The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), has received new information and requests your urgent intervention in the following situation in South Korea.
New information:
According to the information received, on June 9, 2006, Mr. Park Woon Yong, Mr. Lee Jeong Soo, Mr. Park Kee Han and Mr. Han Seok Woo were prosecuted by the Suwon Regional Prosecutors’ Office. The four men were charged as follows:
– Mr. Park Woon Yong: “Bodily Injury by Special Obstruction of Public Duty”; “Special Obstruction of Public Duty” (Article 144-1 et 144-2 of the Criminal Act); “General Obstruction of Traffic” (Article 185 of the Criminal Act); “Violation of Assembly and Demonstration Act” (Articles 19-4, 5-1, 19-2, 6-1, 21-1, and 18-2 of the Assembly and Demonstration Act); “Violation of Local Public Officials Act” (Articles 82 and 58 of the Local Public Officials Act). The clauses applied also include Articles 136-1, 30, 40, 37, and 38 of the Criminal Act.
– Mr. Lee Jeong Soo: “Bodily Injury by Special Obstruction of Public Duty”; “Special Obstruction of Public Duty”; “Violation of Assembly and Demonstration Act”.
– Mr. Park Kee Han: “Bodily Injury by Special Obstruction of Public Duty”; “Special Obstruction of Public Duty”; “General Obstruction of Traffic”; “Violation of Assembly and Demonstration Act”.
– Mr. Han Seok Woo: “Bodily Injury by Special Obstruction of Public Duty”; “Special Obstruction of Public Duty”; “Violation of Assembly and Demonstration Act”.
The first hearing of their trial, for examination and questioning by the prosecutors, will be held on June 28, 2006.
Background information:
On May 25, 2006, about 200 KGEU members gathered peacefully in front of the Rural Development Administration (RDA) in order to protest against restructuring plans and the global repression against KGEU. Although the rally had been legally notified in advance, the riot police violently raided the demonstration and blocked participants from joining the rally. In addition, several persons were severely beaten and injured by both riot and plainclothes police officers, including Mr. Kim Jeong Soo, KGEU Secretary General, and Mr. Choi Nak Sam, Secretary of Public Relations, who were taken to the hospital. Many other people were arrested, in particular eight KGEU members, against whom warrants of detention were issued and who were brought to the Suwon Joongbu police station. The Court subsequently approved four of these warrants, which led to the detention of Mr. Park Woon Yong, Secretary of Organising and Dispute, Mr. Lee Jeong Soo, Director of Organising, as well as two KGEU vice-presidents, Mr. Park Kee Han and Mr. Han Seok Woo. The other four were released.
After the dispersal of the rally, another 99 KGEU members were arrested in front of the police station while the union leaders were trying to negotiate their colleagues’ release with the police, in vain. These members were released almost 40 hours after their arrest.
On the following day, during the repression of another peaceful rally in front of the RDA, several women workers were beaten and harassed by security guards.
On May 28, 2006, Mr. Sohn sent security forces to forcibly close down KGEU provincial office. KGEU members were then blocked from entering their office. Furthermore, according to the information received, the governor of Gyeonggi province, Mr. Sohn Hak Kyu, decided to take a series of measures to repress KGEU, including infiltrating into the ranks and pressuring a group of workers to initiate a vote to withdraw membership from KGEU and instead make and join a so-called “legal” union. Although, the ballot failed, around half of KGEU members at the provincial hall left the KGEU after then. As a consequence, KGEU members formed an emergency committee and set up tents to implement sit-in protests against Governor Sohn’s measures to break-up KGEU. The provincial government retaliated by cutting electricity and Internet access to the union office. Threats to actually raid the office were then constant.
These events followed serious acts of reprisals by the Korean authorities against KGEU and trade unions in general. Indeed, on January 28, 2006, the “Act on the Establishment and Operation, etc. of Public Officials’ Trade Unions” came into effect. This text, which was supposed to guarantee the trade union rights of civil service government employees, severely limits their basic labour rights union activities. According to this new law, KGEU falls under the category of an “illegal organisation”.
Furthermore, on February 8, 2006, the Ministers of Justice, of Government Administration and Home Affairs, and of Labour held a joint press conference to issue an “Announcement concerning illegal activities of organisations of public officials”, indicating that the government was intending to take several repressive measures against “illegal activities by illegal organisations of public officials”[1].
