SOUTH KOREA: Police allow thugs hired by a company to assault protestors

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from MINBYUN-Lawyers for a Democratic Society that thugs hired by a company and members of its staff assaulted workers and demolished their temporary tents while they were asking for reemployment. The workers have been holding a protest near their company for over three years. However, even though the police were present they did not intervene in the violence and let it continue unabated.

CASE DETAILS:

The workers of Kiryung Electronic Co. LTD who were dismissed in 2005 held a protest in a public place located near the company. Ms. Kim So-yeon, 38 years old, leading the protest held a hunger strike for 94 days asking that the employees be reemployed. As a result of her long hunger strike her weight dropped down to 36 kilogrammes with most of her internal organs have suffered damage. She was taken to hospital on September 12.

Once the news of this situation was made known to the public, several civil activists and university students made relay hunger strikes for a day. They wanted to bring pressure to bear on the company so that Ms. Kim So-yeon and other temporary workers who were dismissed would be given work on a regular basis. Individuals and other colleagues have also joined this protest with the workers. Some journalists have been broadcasting 24 hours a day throughout the media.

Meanwhile, members of Parliament offered to support mutual communication but negotiations failed since the company has refused to reemploy the workers.

According to information received, at 3 am on October 15, three heavy-duty-trucks went inside the premises of the company and loaded a container. They came out surrounded by about 50 persons, the so-called ‘saving company group’ consisting of company non-union members. When union members and others, totaling 10 persons asked where the trucks were heading, they were scolded and subjected to filthy language.

At around 5am, the non-unionists went up to the roof- top security office where Kim So-yeon stayed, and tore down her tent. They assaulted union members, blocked four journalists from taking part, intimidated them and attempted to drive them off the roof. They took away a cable which transmitted material to a notebook computer. While he was objecting to these actions, Mr. Shin Hyun-won was assaulted.

At around 6:50am, a group of 70-80 persons including the thugs hired by the company exited all in a straight line. They were led by Mr. Kim Young-chang and Mr. Park Dong-joon, wearing white gloves. It was at this point that they began to indiscriminately assault the union members and their supporting civilians. In this melee, Kim So-yeon and Ms. Yu Hung-hee were beaten, hoisted and thrown into the air. Kim so-yeon fell, unconscious, and was brought by ambulance to the hospital. He suffered a broken rib.

At this point two other tents were demolished and a container used for the protest was moved 50 meters away. When Mr. Yoon Jong-hee objected, he was pushed down and severely beaten. During the assault, they forcibly held Mr. Lee Ki-joo’s arms behind his back. As a result of this restraint, a ligament in his arm was damaged. He reported this to the police several times but they have not taken any action on this violence. The thugs continued to block journalists from taking photos, damaged their camera’s tri-pod, and confiscating a microphone worth 300,000 won (around USD 228) together with a hidden microphone which they threw away.

At 9am, as union members and civilians were holding a planning session, the thugs came and asked them to move away saying that they wanted to hold an assembly themselves. They then assaulted the civilians with fire extinguishers. Ms. Park Soo-jeong was hit in the back and her glasses broken.

At 3pm, several people came to join the scheduled press conference to be held in front of the company. At 3:20pm, a car exiting from the company raced toward the area of the press conference. As people objected to the intimidation going on, the thugs again assaulted and intimidated people.  They attacked a 60 year old man. Mr. Yoon Hyun stepped in front of him to protect him, but was shoved so that he fell down. After the company car left, some thugs continued beating up the old man. Mr. Yoon Hyun again complained, again was pushed and again fell to the ground. The result of all this violence was that Hyun’s leg and wrist were broken and he suffered a cerebral concussion.

It was irrelevant to inform the police because from 3-4am some 10 police officers had already been dispatched around the company. However, they took no action. Before Kim so-yeon was forcibly thrown into the air, she asked the police for their help to intervene in the violence. They did not intervene, and she was threatened that she would be arrested as a criminal taken in the act of committing a crime.

ADDITIONAL INFORMATION:

Ever since the government of South Korea came under the influence of the International Monetary Fund (IMF), the number of temporary workers has dramatically increased. A part-time worker receives only 50-60 percent of a regular worker’s salary and is easily dismissed by an employer. Punishment is lenient in these cases, and the company, even when found to be in violation of the law, prefers to pay a fine for illegal dispatch of employees.

Noting this kind of discrimination against temporary workers, the government amended the law collectively called “Protection of Irregular Workers Acts”. The law consists of three separate laws such as the Act on Protection of Temporary Workers and Part-time Workers, the Act on Protection of Dispatched Workers and the Act on Labour Relations Commission. The Acts have been in force since July 1, 2008.

The number of irregular workers in the country is now about 8.7 million. The dismissal of contract workers has increased and camouflaged contracts have expanded for this reason.

BACKGROUND INFORMATION:

In 2005, the Ministry of Labour decided the Kiryung Electronics Co. LTD had breached the law by using illegal contracts and by dismissing workers illegally. Due to the lack of effective legal solutions for those who are dismissed, the company has paid a fine of only 5 million Korean won (around USD 5,000) for all of the dismissed irregular workers. They inform the workers of their dismissal via cellular phone.

Those who were dismissed over three years ago held a protest near the company and Kim So-yeon and Yu Hung-hee recently held a hunger strike for about three months (See phototaken 65th day of hunger strike on August 14, 2008). The company recently sold its premises and buildings and transported all its production facilities to China.

SUGGESTED ACTION:
Please write letters to the authorities listed below urging them to investigate the failure of the police to intervene in the violence.

Please be informed that the AHRC has also written a separate letter to the UN Special Rapportuer on the Question of Torture and Human Rights Defenders calling for intervention in this case.

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