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- <text>
- <title>
- South Korea (Republic Of Korea)
- </title>
- <article>
- <hdr>
- Human Rights Watch World Report 1992
- Asia Watch: South Korea (Republic of Korea)
- </hdr>
- <body>
- <p>Human Rights Developments
- </p>
- <p> In his 1991 New Year's Day message to the nation, South
- Korean President Roh Tae-woo declared, "Before the century is
- over, we must complete the task of building a fully democratic
- nation vibrant with freedom and diversity." ("Roh Calls for
- Reunification before 2000," Korea Herald, January 1, 1991.) In
- March and June, local council elections were held throughout
- the country for the first time in thirty years. Voter turnout
- was low, and the majority of the seats were won by candidates
- belonging to the ruling Democratic Liberal Party (DLP). Aside
- from those elections, however, gains for freedom and diversity
- were notably lacking.
- </p>
- <p> On April 26, 1991, Kang Kyung-dae, a student demonstrator,
- was beaten to death by five riot policemen. Kang's death sparked
- the most serious political turmoil in South Korea since June
- 1987, when another student, Park Chong-chol, died in police
- custody after torture. From late April to June, the country was
- racked by large-scale protest demonstrations, as well as a
- series of suicides by students, activists and workers protesting
- the government's failure to enact democratic reforms.
- </p>
- <p> A coalition of students, workers and political activists,
- formed in the wake of Kang's death, demanded the resignation of
- all cabinet members and the repeal of a number of security-related laws. Partly in response to those demands, the home
- affairs minister, who is in charge of the police, resigned. The
- members of the riot police who were directly responsible for
- Kang's death were arrested. The prime minister also resigned
- from his post some weeks later. In late May, the DLP-controlled
- National Assembly enacted a liberalizing set of amendments to
- the National Security Law and amnestied a limited number of
- prisoners held under the law, most of whom had completed nearly
- ninety percent of their prison terms.
- </p>
- <p> When these conciliatory gestures failed to stop the
- demonstrations and suicides, the government reverted to
- repression. The authorities ordered a nationwide manhunt for
- organizers of the demonstrations. Reverend Moon Ik-hwan, a
- Presbyterian minister and prominent dissident leader who
- previously had been imprisoned for traveling to North Korea
- without government permission, had his parole revoked in June
- 1991 and was returned to jail for participating in anti-government rallies.
- </p>
- <p> The government tried to dismiss the protest suicides by
- alleging that they were orchestrated by dissident
- organizations. One political activist was even tried for
- allegedly having ghost-written the suicide note and aided and
- abetted the suicide of a fellow activist. The hard line seemed
- to work; in June, the political turmoil began to subside.
- </p>
- <p> Among the DLP-sponsored amendments to the National Security
- Law is a provision that the law "shall not be loosely
- interpreted or otherwise misapplied to unreasonably restrict the
- basic human rights of citizens." The law no longer forbids all
- contact with communist organizations or governments, but still
- requires that all contact with North Korea be sanctioned by the
- authorities. It also narrows the definition of a prohibited
- "anti-state organization" to one with a command-and-control
- system.
- </p>
- <p> Despite the amendments, about four hundred persons are still
- being held under the law. Some were jailed in 1991, both before
- and after the law was amended, solely for their peaceful
- political activities and views. These detainees include eleven
- members of the Seoul branch of the National Minjung (People's)
- Arts Movement, arrested in March for allegedly carrying out
- activities that benefit North Korea because of their pro-unification artwork; six members of the Seoul Social Science
- Institute, arrested in June for allegedly benefiting North
- Korea through publication and dissemination of articles and
- books advocating a socialist revolution; and twelve persons
- arrested in 1990 and 1991 for their alleged membership in the
- dissident organization Pan-National Alliance for the
- Reunification of Korea (Pomminnyon), including theologian Park
- Soon-kyung, who was accused of delivering a lecture at a
- Christian meeting in Japan in which she reportedly said that it
- is necessary for South Koreans to understand Juche, the North
- Korean ideology of self-reliance.
