South Korea
26.09.06
Urgent Interventions
South Korea: Closing down of several KGEU chapter offices
New information
KOR 001 / 0606 / OBS 066.3
Obstacles to freedoms of association and assembly / Harassment
Republic of Korea
September 26, 2006
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.
According to the information received, on September 22 and 25, 2006 a number of KGEU Chapter Offices were attacked and shut down as part of the implementation of the “Directive to promote the transformation of illegal organisations into legal trade unions (voluntary withdrawal of membership)”, issued on March 22, 2006 by the Ministry of Government Administration and Home Affairs (MOGAHA). Reportedly, thousands of riot policemen were deployed around more than 100 municipalities to implement the Directive, which qualified KGEU as an “illegal organisation” for failing to submit notice of establishment pursuant to this law (See background information).
In particular, groups of men, allegedly hired by municipalities, stormed various KGEU local offices and forcefully removed its members, as riot policemen blocked access to the buildings, in some cases cutting off electricity, Internet access and phone lines. In a number of incidents, members of the KGEU and members of solidarity organisations, such as the Korean Public Service Union (KPSU) and the Democratic Labour Party, were arrested.
Reports indicate that, so far, more than 81 KGEU chapter offices have been closed down across the country.
Since September 22, 2006, chapters offices were shut down, amongst others, in the provinces of Chungnam-do, Gyeongnam do, Chungbuk-do, Jeonbuk-do, Daegu/Gyeongbuk, Jeonnam, Jeju, and the cities of Seoul (where Mr. Heo Won Haeng, Chair of the KGEU Guro-gu section, was hurt and later hospitalised), Gwangju, Busan, Ulsan, Incheon, Cheongju, Gangwon-do, Jeonju, Namwon, etc.
The “Directive to Promote the Transformation of Illegal Organisations into Legal Trade Unions (Voluntary Withdrawal of Membership), which was adopted by the MOGAHA on March 22, 2006, qualified KGEU as an illegal organisation for failing to submit notice of establishment pursuant to this law. The Ministry also indicated that “no dialogue and collective bargaining will be permitted for illegal organisation that engages in activities without having submitted a notice of establishment”, and instructed all government offices “to force transformation into a legal trade union and to issue orders to voluntarily withdraw membership”. The Directive followed on the heels of the “Act on the Establishment and Operation, etc. of Public Officials’ Trade Unions”, which came into effect on January 28, 2006. 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”.
The most serious cases of repression occurred in May 2006. For instance, on May 25, 2006, riot police violently raided a peaceful demonstration of about 200 KGEU members in front of the Rural Development Administration (RDA) to protest against restructuring plans and the global repression against KGEU. A number of people 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, including 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. Although they were released on bail on July 11, 2006, they remain prosecuted by the Suwon Regional Prosecutors’ Office. 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. These members were released almost 40 hours after their arrest. On May 26, during the repression of another peaceful rally in front of the RDA, several women workers were beaten and harassed by security guards.
On May 27, 2006, the KGEU Gyeonggi Regional Branch and provincial government Chapter office at Gyeonggi Provincial Government were forcefully closed down and sealed off with iron plates.
On May 28, 2006, Mr. Sohn Hak Kyu, the governor of Gyeonggi province, took a series of measures to repress KGEU, including infiltrating the ranks to pressure workers to initiate a vote to withdraw membership from KGEU and instead create and join a so-called “legal” union. Although the ballot failed, around half of KGEU members at the provincial hall left the KGEU. In response, KGEU members formed an emergency committee and set up tents to implement sit-in protests against Governor Sohn’s measures. The provincial government retaliated by cutting electricity and Internet access to the union office. From then on, threats to raid union offices were constant.
On August 3, 2006, the MOGAHA issued a decree that specifically requested that all local governments, ministries and agencies take firm actions against the KGEU in order “to take thorough counter-measures, including forceful closing down of the illegal government employees’ organisations, against illegal activities”. In particular, the Ministry asked “to close down all the KGEU offices in government buildings nation wide by August 31”, “to exclude KGEU members from personnel committees, to actively encourage all the government employees joining illegal organisations to withdraw memberships, to prohibit union dues check-off system and to blocking any financial supports like voluntary contribution or donation to the organisations”. The KGEU tried to protest this decree. On August 30, 2006, the KGEU Gyeongnam Regional Branch held a rally in front of their union office building. Anti-riot policemen were deployed inside and outside the building, preventing KGEU members from entering the office and forcefully removing those who tried to hamper the closing. The union signboard was taken off and the doors were sealed off with thick plywood with a warning sign.
Further action was planned against the KGEU during a meeting on September 4, 2006 between MOGAHA, vice mayors of Metropolitan Cities and vice governors of Provincial Governments. At this meeting, the deadline for the shutting down of KGEU local offices was set for September 22, 2006. The Minister also claimed that notifications or warnings of forceful closing down of illegal organisations’ offices should be issued and that supervision of government employees should be intensified in order to prevent them from joining a KGEU’s rally in Gyeongnam on September 9, 2006, which aimed to protest against government repression.
i. guarantee in all circumstances the physical and psychological integrity of all human rights defenders in the country, including trade unionists;
ii. put an immediate end to any obstacles to the activities of KGEU;
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 a member of the new United Nations Human Rights Council.
Please also write to the embassies of South Korea in your respective country.
