A written statement submitted by the Asian Legal Resource Centre (ALRC), a non-governmental organisation with general consultative status
SOUTH KOREA: Concerns about the freedom of expression and the possible resumption of executions
The Asian Legal Resource Centre (ALRC) is increasingly pre-occupied by the retreat of rights under the current government in South Korea. The country had previously been a rare example of progress of rights and freedoms in the region, but many of these gains are currently being reversed or are under threat, which will likely have a deleterious effect not only on the country itself but across Asia itself.
The freedom of expression: The protection of the freedom of expression in South Korea has been undermined significantly under the current government. For example, Mr. Lee Choon-keun, the producer of the Munhwa Broadcasting Corporation’s ‘PD Notebook‘ programme was arrested on March 25, 2009, before being released 48 hours later. Another producer, Ms. Kim Bo-seul from same corporation was arrested on April 15 and released after being held for some 47 hours. Both broadcasted information concerning the safety of importing beef from the United States of America and focused on the government’s inspection system in 2008. They were charged with criminal defamation by the former Minister for Food, Agriculture, Forestry and Fisheries.
In addition, Mr. Ro Jong-myeon, a union leader from the YTN–24 hour News Channel, who protested against the appointment of a new CEO by President Mr. Lee Myung-bak, was dismissed along with five other union members on October 6, 2008. Thirty three members of the union received disciplinary punishment at that time. The workers went on strike leading to the union leader being arrested for obstruction of business on March 24, 2009 and released on April 2, after both the union and the company agreed on April 1 to withdraw all cases filed against each other. The agreement did not include the six members’ reinstatement.
Restrictions on the freedom of expression have been imposed not only on journalists but also on persons who express their opinions on the internet. Mr. Park Dae-sung, a blogger also known as ‘Minerva’ was arrested and detained for publishing articles on the internet, notably concerning the gloomy predictions about the future of the Korean economy. The prosecutor had him arrested for distributing false information on the internet, accusing him of “impeding public interest” under article 49(1) of Framework Act on Telecommunications as the result of two of his articles. He was sentenced to one and a half months imprisonment. The Seoul District Court, however, released him on April 20, 2009, but the prosecutor appealed this decision on April 24. The arrest of a well-known blogger has had a negative effect of the freedom of expression. As a result, many bloggers have stopped publishing on the internet and have deleted all their previous content out of fear of arrest and prosecution.
Despite recommendations by the UN Human Rights Committee for the government to repeal or abolish the National Security Act, this is being used with increasing frequency. Mr. Choi Bo-kyung, a history teacher at Gandhi Alternative Elementary School, was prosecuted under the Act in August 2008. Due to the absence of witnesses for the prosecution, the case has been pending since then. The application of the Act by prosecutors has been arbitrarily applied depending on the will of government.
Since the candle light protests in May 2008, several bills that will likely further undermine the freedom of expression have been introduced without adequate public discourse. They include measures to expand the number of internet portal websites that have to adopt a ‘self-verification identity system’ that registers the identity of users; the creation of a new form of illegal act, known as a cyber insult, concerning which legislation was introduced by a member of parliament, a former judge; as well as the amendment of the Protection of Communications Secrets Act, which now allows government institutions to conduct wiretapping whenever they deem it necessary.
The government must halt all attempts to restrict media freedoms through the use unjustified legal actions against journalists that are simply performing their professional duties and roles. The government must immediately halt the use of criminal defamation and ensure it is abolished without delay. All legislation that is not in line with international standards relating to the freedom of expression must be reviewed and modified. The National Security Act in particular must be abolished and replaced by an amended Criminal Procedure Act. Finally, the system under which bills become laws must be closely studied and improved to ensure that there are safeguards to prevent laws being created that undermine the freedom of expression and South Korea’s other obligations under international human rights law.
The death penalty: Internationally, the previous government abstained when voting took place on UN General Assembly resolution 62/149 on December 18, 2007, concerning a moratorium on the use of the death penalty. There are currently 59 persons in death row in the Republic of Korea. South Korea has not carried out an execution since December 30, 1997 and had not been expected to despite its abstention. Despite previous governments’ stated will no to carry out the death penalty, there is growing concern that the current government will resume executions, in another example of the country’s retrogression concerning human rights.
There have been efforts since 1999 by politicians to abolish the death penalty. While several bills concerning the abolition of death penalty have been introduced, they have been discussed but not passed into law as yet.
However, since a notorious serial-killer case temporarily galvanized public opinion, the new government and the ruling Grand National Party, have repeatedly stated that the government may consider renewing executions. Mr. Kim Kyung-han, the Minister of Justice, who is authorized to order executions, revealed, “[I] seriously consider its execution.” Even though the government said the discussion on reinstating the death penalty is based on public opinion, it is believed that the government is manipulating outrage concerning the serial killer case to enable it to resume executions. In fact, an official from the presidential Blue House, has been found to have leaked information about the accused in the serial killer case that it is believed was performed with the intention of stoking public opinion. Even though this was exposed, leading to official denials and the resignation of the official involved, serious concerns remain about the current government’s intentions and methods.
Despite concerns expressed by many in South Korean society, including a statement issued by 134 professors of criminal law nationwide, the government has so far failed to take the initiative to abolish the death penalty and instead appears set on reinstating it. While the death penalty may be a legal option for States, it is a cruel and flawed practice that studies have shown is ineffective in providing a deterrent to criminals and often results in irreversible travesties of justice in even the most advanced legal systems. The death penalty inevitably gives rise to grave human rights violations by the State and should therefore be abolished.
As a member of the UN Human Rights Council, the government is expected to protect and promote human rights to the highest possible standard, and the ALRC is of the view that the government of the Republic of Korea should set an example by abolishing the death penalty and ratifying the second optional protocol to the International Covenant on Civil and Political Rights concerning the death penalty, without delay.
