The Asian Human Rights Commisssion and MINKAHYUP- Human Rights Group express their deep concern on the continuing violations of the right to freedom of expression and opinion of Professor Lee Jang-hee. Professor Lee is from the Korea Foreign Language University and is on trial for publishing a children’s book titled \”I Am Reunification Generation One\” (translation). It seems he faced criminal charge for political purposes during the presidential election campaign as the then opposition party candidate [now President Kim Dae Jung] was being branded as a leftist radical.
29 December 1997 Professor Lee was indicted under the National Security Law allegedly for publishing ‘anti-state’ materials. The first trial were held on 11 February 1998 at the Seoul District Criminal Court and the next on 20 March 1998. Lee is not currently detained while under trial. But posecution’s restraining orders ensures Lee Jang-hee will not be travelling abroad or even acquire a passport. Moreover, the current regulations of private educational institutions includes the following clause \”Positions may be withdrawn from those who have been indicted under a criminal suit.\” Lee Jang-hee is currently at risk of losing his position at Korea Foreign Language University.
BACKGROUND INFORMATION
I Am Reunification Generation One was published by Chunjae Education Press in October 1995. The Chunjae Education Press specializes in children’s educational literature. The new reunification policies of the Reunification Board motivated the publication of children’s literature. The publication company had requested the Reunification Society, Citizens’ Coalition for Economic Justice, for a suitable writer. The Society had recommended Lee Jang-hee, the society’s Policy Chairman.
The first publication in October 1995, received positive reviews, even from the Reunification Board. The comments highlighted that the book illustrated well the new reunification policy of the government. The book includes frequently asked questions and comments by children about reunification, stories about north Korea, and a commentary on the children’s responses. Lee Jang-hee is the author of the commentary. The book received wide publicity from the press including conservative newspapers and newsletters of right-wing organizations.
CHRONOLOGY OF EVENTS
July 1997: Chosun Daily Newspaper and several of the right-wing organizations during the presidential election campaign began to allege that the book was pro-north Korea.
On 5 July 1997, they filed criminal suit against Lee Jang-hee at the National Prosecutor’s Office.The issue was highly politicized at the National Assembly. The Co-authors of the book and the Reunification Board came under attacks too.
6 and 8 October: 1997 Lee Jang-hee was interrogated by the prosecutor’s and released..
22 September 1997: Lee Jang-hee filed both a civil suit for compensation of damages for defamation, and a criminal suit on charges of defamation against those responsible for spreading false accusations, including a reporter from Monthly Magazine Chosun. The civil suit concluded in November with a verdict in favour of Lee, ordering magazines to print counter-reports. But all charges were dropped in the civil suit. The prosecution failed to notify Lee on the courts decision. In Janaury 1998 Lee learned about the courts decision through an attorney.
25 November 97: Just weeks prior to the presidential election, the prosecution reqested for his warrant of arrest. He was charged for producing ‘anti-state’ materials under Article 7, Clause 5 of the National Security Law.
26 November 1997: Lee Jang-hee was taken into custody at Kimpo International Airport on his return from an academic seminar in Japan, Yokohama. But the court refused to issue the warrant and Lee was released. The court after the hearing had concluded that the ‘anti-state’ nature of the book had yet to be decided.
29 November 1997: The prosecution placed a restraining order on Lee prohibiting him from leaving the country for 3 months.
3 December 1997: The prosecution again requested a warrant for his arrest but this was rejected by the courts.
PROSECTION: Neglect of duty and responsibility
The prosecution’s failure to bring charges against those responsible for spreading false accusations against Lee Jang-hee and their failure to notify Lee of this fact constitute a neglect of duty and responsibility.
The arbitrary exercise and abuse of power of the prosecution against Lee Jang-hee, in spite of the position of the courts and the Reunification Board, violates not only his right to freedom of expression and opinion but his right to freedom of movement.
RECOMMEDED ACTION: Please send letters and faxes to:
1. urge the prosecution to withdraw the restraining order and the criminal charges against Lee Jang-hee;
2. urge the courts to find Lee Jang-hee innocent and to fully protect the right to freedom of expression and opinion.
Other actions: You may write statements, press releases, commentaries to publicize the issue in the national and local media.
SEND APPEALS TO:
1. President Kim Dae-jung, The Blue House, 1 Sejong-no, Chongno-gu Seoul, 110-050, KOREA. Fax: +822 770 0253
2. Minister Park Sang-chun, Ministry of Justice, 1 Chungang-dong, Kwachon-si Kyonggi Province, 427-760, KOREA. Fax: +822 504 3337
3. Judge Park Chan, Seoul Criminal District Court, 701-1 Seocho-dong, Seocho-gu Seoul, 137-069, KOREA.
4. Chief Prosecutor Kim Tae-jong, National Prosecutor’s Office ,1724 Seocho-dong, Seocho-gu Seoul, 137-069, KOREA. Fax: +822 3480 2550
5. The diplomatic representative of South Korea accredited to your country.
SAMPLE LETTER – PLEASE TRY NOT TO COPY
Dear ….,
Re: Professor Lee Jang-hee charged under the National Security Law
We express our surprise and shock on the continuing violations of the right to freedom of expression and opinion of Professor Lee Jang-hee from the Korea Foreign Language University is on trial for publishing a children’s book titled \”I Am Reunification Generation One\” (translation). It seems he faced criminal charge for political purposes during the presidential election campaign as the then opposition party candidate [now President Kim Dae Jung] was being branded as a leftist radical.
The arbitrary exercise and abuse of power of the prosecution against Lee Jang-hee, in spite of the position of the courts and the Reunification Board, violates not only his right to freedom of expression and opinion but his right to freedom of movement. 26 November 1997, Lee Jang-hee was taken into custody but the court refused to issue the warrant requested by the prosection and Lee was released. The court after the hearing had concluded that the ‘anti-state’ nature of the book had yet to be decided. We request the President Kim Dae Jung to ensure that the public prosecutors repect the rule of law and fulfill their duty and responsibilities without bias.We urge the prosecution to withdraw the restraining order and the criminal charges against Lee Jang-hee and the courts to fully protect the right to freedom of expression and opinion.
Please remember to email a copies of your articles to Asian Human Rights Commission.
