017 at the latest.  But the number of U.S. troops will be 
maintained at around 28,500," Kim said.  "Since more than a half of 
U.S. soldiers will be assigned to stay in South Korea for three 
years with their families, the U.S.'s assistance to South Korea will 
be reinforced." 
 
Kim said South Korea and the U.S. have been strengthening combined 
surveillance capabilities on the North's military status and 
movements. 
 
He vowed to immediately respond to provocation from the North, such 
as the naval clash near Daecheong Island on the west coast last Nov. 
¶14. 
 
"It is difficult to predict, but there is a possibility that the 
Six-Party Talks (aimed at dismantling the North Korean nuclear 
program) could be resumed following the progress in dialogue between 
the U.S. and the North," the minister said.  "North Korea is using 
both conciliatory and belligerent rhetoric.  We need to maintain a 
strong stance toward Pyongyang while holding the door open to 
dialogue." 
 
 
STEPHENS