Finally, the “Directive to Promote the Transformation of Illegal Organisations into Legal Trade Unions (Voluntary Withdrawal of Membership), which was adopted by the Ministry of Government Administration and Home Affairs, and transmitted to all government ministries and agencies, on March 22, 2006, clearly qualifies KGEU as an illegal organisation that has failed to submit notice of establishment pursuant to this law. The Ministry further indicates that “no dialogue and collective bargaining will be permitted for illegal organisation that engages in activities without having submitted a notice of establishment”, and instructs all the Government offices “to force transformation into a legal trade union and to issue orders to voluntarily withdraw membership”.
Action requested:
Please write to the authorities in South Korea urging them to:
i. guarantee in all circumstances the physical and psychological integrity of Mr. Park Woon Yong, Mr. Lee Jeong Soo, Mr. Park Kee Han and Mr. Han Seok Woo, as well as of all human rights defenders in the country, including trade unionists;
ii. Ensure that their rights to a fair and impartial trial be guaranteed in any circumstances, so that the charges against them be dropped, as they are arbitrary;
iii. put an end to all forms of harassment, legal action, and ill-treatment of human rights defenders in South Korea, including trade unionists, as well as any obstacles to freedom of expression, association and assembly;
iv. ensure the implementation of the provisions of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 1998, in particular article 1, which states that “everyone has the right, individually or collectively, to promote the protection and fulfilment of human rights and fundamental freedoms at the national and international levels”, article 5.b which stipulates that everyone has the right “to form, join and participate in non-governmental organisations, associations or groups, as well as article 12.2, which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually or in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”;
v. guarantee the respect of human rights and fundamental freedoms in accordance with the Universal Declaration on Human Rights and other international human rights instruments signed or ratified by the Republic of Korea, all the more that the Republic of Korea is member of the new United Nations Human Rights Council, which is currently holding its first session in Geneva, Switzerland.
Addresses:
Mr. Roh Moo-Hyun, President of the Republic, 1 Sejong-no, Jongno-gu Seoul 110-820, Republic of Korea. Tel: +822 770-0018; Fax: + 82 2 770-03 47 or 770-0001 / + 82 2 770-25 79. E-mail: president@cwd.go.kr or president@president.go.kr
Mr. Han Myeong-sook, Prime Minister, 77-6 Sejongno, Jongno-gu, Seoul, Republic of Korea. Fax: + 82-2-720-35 71. Email: m_opm@opm.go.kr
Mr. Chun Jung-Bae, Minister of Justice, 1 Jungang-dong, Gwacheon Government Complex, Gyeonggi Prov., Republic of Korea. Fax: + 82-2-504-5724 / +82-2-503-3337 / +82-2-503-3532
Mr. Lee Sang-soo, Minister of Labour, 2 Jungang-dong, Gwacheon, Gyeonggi Prov. Republic of Korea. Fax : + 82-2-3679-6581
Mr. Lee Yong-sup, Minister of Government Administration and Home Affairs, 77-6 Sejongno, Jongno-gu, Seoul, Republic of Korea. Fax : + 82-2-3703-5531
National Human Rights Commission of Korea, 16 Euljiro 1-ga, Jung-gu Seoul 100 842 Republic of Korea. Tel: +82 2 2125 97 00; Fax: +82 2 2 125 98 11 / 96 66. E-mail: nhrc@humanrights.go.kr
Permanent Mission of the Republic of Korea to the United Nations in Geneva, Av. de l’Ariana 1 - CP 42, CH-1211, Geneva 20, Switzerland. Email: mission.korea-rep@ties.itu.int. Fax: +4122 748 00 01
Embassy of South Korea in Brussels, 175 Chemin de la Hulpe, 1170 Watermael-Boitsfort, Belgium. Fax: + 32 2 675 52 21.
Please also write to the embassies of South Korea in your respective country.
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Geneva - Paris, June 23, 2006
Kindly inform the Observatory of any action undertaken quoting the code number of this appeal in your reply.
The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.
The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.
To contact the Observatory, call the emergency line:
E-mail: Appeals@fidh-omct.org
Tel and fax FIDH + 33 (0) 1 43 55 20 11 / +33 1 43 55 18 80
Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29
[1] The main objectives of the governmental plan are, amongst others, to disallow any collective bargaining and conclusion of collective bargaining agreement with illegal organisations engaged in trade union activities without submitting notice of establishment as a trade union pursuant to the new law; disallow release from work to serve as full-time officers of the union, force the leaders and public officials who are members of illegal organisations to voluntarily withdraw membership from the illegal organisations; take legal sanctions against any illegal collective activities; but extend active assistance if the currently illegal organisation is intending to transform themselves into legal trade unions and to undertake administrative and financial sanctions against local governments which fail to comply with the Government’s directive.