- </p>
- <p> Also still in custody despite the amendments are more than
- forty "non-converted" political prisoners--prisoners who
- refuse to write "conversion" statements recanting alleged
- communist or leftist views, regardless of whether they held them
- in the first place--some of whom have been incarcerated for
- between thirty and forty years for allegedly engaging in
- espionage or political agitation on behalf of North Korea. In
- 1991, five non-converted political prisoners were released due
- to old age and serious health problems.
- </p>
- <p> Prominent dissidents including Kim Keun-tae, recipient of
- the 1987 Robert F. Kennedy Human Rights Award, and Jang
- Myung-guk, a well-known labor activist, also remain imprisoned.
- </p>
- <p> Due in part to worker involvement in the tumultuous
- political events in April and May, there were fewer labor
- disputes in 1991 than in the previous year. However, labor
- unions were still limited in their rights to organize and
- bargain collectively. In February, about seventy members of the
- newly created Conference of Large Factory Trade Unions
- (Yondehuei) were rounded up as they were leaving an
- organizational meeting. Most were soon released but seven key
- members were formally arrested. At management's request, the
- police also intervened in labor disputes at Daewoo companies in
- March and arrested key union leaders on grounds ranging from
- "interference with normal operation of business"--a charge
- often used illegitimately to break strikes--to the commission
- of violent acts. The arrests, in turn, sparked further disputes.
- In April, some four thousand Daewoo workers walked off their
- jobs to protest the detention of two additional union leaders
- who were charged with staging work stoppages and sit-ins over
- the earlier arrests. (Yonhap, April 29, 1991, as reported in
- Federal Broadcast Information Service (FBIS), May 2, 1991.) In
- September, General Motors announced that it was severing its
- ties with Daewoo due to dissatisfaction with its management
- style and constant labor-management disputes. (Yonhap, September
- 7, 1991, as reported in FBIS, September 9, 1991.)
- </p>
- <p> Discord over editorial decisionmaking at the Catholic
- Church-owned Pyunghwa Broadcasting came to a head in 1991,
- resulting in the detention by the police of thirty-seven
- journalists and the dismissal of all but ten of them.
- </p>
- <p> The Korean Teachers and Educational Workers Union
- (Chunkyojo) lost a crucial Constitutional Court decision. In
- 1990, the Supreme Court had ruled that the ban on organizing by
- public school teachers was unconstitutional. In 1991, the
- Constitutional Court ruled that the ban on organizing by private
- school teachers did not violate the constitutional guarantees
- for workers' freedom of association.
- </p>
- <p> Nearly five thousand Chunkyojo members participated in a
- signature campaign demanding political reforms by the
- government. The Ministry of Education threatened them with
- retaliation. ("Ministry to minimize penalty on protesting
- teachers," Korea Herald, May 18, 1991.) In September, two
- teachers were fired and a third had her salary cut for three
- months for having participated in the campaign. ("2 teachers
- socked for signing statement in May," Korea Herald, September
- 19, 1991.)
- </p>
- <p> With South Korea's pending entry into the International
- Labor Organization (ILO), the Labor Ministry discussed amending
- the labor laws to allow unions to engage in political
- activities. It also established a special committee to revise
- labor-related laws, and proposed voiding the current upper limit
- on the amount of union dues that could be assessed. The
- amendments have not yet been enacted.
- </p>
- <p>The Right to Monitor
- </p>
- <p> On the surface, domestic human rights monitors seemed to
- operate fairly freely, but the underlying reality was quite
- different. Human rights monitors say their office and home
- telephones are tapped and their activities closely watched by
- government internal security personnel attached to the Agency
- for National Security Planning. Monitors also risk arrest if
- they speak publicly on sensitive human rights issues, although
- the actual charges against them may be unrelated to human
- rights work, such as participation in an unauthorized
- anti-government demonstration.
