South Korea
06.07.00
Urgent Interventions

Korea: Arrests of Trade Unionist Leaders and Members

URGENT APPEAL - THE OBSERVATORY

KOR 001 / 0007 / OBS 068
Arrests of Trade Unionist Leaders and Members
SOUTH KOREA
6th July 2000

The Observatory for the Protection of Human Rights Defenders, a joint FIDH and OMCT programme, requests your urgent intervention in the following situation in South Korea.

Brief description of the situation

The Observatory for the Protection of Human Rights Defenders has been informed of the arrests of members and leaders of both the Lotte Hotel Workers Union and the National Health Insurance Corporation Workers Union during two separate instances in South Korea.

According to the information received from the Korean Confederation of Trade Unions, 3000 police officers raided the Lotte Hotel before dawn on 29 June 2000, detaining 1,100 of the workers on strike and injuring at least 33. Six police officers were also injured during the attack.

Korean law stipulates that people apprehended without warrants for their arrest can be held for a maximum of 48 hours for questioning. Of the 1,100 people apprehended by police, most were released before the 48-hour detention period was up. However, arrest warrants were sought for seven unionists, of which the court granted three: Union President Jung Joo-uhk, Industrial Actions Director Kwon Soon-young, and Sports Activities Director Cho Ghil-seung have been charged and kept in detention. The other four unionists have been released and await trial as charges against them have not been dropped.

According to the information received, the charges include obstruction of business through illegal striking, causing injury and obstructing the execution of public law and order measures (as a result of the injured police officers), and use of violence (due to their resistance). During the raid, the police are said to have used batons, smoke bombs and tear gas in order to apprehend the strikers. The striking workers were demanding a 17% wage increase, a change in their employment status from that of temporary workers to permanent employees, a 40-hour working week and an extension of the retirement age.

Likewise, according to the information received, the National Health Insurance Corporation Workers Union began its strike on 28 June 2000. On 1 July 2000, over 3000 police officers raided the building and dragged away approximately 1,600 striking workers. The majority of these workers were released by the end of the 48-hour period. However, the Police issued 38 arrest warrants and apprehended 20 people. The remaining 18 are still wanted for arrest. Among the 38 arrest warrants, the court granted nine, who were charged and remanded in custody on the morning of 4 July 2000 (it is not known if the other people arrested have also been charged). Those nine detained unionists are:

Kim Han.sang, Union President; Kim Sang-soo, Industrial Actions Director; Park Dong-jin, Seoul Regional Branch Secretary; Shin Kwang-hoon; Kyungki Province and Inchon City Regional Branch Secretary; Kim Soo-dahl, Inchon District Branch Secretary; Lee Choong-bae; Jongno District Branch Secretary; Kim Hae-dong, rank and file member; Kim Woon-yong; rank and file member; and Lee Dae-yeun; rank and file member

According to the information received, the unionists are being charged with obstruction of business through illegal striking and violation of the law regarding acts of violence, for allegedly holding members of the management hostage.

The charges filed regarding the obstruction of business against the National Health Insurance Corporation Workers Union refer to a strike carried out in May by the union. The unionists were protesting the government's postponement of the amalgamation of the country's two medical insurance systems. The Union was demanding the amalgamation of the medical insurance system for employed workers with the medical insurance system for self-employed people. The hostage charges refer to the negotiation session held between the management and the union leaders. The management demanded that the union declare a period of "no-strike", and the union leaders refused, demanding that they have a say in the shaping of job descriptions and ranks for the future amalgamated Corporation.

Action Requested :

Please write to the South Korean authorities urging that they :

i. take appropriate measures to guarantee the physical and psychological integrity of the trade unionists in detention; and ensure their immediate release in the absence of valid charges against them;

ii. adopt all necessary measures in order to ensure full freedom of action of human rights organisations including trade union organisations as well as their members;

iii. 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 its article 1, which provides that "every person has the right, individually or collectively, to rpomote the porotection and fulfilment of human rights and fundamental liberties at the national and international level" and also ots article 5.a :" for the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually and in association with others, at the national and international levels, to meet or assemble peacefully".

iv. more generally abide by the Universal Declaration on Human Rights and Covenants and Conventions ratified by South Korea, as well as International human rights standards.

Addresses :

President Kim Yung-sam, The Blue House, 1 Sejong-no, Chongno-gu, Seoul, Republic of Korea. Fax : + 822 770 0253 or (+ 882 720 2686 via Ministry of Foreign Affairs)

Mr Ahn Woo-man, Minister of Justice, Ministry of Justice, 1 Chungang-dong, Kwachon-myon, Shihung-gun, Kyonggi-do, Republic of Korea. Fax : + 822 504 3337

Director, Military Security Command, Ministry of National Defence, 3-1 Youngsan-dong, Yongsan-ku, Seoul, Republic of Korea. Fax : + 822 7202686 (via Ministry of Foreign Affairs)

Geneva - Paris 6th July 2000.

Kindly inform the Observatory of any action undertaken quoting the code number of this appeal in your reply.

The Observatory, an 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. 1998 Human Rights Prize of The French Republic.

To contact the Observatory, call the emergency line: Fax : +33 (0) 1 55 80 83 92
Tel: FIDH +33 (0) 1 48 55 20 11 OMCT: +41 (0) 22 809 49 39
E-mail : observatoire@iprolink.ch