North and South Korea signed an agreement in 2004 governing entry and sojourn in the Kaesong Industrial Complex and the Mt. Kumgang resort. And Article 10, Clause 3 of the agreement ensures the basic rights of a person from South Korea who is being investigated. North Korea must first grant the Hyundai Asan employee his Miranda Rights. In the case of the two detained U.S. journalists, it has allowed a Swedish diplomat in Pyongyang to meet them at Washington's request. It would be clearly discriminating against the South Korean detainee if he is not granted such rights.

It is difficult to assess North Korea's motive in detaining and investigating foreign civilians and even seeking to put them to trial at a sensitive time when it is about to launch a rocket most people believe is a long-range missile and faces possible UN Security Council sanctions. In both cases, North Korea is applying its own rigid regulations against foreign civilians.

It must handle both cases according to the standards shared by the international community, such as respect for human rights and the guarantee of personal safety. Not only will this help it improve its image, it will also shield it from criticism that it is taking foreign hostages.

In an interview with the Financial Times on Monday, President Lee Myung-bak said he intends to keep the Kaesong Industrial Complex open to retain a window of communication with the communist country. But if the basic safety of South Korean citizens cannot even be guaranteed, the Kaesong Industrial Complex loses all rationale. The government must conduct a complete review of its preparations to protect citizens working in the Kaesong complex and strengthen weak areas.

Workers at the Kaesong complex and companies operating there must be extra careful. And we must once again weigh the merits and risks of doing business with North Korea.