- </p>
- <p> The case of Suh Joon-shik is illustrative. Released in May
- 1988 after seventeen years' incarceration for alleged "anti-state" activities, he became one of South Korea's most vocal
- human rights advocates, chairing the Committee on Long-Term
- Political Prisoners of the group known as Families of Political
- Prisoners (Mingahyup), and founding an association of long-term
- political prisoners. In March 1991, he became chair of the
- Human Rights Committee of the National Alliance of Democratic
- Organizations (Chonminnyon). In May, the government announced
- that Suh was wanted in connection with the suicide of a
- Chonminnyon staff member following the above-described death of
- the student Kang. Suh surrendered to the police a month later,
- but charges on the suicide were never pursued. Instead, in
- July, he was indicted for having taken part in demonstrations
- that turned violent; Suh denied having had anything to do with
- the violence. Later, the violence charges were dropped and Suh
- was convicted under the Public Surveillance Law and sentenced
- by the Seoul Criminal District Court to a one-year suspended
- sentence and two years' probation. Suh was released on December
- 13.
- </p>
- <p>U.S. Policy
- </p>
- <p> The Bush Administration promoted the cause of human rights
- in South Korea by taking the important step of suspending
- insurance coverage for U.S. companies operating in South Korea
- by the Overseas Private Investment Corporation (OPIC). (Section
- 231A(1) of the Foreign Assistance Act states: "The Corporation
- may insure, reinsure, guarantee, or finance a project only if
- the country in which the project is to be undertaken is taking
- steps to adopt and implement laws that extend internationally
- recognized worker rights...to workers in that country
- (including any designated zone in that country)." Worker rights
- are defined as including the right of association, the right to
- organize and bargain collectively, a prohibition on the use of
- any form of forced or compulsory labor, a minimum age for the
- employment of children, and acceptable conditions of work with
- respect to minimum wages, hours of work, and occupational safety
- and health.) The action was taken pursuant to a labor rights
- petition filed with OPIC by Asia Watch and the International
- Labor Rights Education and Research Fund. OPIC's decision
- reflects particularly well upon OPIC President Fred Zeder and
- OPIC General Counsel Howard Hills, who implemented the law in
- the face of stiff opposition from the State Department's Bureau
- of East Asian and Pacific Affairs. OPIC, with the concurrence
- of the State Department's official representative to its board,
- Assistant Secretary of State Eugene McCallister of the Economic
- and Business Affairs Bureau, determined in May to suspend OPIC
- benefits on labor rights grounds. A thirteen-page rationale for
- the suspension was prepared which discussed Korea's failings
- with respect to labor reforms, but the document was quashed and
- the action postponed for a full two months when the State
- Department opposition arose. A battle between OPIC and the State
- Department ensued, ending on July 19 with a decision in support
- of OPIC's position and suspension of Korea from the OPIC
- program. A significantly trimmed one-and-one-half page rationale
- was released that contained little of the detail of the
- original document. Nonetheless, the decision was a welcome one
- and brings considerable pressure to bear on the Korean
- authorities to improve workers rights conditions.
- </p>
- <p> In February, the State Department published its annual
- Country Reports on Human Rights Practices, which appropriately
- noted a series of serious human rights violations in South
- Korea. These included a "continuing gap between democratic
- ideals and actual practice in the continued arrests of
- dissidents, students and workers under the National Security Law
- and other security and labor-related laws"; continuing "credible
- allegations of cruel treatment"; and persistent "[s]urveillance
- of political opponents by security forces."
- </p>
- <p> Assistant Secretary of State for Human Rights and
- Humanitarian Affairs Richard Schifter took a similar approach
- in written answers to questions submitted to him on February 26
- by the House Subcommittee on Human Rights and International
- Organizations. While noting that the South Korean government "is
- committed to democratic reforms and has made much progress
- toward that goal," Secretary Schifter touched on such existing
- human rights problems in South Korea as the high number of
- political prisoners, including 180 long-term prisoners; the
- continued imprisonment of "non-converted" prisoners; and the
- legal ban on union organizing among South Korean school
- teachers.