***
Geneva - Paris, September 26, 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 1 43 55 20 11 / +33 1 43 55 18 80
Tel and fax OMCT + 41 22 809 49 39 / + 41 22 809 49 29
KOR 001 / 0606 / OBS 066.3
Obstacles to freedoms of association and assembly / Harassment
Republic of Korea
September 26, 2006
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:
The Observatory has been informed of new acts of repression against the Korean Government Employees Union (KGEU).According to the information received, on September 22 and 25, 2006 a number of KGEU Chapter Offices were attacked and shut down as part of the implementation of the “Directive to promote the transformation of illegal organisations into legal trade unions (voluntary withdrawal of membership)”, issued on March 22, 2006 by the Ministry of Government Administration and Home Affairs (MOGAHA). Reportedly, thousands of riot policemen were deployed around more than 100 municipalities to implement the Directive, which qualified KGEU as an “illegal organisation” for failing to submit notice of establishment pursuant to this law (See background information).
In particular, groups of men, allegedly hired by municipalities, stormed various KGEU local offices and forcefully removed its members, as riot policemen blocked access to the buildings, in some cases cutting off electricity, Internet access and phone lines. In a number of incidents, members of the KGEU and members of solidarity organisations, such as the Korean Public Service Union (KPSU) and the Democratic Labour Party, were arrested.
Reports indicate that, so far, more than 81 KGEU chapter offices have been closed down across the country.
Since September 22, 2006, chapters offices were shut down, amongst others, in the provinces of Chungnam-do, Gyeongnam do, Chungbuk-do, Jeonbuk-do, Daegu/Gyeongbuk, Jeonnam, Jeju, and the cities of Seoul (where Mr. Heo Won Haeng, Chair of the KGEU Guro-gu section, was hurt and later hospitalised), Gwangju, Busan, Ulsan, Incheon, Cheongju, Gangwon-do, Jeonju, Namwon, etc.
Background information:
The forceful shutting down of the KGEU offices is part of repressive measures that have been taken by authorities in the last few months. As early as February 2006, MOGAHA had indicated that it was intending to take several repressive measures against “illegal activities by illegal organisations of public officials” in its press release “Announcement concerning illegal activities of organisations of public officials”.The “Directive to Promote the Transformation of Illegal Organisations into Legal Trade Unions (Voluntary Withdrawal of Membership), which was adopted by the MOGAHA on March 22, 2006, qualified KGEU as an illegal organisation for failing to submit notice of establishment pursuant to this law. The Ministry also indicated that “no dialogue and collective bargaining will be permitted for illegal organisation that engages in activities without having submitted a notice of establishment”, and instructed all government offices “to force transformation into a legal trade union and to issue orders to voluntarily withdraw membership”. The Directive followed on the heels of the “Act on the Establishment and Operation, etc. of Public Officials’ Trade Unions”, which came into effect on January 28, 2006. 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”.
The most serious cases of repression occurred in May 2006. For instance, on May 25, 2006, riot police violently raided a peaceful demonstration of about 200 KGEU members in front of the Rural Development Administration (RDA) to protest against restructuring plans and the global repression against KGEU. A number of people 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, including 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. Although they were released on bail on July 11, 2006, they remain prosecuted by the Suwon Regional Prosecutors’ Office. 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. These members were released almost 40 hours after their arrest. On May 26, during the repression of another peaceful rally in front of the RDA, several women workers were beaten and harassed by security guards.
On May 27, 2006, the KGEU Gyeonggi Regional Branch and provincial government Chapter office at Gyeonggi Provincial Government were forcefully closed down and sealed off with iron plates.
On May 28, 2006, Mr. Sohn Hak Kyu, the governor of Gyeonggi province, took a series of measures to repress KGEU, including infiltrating the ranks to pressure workers to initiate a vote to withdraw membership from KGEU and instead create and join a so-called “legal” union. Although the ballot failed, around half of KGEU members at the provincial hall left the KGEU. In response, KGEU members formed an emergency committee and set up tents to implement sit-in protests against Governor Sohn’s measures. The provincial government retaliated by cutting electricity and Internet access to the union office. From then on, threats to raid union offices were constant.
On August 3, 2006, the MOGAHA issued a decree that specifically requested that all local governments, ministries and agencies take firm actions against the KGEU in order “to take thorough counter-measures, including forceful closing down of the illegal government employees’ organisations, against illegal activities”. In particular, the Ministry asked “to close down all the KGEU offices in government buildings nation wide by August 31”, “to exclude KGEU members from personnel committees, to actively encourage all the government employees joining illegal organisations to withdraw memberships, to prohibit union dues check-off system and to blocking any financial supports like voluntary contribution or donation to the organisations”. The KGEU tried to protest this decree. On August 30, 2006, the KGEU Gyeongnam Regional Branch held a rally in front of their union office building. Anti-riot policemen were deployed inside and outside the building, preventing KGEU members from entering the office and forcefully removing those who tried to hamper the closing. The union signboard was taken off and the doors were sealed off with thick plywood with a warning sign.
Further action was planned against the KGEU during a meeting on September 4, 2006 between MOGAHA, vice mayors of Metropolitan Cities and vice governors of Provincial Governments. At this meeting, the deadline for the shutting down of KGEU local offices was set for September 22, 2006. The Minister also claimed that notifications or warnings of forceful closing down of illegal organisations’ offices should be issued and that supervision of government employees should be intensified in order to prevent them from joining a KGEU’s rally in Gyeongnam on September 9, 2006, which aimed to protest against government repression.
Action requested:
Please write to the authorities in South Korea urging them to:i. guarantee in all circumstances the physical and psychological integrity of all human rights defenders in the country, including trade unionists;
ii. put an immediate end to any obstacles to the activities of KGEU;
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 a member of the new United Nations Human Rights Council.
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. Fax: +4122 748 00 01. Email: mission.korea-rep@ties.itu.int.
- 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.
***
Geneva - Paris, September 26, 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 1 43 55 20 11 / +33 1 43 55 18 80
Tel and fax OMCT + 41 22 809 49 39 / + 41 22 809 49 29