[HRC28]Updates on Key Human Rights Concerns in the Republic of Korea_Special Rapporteurs

1. Dissolution of the UPP

 

On December 19, 2014 the Constitutional Court ordered the dissolution of the Unified Progressive Party (“UPP”), stripping 5 lawmakers with the UPP of their seats in the National Assembly.

 

The Constitutional Court held that the UPP became controlled by the leading core or group with hidden or real objectives and the leading core pursued North Korean style Socialism by means of violent measures, which is, the Constitutional Court believed, violation of democratic basic order under the Constitution.

 

First of all, the decision amounts to a violation of due process of law.



 

Second, the Constitutional Court decision to dissolve the UPP is not ‘necessary in a democratic society’(Article 22 of ICCPR).




 

Recent Development:

 








 

2. Disciplinary Action against the Human Rights Lawyers

 

Last October, the Prosecutors’ Office submitted to the Korean Bar Association (“KBA”) the application for commencement of the disciplinary action against seven Minbyun lawyers.  The government claimed in the applications that the lawyers violated professional ethics when they were acting in the best interest of their clients.

 

The summary of the facts:

 

 

The truth is, this lawyer has defended in high profile cases and revealed the truth on fake espionages masterminded by the National Intelligence Agency and the Prosecution.  We believe this is retaliation.

 

 

In fact, the court decision and the recommendation of the National Human Rights Commission of Korea said that the assembly should be guaranteed in front of the gate.

 

The lawyers were acting to defend the rights of their clients. They have been accused of violating the professional ethics and obstructing performance of the official duties because they grabbed the shoulder and arms of the officers who interrupted the assembly by entering the assembly site in the middle of the assembly in an effort to escort the officer out of the site.

 

Even worse, the disciplinary proceeding is not independent from the influence of the government. The members of the disciplinary committee at the KBA include members from the prosecution and the judiciary.  And the government controls disciplinary committee at the Ministry of Justice as a second level of disciplinary review.  There is no perspective of fair review from it.  The one that applies for the commencement of the disciplinary action reviews the case.  It is not fair either.

 

Recent Development:

 




 

3. Human Rights Abuses based on the National Security Act

 

There has been increasing number of people who were criminally charged for violations of the National Security Act simply because they expressed their opinions over the last 8 years.  In total, 481 people were charged with violations of the Act since 2008 according to the Ministry of Justice. 

 

New trends:

 

 

 


 

Recent Development:

 




 

4. Criminal Defamation

 

On 27 November 2014 prosecutors opened a trial of Tatsuya Kato, a Japanese journalist accused of criminally defaming President Geun-hye PARK for reporting rumors that appeared first in domestic media regarding her whereabouts on the day of the sinking of the Sewol passenger ferry.

 

On 28 November 2014 the aides of President PARK filed a criminal defamation complaint against six reporters and staff members working at the newspaper Segye Ilbo for reporting about a leaked document from the president’s office.  The leaked document reportedly says the aides regularly briefed a former Park aide even though he had no official government position.

 

The criminal defamation law is disproportionate and unnecessary to the need of protecting reputations of others because the laws chill freedom of expression.  The criminal defamation law in the Republic of Korea focuses solely on whether what was said or written was in the public interest, and not whether it was factually true or not.  If the court finds defamatory intent using ‘facts,’ that is, truthful information, a person can still face as many as three years in prison or a fine up to 20 million won ($US 17,830).  Defamation using ‘openly false facts’ can result in a prison sentence of up to seven years or fines up to 50 million won ($US 44,577).

 

5. Hate Speech

 

There is serious concern that hate speech is proliferating in the Republic of Korea.  Even politicians and religious leaders express their hostile views against sexual minorities and migrants on- and off-line.  In particular, hate against social minorities has drawn our attention in the process of attempting to legislate the anti-discrimination act and Human Rights Charter for Seoul Citizens.  The government failed to take appropriate measure to enhance public awareness on this particular issue. 

 

Recent Development:

 

The President appointed the Minister of Education as one of the joint representatives of an organization that has carried on the movement to delete the prohibition of discrimination against homosexuality from textbooks on the grounds that “textbooks promote immoral homosexuality.”  The government also appointed a figure who has opposed the legislation of the anti-discrimination act as one of commissioners of the NHRC.

 

6. Mirang case and Korean Teachers and Education Workers’ Union (KTU) case

 

The stakeholders in civil society will submit rebuttal reports against the answers addressed by the government of the Republic of Korea within this month.

 

7. Gangjeong Crackdown

 

On 31 January 2015 the Ministry of National Defense took action to tear down tents set up by residents of Jeju‘s Gangjeong village to protest at the entrance of the site where a naval base family housing is being constructed.  This comes 99 days after the tents were first put up on October 25.  In the process, a clash broke out between local residents and 1,000 or so police and hired private security forces, resulting in both minor and serious injuries.  

 

Twenty-four residents and activists were hauled off to jail.  Some opponents of the housing’s construction climbed up an eight-meter watchtower and chained themselves together.  They were talked down 14 hours later by Bishop Peter U-il KANG of the Jeju diocese, and there were fortunately no more injuries.

 

The responsibility for this incident lies chiefly with the navy, which has gone ahead with building the housing in neglect of resident opinions.  Villagers in Gangjeong contend that the navy had not kept its promise early this year to build the housing in the village with the consent of residents.  Indeed, Navy Chief of Staff Ki-chul HWANG told villagers in November 2013 that the navy would “engage in genuine conversation and dialogue with residents going ahead and work to put to rest the distrust and misunderstandings from the construction process so far and proceed toward reconciliation and harmony.”  That same navy then turned around and pushed ahead with the housing construction.