Mi Sook Kang was arrested in Yanji by Chinese police officials and later detained because she attempted to seek asylum in China. Ho Seok Kim was also arrested by Chinese police officials while traversing the border between Mongolia and China to seek asylum in South Korea. They were both arrested without being presented with warrants and appropriate legal procedures. North Korea did not respond to the WGAD's request to provide more information on the three individuals. China responded that it did not have any information.
With regards to China, the WGAD found that the deprivation of liberty of Ms. Kang and Mr. Kim being in contravention of articles7, 9, and 14(1) of the UDHR are arbitrary and fall within categories I and II. With regard to North Korea, the WGAD found that the deprivation of liberty of Ms. Kang and Mr. Kim being in contravention of articles 7, 9, 10, 11 and 14 (1) of the UDHR and of articles 9 and 14 of the ICCPR, is arbitrary and falls within categories I and III.
The WGAD further referred the situation of Ms. Kang and Mr. Kim to the Special Rapporteur on the situation of human rights in the Democratic People's Republic of Korea and requested the two Governments, China and North Korea, provide it with more information concerning Ms. Kang and Mr. Kim.