Republic of Korea: The revision bill of the Law on Assembly and Demonstration clearly violates the right to expression 

Dear friends

The Asian Human Rights Commission (AHRC) is gravely concerned about the upcoming planned revision of the Law on Assembly and Demonstration of South Korea, which severely restricts the Korean people’s right to expression. On 19 November 2003 the Home Affairs Committee of the National Assembly approved a revision bill of the Law on Assembly and Demonstration and referred it to the Legislation-Judiciary Committee for review. The human rights groups in South Korea worry that if this revision bill is enacted, the new regulations will entitle police to block rallies whenever they wish, severely violating the right to expression guaranteed by the Constitution and international human rights laws and standards.

Please send an appeal letter to the South Korean government and lawmakers, urging them not to endorse the revision bill of the Law on Assembly and Demonstration. (**Please respond before 30 December 2003)

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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On 19 November 2003, the Home Affairs Committee of the National Assembly approved a revision bill of the Law on Assembly and Demonstration, which severely restricts the people’s right of freedom of expression, and referred it to the Legislation-Judiciary Committee for review. If the Legislation-Judiciary Committee approve a revision bill, it will be conventionally approved at the plenary session of the National Assembly. The human rights groups in South Korea are gravely concerned that if this revision bill is enacted, the new regulations will entitle police to block rallies whenever they wish.

This action follows President Roh Moo-hyun’s strict stance on illegal and violent demonstrations during the cabinet meeting on 18 November 2003. At the meeting, President Roh said that his government would force a change in the “rally culture,” in order to solidify law and order for the general public and to boost trust in the nation. His strict stance on illegal and violent demonstrations came after violence occurred between the police and the demonstrators in recent demonstrations. However, human rights groups argued that the violence resulted from the government’s unfair policy and the oppression by the police of the protesters.

The main contents of the revision bill of the Law on Assembly and Demonstration are the following;

1. Allow police agency heads to ban street marches that may cause major traffic congestion on 95 roads in key cities across the nation, including Sejongro, Daehakgno and Gwanghwamun in downtown Seoul, three locations that have historically been used for public assembly. Human rights groups argue that banning street marches at these places violates rights of assembly and demonstration even though they may cause major traffic congestion.

2. If a civic group stages a protest that obstructs public order or becomes violent, the police are given the authority to then ban future rallies of this organization, as well as the rallies of other civic groups who are protesting the same issue. Human rights groups worry that a group’s protests can be completely banned with just one previous case of public disorder.

3. At the request of nearby resident(s), police can ban a rally believed to inflict a substantial amount of damage to facilities such as public schools and military compounds. This measure will apply to U.S. military compounds as well as Korean ones.

4. Police, wearing civilian clothes, can freely enter any protest or demonstration; if they feel that the protest is in any way obstructing public order, they can intervene and take “appropriate action.”

5. If the level of noise in any given demonstration exceeds a certain maximum volume prescribed by a executive order, then the organization can be punished and the speaker can be sentenced to a jail term of up to six months. However, the human rights groups said that this maximum level of noise is below the level required to use a loud speaker, and therefore this regulation limits demonstrations to small gatherings only.

Human rights groups strongly condemned the move, saying that the revisions attempt to stifle their right to hold rallies, which they say are often the only way for the socially deprived to speak out against society. One human rights activist said, “The revisions are completely representing the position of the police. Although rallies may bring inconvenience to some, it is much more important to protect the people’s right to rally and assemble, as the weak have no other way to express their opinions other than through those actions.”

It is also reported that there was no discussion with the National Human Rights Commission on this revision bill nor was there a legislation announcement. There was also no public hearing by the government until the Home Affairs Committee of the National Assembly approved the revision bill of the Law on Assembly and Demonstration on 19 November 2003. The human rights groups fear that the revision bill will be approved by the National Assembly during the session of this year.

On 25 November 2003, the Korean Bar Association issued its opinion on the revision bill, saying that the bill violates the Constitution, which guarantees the right to expression and the right to rally and to demonstrate. The National Human Rights Commission of Korea also has issued its opinion of objecting to this revision bill on 28 November 2003.

AHRC strongly requests the South Korean government and lawmakers not to amend the Law on Assembly and Demonstration according to the Constitution and international laws and standards.

SUGGESTED ACTION:
Send a letter, fax or email to the South Korean government and lawmakers and express your concern of this issue.

1. Mr. Kim Ki Choon
Chairperson, MP
Legislation-Judiciary Committee of the National Assembly
Room No. 309, National Assembly Main Building (Gukhoi Bongwan)
Yeoyido-dong, Yeongdeungpo-gu, Seoul
REPUBLIC OF KOREA
Tel: +82 2 784 2161, 788 2207
Fax: +82 2 788 3309
E-mail: kckim@assembly.go.kr

2. Mr. Roh Moo-hyun
President
1 Sejong-no, Jongno-gu
Seoul 110-820,
REPUBLIC OF KOREA
Tel: +82 2 770 0018
Fax: +82 2 770 0347 or 770 0001 / +82 2 770 2579 (for appeal)
E-mail: president@cwd.go.kr

3. Ms. Kang Kum-sil
Minister of Justice
1 Jungang-dong, Kwachon-si,
Kyonggi Province, 427-760,
REPUBLIC OF KOREA
Fax: +822 504 3337 / +822 503 7046 (HR Department)
E-mail: jk.kim@moj.go.kr

4. Mr. Ambeyi Ligabo
Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
c/o Office of the High Commissioner for Human Rights
United Nations Office at Geneva
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9003
E-mail: urgent-action@ohchr.org

Send a copy to:

* Members of the Legislation-Judiciary Committee of the National Assembly

1. MP Kim yong Kyun, Fax: +82 2 788 3639, E-mail: ykk01@assembly.go.kr
2. MP Choe Yong Gue, Fax: +82 2 788 3440
3. MP Ham Seung Hee, Fax: +82 2 788 3606, Fax: E-mail: sh-ham@assembly.go.kr
4. MP Shim Kyu Cheol, Fax: +82 2 788 3443, E-mail: shim114@assembly.go.kr
5. MP Won Hee Ryong, Fax: +82 2 788 3702, E-mail: heeryong@lycos.co.kr
6. MP Choi Byung Gook, Fax: +82 2 788 3543, E-mail: cbk2000@assembly.go.kr
7. MP Choi Yeon Hee, Fax: +82 2 788 3544, E-mail: yhchoi@assembly.go.kr
8. MP Ham Suk Jae, Fax: +82 2 788 3727, E-mail: hsj727@assembly.go.kr
9. MP Hong Sa Duk, Fax: +82 2 788 3424, E-mail: saduk@chol.com
10. MP Yang Seung Bu, Fax: +82 2 788 3401
11. MP Cho Bae Sook, Fax: +82 2 788 3744, E-mail: chobaesook@hanmail.net
12. MP Chough Soon Hyung, Fax: +82 2 788 3530, E-mail: shjough@assembly.go.kr
13. MP Chun Jung-Bae, Fax: +82 2 788 3512, E-mail: jbchun@assembly.go.kr
14. MP Kim Hak Won, Fax: +82 2 788 3305, E-mail: hakwonk@assembly.go.kr

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