- </p>
- <p> In a like vein, National Security Advisor Brent Scowcroft
- wrote on September 9 to Representative Edward Feighan: "Human
- rights is a cornerstone of American foreign policy throughout
- the world, and we have made human rights a key element of our
- bilateral relationship with the Republic of Korea. Through
- discussions both here [in Washington] and in Seoul, U.S.
- officials have made clear our support for democratization and
- respect for human rights in Korea."
- </p>
- <p> The principal sour note in the Administration's promotion of
- human rights in South Korea came during a visit to the White
- House in July by President Roh. President Bush gave no public
- indication that he had heeded appeals by fifty-one members of
- Congress to raise human rights concerns during the visit.
- Instead, President Bush stated that Roh was "building a
- thriving democracy" and gave him "much credit...for the steady
- leadership that guides your nation." (Remarks by President Bush
- during a welcoming ceremony at the White House, July 2, 1991,
- as reported in the State Department's Dispatch, July 8, 1991.)
- Secretary of State James Baker echoed the president: "The United
- States is confident that the people of Korea are overwhelmingly
- committed to the success of your democracy and that you are
- prepared to continue in what President Bush calls the hard work
- of freedom." (Remarks by Secretary Baker at a luncheon for
- President Roh at the State Department, July 2, 1991, as reported
- in the State Department's Dispatch, July 8, 1991.)
- </p>
- <p>The Work of Asia Watch
- </p>
- <p> The death of student Kang Kyung-dae prompted Asia Watch to
- send a letter to President Roh urging that an independent
- commission be appointed to investigate Kang's death and that
- relevant details be made public. The letter also urged that a
- thorough review be undertaken of the training and discipline
- accorded riot police, and that appropriate steps be taken to
- ensure that police conduct themselves in accordance with U.N.
- standards.
- </p>
- <p> Asia Watch also wrote on behalf of Kang Jong-sun, a young
- woman living in Daegu city who was allegedly raped in December
- 1988 by two local policemen. Despite considerable media
- attention to the case and support from women's organizations in
- South Korea, nearly three years have passed without the
- prosecutor's office seriously investigating her claim or moving
- to prosecute the two policemen.
- </p>
- <p> In March, Asia Watch called for the release of members of
- Pomminnyon who had been jailed solely because of their peaceful
- activities on behalf of Korean reunification. They remain in
- custody, even after the National Security Law has been amended,
- because the law still forbids activities that the South Korean
- government deems beneficial to North Korea.
- </p>
- <p> Retreat from Reform: Labor Rights and Freedom of Expression
- in South Korea, the Asia Watch report released in November
- 1990, continued to circulate widely. The report was a key source
- cited by OPIC in deciding to suspend new insurance and
- investment guarantees to U.S. companies operating in South
- Korea. Asia Watch welcomed OPIC's decision and called on the
- South Korean government to amend its labor laws to bring them
- in line with international standards, and to release all
- unionists and labor activists detained solely for peaceful
- trade-union and other labor-related activities.
- </p>
- <p> In March, Asia Watch sent a letter to Labor Minister Choe
- Byung-yul protesting the arrests of seven leading members of
- Yondehuei on the grounds that their right to freedom of
- association specifically, their right to meet with other union
- representatives had been violated.
- </p>
- <p> Throughout the year, Asia Watch assisted members of Congress
- prepare letters of appeal for the release of peaceful political
- activists in Korea. Asia Watch also worked with the
- Congressional Human Rights Caucus and several members of
- Congress in their efforts to encourage President Bush to raise
- human rights concerns during President Roh's state visit in
- July.
- </p>
- </body>
- </article>
- </text>
-