SOUTH KOREA: Defamation against an activist by intelligence agency

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that on September 14, 2009 the National Intelligence Service (NIS) sued Mr. Park Won-Soon, a human rights lawyer and civil activist, for civil defamation requesting a huge amount of money in damages. The AHRC is concerned that defamation will be used by public authorities against activists in future to discourage criticism leaving the door open for the illegal activities of government institutions without proper investigations, which in turn will eventually result in restricting freedom of opinion and expression.

CASE DETAILS:

Mr. Park Won-Soon, a human rights lawyer and civil activist has been working for a non-government organisation (NGO) recognised as a social enterprise by the government in 2007. He was awarded the Magsaysay Award for public work in the Philippines in 2006. He is currently an executive director of a NGO called, “The Hope Institute“.

According to the information received, Mr. Park alleged that the National Intelligence Service (NIS) had carried out surveillance and inspections in violation of the National Intelligence Service Act while Mr. Park was doing interview with a weekly magazine, Weekly Kyunghyang on June 10 2009.

The NIS, in response to Mr. Park’s comments made during this interview, sued him for civil defamation on September 14. In the statement, the NIS stated, “(the) NIS has been accused of carrying out inspections which is an abuse of its authority due to Mr. Park’s false remarks”. The NIS claimed that he must pay KRW 200 million (around USD 170,000) in damages.

However, there has been no investigation into these allegations raised by Mr. Park but instead he now faces a defamation suit by the NIS.

ADDITIONAL INFORMATION:

After the case was filed, Mr. Park held a press conference on September 17 and provided details of the allegations of the illegal operation by the NIS. They are as follows:

1. Local public relations centre: The Ministry of Public Administration and Security and the Hope Institute were under a three years bona fide contract, however, the agreement was terminated in a year due to budget cuts. At the meeting of the board members held after the termination of the contract, upon closer examination of the termination of the contract and approved budget plans, the amount assigned for the following year appeared to be greater than the amount for the current year. After attempting to find out through various channels, including attempting to ask the director and vice-minister of the Ministry of Public Administration and Security, and even the secretarial office of Cheongwadae (the Korean presidential residence) as to why such was the case, the response received was that due to the fact that the decision was made at senior levels, they were not aware of the details.

2. Hana Hope Foundation: The government (The Ministry of Strategy and Finance & the Financial Services Commission) and Hana Bank were, with the cooperation of the Hope Institute in the midst of preparing funding support for small sized companies, and Hana Bank decided to fold the business of the Hope Institute. A few days later, it was announced that this business would be operated with Donga-Ilbo, a newspaper. Around two months later, senior officers from Hana Bank claimed that NIS officers started to intervene, and cooperation with the Hope Institute officers broke down. Mr. Park also heard this news via alternate avenues, and it became known that the NIS had indeed played a significant role in the intervention.

3. Details of the investigative inspection concerning Mr. Park and his associates:

a) One director of a foundation reportedly told Mr. Park that “investigators from the NIS were relentlessly questioning him for detailed information.”

b) Mr. Park heard from a person associated with a foundation that the NIS contacted the foundation registered under his name and asked about his salary, his role etc. at the organisation.

c) The NIS officers enquired into the activities of Mr. Park outside the scope of his official work.

4. A series of illegal inquiries by the NIS about Beautiful Store which is a social enterprise working for vulnerable groups that Mr. Park used to work with:

1) A branch of Beautiful Coffee Shop at a University: On April 2009, two days after the opening of the coffee shop at the University, NIS officers came to the general office of the University and asked as to why the university was supporting Beautiful Store. In particular, they inquired more about why the university supported the Beautiful Store providing money to a leftist group and whose staff were former student activists.

2) A bank supporting the Beautiful Store as a social activity: During June of 2009, an individual claiming to be part of the NIS contacted a representative at the Bank and asked “what kind of relations do you share with Beautiful Store for you to provide such a hefty sum of money over a long period of time?”

3) Mutual event in Gyeonggi province for lifetime educational centre: In May 2009, a spectator at a charity event meeting claimed that he “received a call from the NIS, and asked to refrain from proceeding with Beautiful Store’s festivals.”

In addition, Mr. Pak also alleged that progressive organisations were taken off the government’s list of supported organisations, and the NIS pressurised senior executives of a company to withdraw membership from it and further demanded key public institutions not to engage in work with lawyers from MINBYUN-Lawyers for a Democratic Society. With these examples, he further alleged that the NIS has systematically been involved in carrying out inspections.

SUGGESTED ACTION:

Please send a letter to the government authorities listed below, asking them to ensure the withdrawal of legal action against Mr. Park and for an investigation into the allegations of illegal activities of the NIS.

Please be informed that the AHRC has also sent a letter to the UN Special Rapporteur on freedom of opinion and expression calling for intervention in this matter.

To support this case, please click here: SEND APPEAL LETTER