SOUTH KOREA: Injuries of 42 workers by private security in absence of police action 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from the Dasan Human Rights Center, South Korea that thugs acting as private security contractors hired by a company had seriously beaten the trade union members while the police did nothing to prevent it. While the extreme violence was ongoing, the police stationed at the gate of the company and the officers at the nearby station were informed several times through emergency calls. However, no action was taken and this resulted in severe injuries to 42 workers.

CASE NARRATIVE:

According to the information received, union members of the SJM’s Ansan car parts plant voted for a strike and union leaders entered into a partial strike for four hours a day starting from July 12, 2012.

On July 25, the company, SJM, made a contract with a private security company and at 11pm, the security company informed the Ansan Danwon police station that it would deploy its security guards to the workplace at 6 am on July 27.

At 5pm on July 26, SJM informed the labour office that it would impose a lock-out of the Ansan workplace starting from 7am on July 27.

On July 27, three people from the company’s management and at about 300 security guards arrived at 4:25 am and started their operation around 5 am at both the main and back gates of the company. With heavily equipped security guards they entered into the plant and used extreme violence against the striking workers by throwing machine parts and spraying them with fire extinguishers. It took two hours for the security guards to evacuate striking workers from the workplace during which 42 of the workers (list of injured workers) were injured.

According to police records, the police received emergency calls three times (4:55 am, 5:01 am and 5:05 am) until they sent a police patrol car to the scene. However, the police failed to take appropriate action to intervene and prevent the violence. In addition, the police station received three more calls (5:23 am, 5:27 am and 5:27 am) informing that the police stationed at the gate of the company did not take any action while the security guards used extreme violence against the striking workers.

At 5:30 am, the head of the Ansan Danwon police station together with three companies of auxiliary police went to the scene. However, they took no action despite witnessing several workers running out of the company in obviously poor and injured condition. When being questioned, the officer in charge said, “We can intervene on request of the company. We only maintain our force”. They then left the scene.

When the violence perpetrated by the security guards towards the striking workers and the inappropriate action by the police became known to the public serious criticism arose. As a result the police started an investigation into the SJM Company and the security service company. In addition, the head of the Ansan Danwon police station was suspended on August 3.

Currently, the police investigation is ongoing.

ADDITIONAL INFORMATION:

The AHRC notes with concern this trend of privatisation of force and the acquiescence or aiding and abetting of the police. In fact, this is not the first case but has continued in various places of society notably, labour disputes or designated area of redevelopment as the AHRC has so far documented.

In 2008, a case regarding the union members’ freedom and labour rights at Kiryung Electronic Co. LTD (AHRC-UAC-237-2008), the AHRC reported how the police did not intervene while violent acts against the union by the private security contractors were ongoing. In 2009, the case regarding a death of a tenant during a land redevelopment dispute (AHRC-STM-253-2009) and explains how violent acts against residents, who were reluctant to move out, led to a tragic suicide of a tenant. In the case of SSangyong motor company in 2009, the police operated together with the private security contractors in order to forcibly disperse the workers on strike (AHRC-STM-158-2009).

The duty of the police is very clear in the law. According to article 3 of Police Act, the police authorities have a duty to safeguard physical integrity of nationals as well as to maintain public peace and order. Article 4 of the Act also states that law enforcement officers have to be impartial and fair while performing their duties. However, the authorities have shown a tendency not to be directly involved in a collision, between private security workers and civilians, where adequate protections are essential for the safety of people involved. Even worse, as shown above, with the due tolerance of the law enforcement agencies, the private security contractors have been using unauthorized private force without being controlled.

Private security contractors are currently regulated under Security Service Industry Act. According to the Act, the security service providers’ exercise of power is limited to preventing dangerous situations from occurring (Article 2.1). Privately hired security contractors also prohibited from exercising excessive physical force beyond their role (Article 15.2). The acts also set out that perpetrators who violate these provisions would only be imposed fine.

It is reported that the reason why the security service industries in South Korea have increased is that the financial benefit is much more than the sanction in receiving financial penalty. It is easy to change or register again even when its license is revoked due to the violation. In addition, the private security contractors do normally receive lenient punishment such as suspension of sentence or little fine.

SUGGESTED ACTION:
Please send a letter to the authorities listed below expressing your concern about this case and requesting thorough investigation of this case. Please note that the AHRC has also written separate letters to the Special Rapporteur on the rights to freedom of peaceful assembly and of association and on the use of mercenaries.

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