Dear Ms. Arbour,
Re: Human rights trailing democracy in the Republic of Korea – legislation and labour rights concerns and the violent repression of demonstrations
On the occasion of the December 10, 2005 International Human Rights Day, the Asian Human Rights Commission (AHRC) wishes to raise some serious concerns regarding the human rights situation in the Republic of Korea. Concerning this, we have selected to draw your urgent attention to a limited set of issues concerning violations of rights, including: increasing police brutality and repression of demonstrations; the deteriorating labour rights situation; and Korea’s National Security Law.
In 2005, police brutality has caused serious injuries to citizens engaged in demonstrations, and notably one death. A farmer, 43-year-old Jeon Yong-Cheol, died as a result of his injuries on November 24, 2005 after being beaten by riot police during a rally in Seoul on November 15. The Republic of Korea has made significant headway towards respecting and realizing human rights and democracy in the last decade. However, Mr Jeon’s death and the police brutality towards protesters indicate that significant improvements are still required.
During the same rally, another protesting farmer, Hong Deok-pyo, was hit by riot police on his back-bone and neck-bone injuring his spinal cord and paralysing from the chest down. Another protestor, Kim Deok-yoon, remains in hospital after suffering severe beatings. At least two of Mr. Kim’s ribs and an arm were fractured; as a result he suffered haemorrhaging in the lungs. On the same occasion, around 150 persons were injured, eight of whom were injured severely. This was not an isolated incident in 2005 and there are various occasions where the police have brutally assaulted protestors in recent years.
The Republic of Korea continues to maintain restrictive provisions on the freedom of assembly. The worsening of police brutality in recent times has followed the government’s revision bill concerning the Law on Assembly and Demonstration of South Korea on 29 December 2003, which severely restricts the Korean people’s right to peaceful demonstration. Despite public outrage against such laws and police brutality, the government of Republic of Korea has not taken any effective steps towards improving the enjoyment of the rights to the freedoms of assembly and expression. There has also been NO effort by the Government to compensate victims of police assaults.
Another serious concern is the deteriorating labour rights situation in the country. The Republic of Korea’s rapid economic development has come at the expense of rights of millions of its workers. Attempts by workers to protests against violations of their rights have been met with violent repression by the police, and with other actions such as dismissals. The existence of criminal defamation provisions in the country’s criminal law works mainly to the advantage of large companies, which often resort to law suits against workers who are involved in trade unions. Up to 2004, there have been about 100 union leaders sued for an amount totalling about 6.8 million US Dollars by large companies. As the result of the workers’ inability to pay such large sums, most of them are sent to jail under the criminal defamation provisions in the law. One good example is the case of Mr. Kim Seong-Hwan, the President of Samsung General Trade Union who is currently serving a jail term due to criminal defamation. A Samsung company sued Mr. Kim after he revealed Samsung’s illegal practices against its employees. Although UN treaty bodies and the International Labour Organization have urged the government of Republic of Korea to allow greater rights for its workers and for the protection of theirs right to join trade unions and demonstrate, these calls have fallen on deaf ears. Therefore, there is an urgent need for greater international support, including from UN agencies, for the protection of workers’ rights in the Republic of Korea.
Another major concern is Republic’s National Security Law, which ensures the continued violation of many rights, including freedom of expression and freedom of association. In its jurisprudence dated 23 August 2005 (Communication No. 1119/2002: Republic of Korea), the UN Human Rights Committee has asked the Government to pay compensation to a student leader who was imprisoned for being a member of an “enemy-benefiting group” according to the National Security Law. The Human Rights Committee has recommended that the government amend its National Security Law, and the country’s National Human Rights Commission and many civil society groups have called for its abolition. The Human Rights Committee has also noted the broad interpretation and application of the provisions of the National Security Law, which often result in violations of human rights. However, this draconian law continues to cause fear for the South Korean people, bringing back dark memories of blatant human rights violations perpetrated under such laws in the country’s military dictatorial past. There is a need for greater international support for the abolishing of the Republic of Korea’s National Security Law.
AHRC has highlighted a number of human rights issues relating to South Korea, including, prolonged detention before trial, the absence of a law prohibiting and criminalising torture, the question of irregular workers, the rights of migrant workers and prolonged delay in adjudication of cases in the courts, as part of its special report on the occasion of the International Human Rights Day.
We trust that you will share in our concern for the human rights situation in the Republic of Korea and act accordingly to pressure the government for change.
Yours sincerely,
Basil Fernando
Executive Director
Link to the South Korea report: http://www.ahrchk.net/hrday/2005/pdf/HRDay-Korea.pdf
Link to AHRC’s 2005 International Human Rights Day page: http://www.ahrchk.net/hrday/2005/
Link to AHRC’s Human Rights Day Message: http://www.ahrchk.net/hrday/2005/05message.htm
