South Korea
25.03.02
Urgent Interventions
South Korea: sentencing of trade union leader
URGENT APPEAL - THE OBSERVATORY
KOR 001/0302/OBS 022
Sentencing of Trade Union Leader
SOUTH KOREA
25th March 2002
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 by a member of the Trade Union Advisory Committee to the OECD (TUAC-OECD) who attended Mr. Dan Byung-ho trial that, on March 18th, 2002, Mr. Dan Byung-ho, President of the Korean Confederation of Trade Unions (KCTU), was sentenced by the Seoul Court of First Instance to two years imprisonment for his role in coordinating a general strike that took place on June 21st , 2001.
According to the information received, Mr. Byung-ho was found guilty on all 5 charges laid against him and in 15 of the 16 cases presented by the Prosecutor’s Office. Charges included “conspiracy to interfere in business” (Article 314 of the Criminal Code, which is routinely used by the Korean government to declare strikes illegal); “obstruction of the enforcement of law” and “violation of the trade union/industrial relations law” (narrowly prescribed so as to make legal strikes almost impossible).
Mr. Byung-ho had already been previously imprisoned for his involvement in the defence of the workers’ rights but had been released in August 1999 thanks to a presidential amnesty. Then in August 2001, following an agreement between the Korean government and the KCTU, he had accepted to return to jail in order to serve the remaining two months and four days of his sentence. But on September 28th, 2001, only a few days before his expected release on October 3rd , 2002, the Korean authorities had issued another arrest warrant, enabling them to hold him in detention for a further period for investigation and trial (see urgent OMCT urgent appeal KOR/251001.ESCRC and Observatory annual report 2001).
According to the information received, 51 Korean trade unionists are currently in jail, 33 of them have been imprisoned in 2002. Over 60 others are listed for arrests and many went into hiding for fear of repression, as it is the case for the electricity workers leadership, which are in the grounds of the Myongdang Cathedral. Under the Presidency of Kim Dae Jung, 720 trade unionists have been jailed in the last four and a half years.
Korea’s restriction on the right to organise and to conduct collective bargaining and other trade union activities, including strikes, stand in breach of ILO conventions on freedom of association, the right to organise and to collective bargaining (n°87 and n°98). The Observatory is particularly concerned about the information received on the methods used by the police during the recent strikes and about the physical and psychological integrity of Mr. Dan Byuong-ho.
Action requested:
Please write to the South Korean authorities urging them to:
i. immediately release Mr. Dan Byuong-ho and all trade union leaders, members and activists in the absence of valid legal charges or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
ii. put an immediate end to the persecution and harassment of workers and the trade union movement;
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 promote the protection and fulfilment of human rights and fundamental liberties at the national and international level" and also its 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".
v. guarantee the respect of human rights and the fundamental freedoms in accordance with national laws and international human rights standards such as the International Covenant on Economic, Social and Cultural Rights and ILO Conventions No. 87 and 98.
vi. 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 Dae-jung, The Blue House, 1 Sejong-no, Chongno-gu, Seoul, Republic of Korea; Fax: (+82 2) 770 0253; E-mail: president@cwd.go.kr
- Chief Lee Moo-young, The National Police Agency, 209 Miguen-dong, Seodaemoon-gu, Seoul, Republic of Korea; Fax: (+822) 313 0686
- Minister Choi Kyung-won, Ministry of Justice; E-mail: legal_moj@moj.go.kr
***********
Paris, Geneva, 25th March 2002
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:
Tel and fax FIDH : +33 (0) 1 43 55 20 11 / 43 55 18 80
Tel and fax OMCT : (+ 41 22) 809 49 39 / 809 49 29
E-mail : observatoire@iprolink.ch
KOR 001/0302/OBS 022
Sentencing of Trade Union Leader
SOUTH KOREA
25th March 2002
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 by a member of the Trade Union Advisory Committee to the OECD (TUAC-OECD) who attended Mr. Dan Byung-ho trial that, on March 18th, 2002, Mr. Dan Byung-ho, President of the Korean Confederation of Trade Unions (KCTU), was sentenced by the Seoul Court of First Instance to two years imprisonment for his role in coordinating a general strike that took place on June 21st , 2001.
According to the information received, Mr. Byung-ho was found guilty on all 5 charges laid against him and in 15 of the 16 cases presented by the Prosecutor’s Office. Charges included “conspiracy to interfere in business” (Article 314 of the Criminal Code, which is routinely used by the Korean government to declare strikes illegal); “obstruction of the enforcement of law” and “violation of the trade union/industrial relations law” (narrowly prescribed so as to make legal strikes almost impossible).
Mr. Byung-ho had already been previously imprisoned for his involvement in the defence of the workers’ rights but had been released in August 1999 thanks to a presidential amnesty. Then in August 2001, following an agreement between the Korean government and the KCTU, he had accepted to return to jail in order to serve the remaining two months and four days of his sentence. But on September 28th, 2001, only a few days before his expected release on October 3rd , 2002, the Korean authorities had issued another arrest warrant, enabling them to hold him in detention for a further period for investigation and trial (see urgent OMCT urgent appeal KOR/251001.ESCRC and Observatory annual report 2001).
According to the information received, 51 Korean trade unionists are currently in jail, 33 of them have been imprisoned in 2002. Over 60 others are listed for arrests and many went into hiding for fear of repression, as it is the case for the electricity workers leadership, which are in the grounds of the Myongdang Cathedral. Under the Presidency of Kim Dae Jung, 720 trade unionists have been jailed in the last four and a half years.
Korea’s restriction on the right to organise and to conduct collective bargaining and other trade union activities, including strikes, stand in breach of ILO conventions on freedom of association, the right to organise and to collective bargaining (n°87 and n°98). The Observatory is particularly concerned about the information received on the methods used by the police during the recent strikes and about the physical and psychological integrity of Mr. Dan Byuong-ho.
Action requested:
Please write to the South Korean authorities urging them to:
i. immediately release Mr. Dan Byuong-ho and all trade union leaders, members and activists in the absence of valid legal charges or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
ii. put an immediate end to the persecution and harassment of workers and the trade union movement;
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 promote the protection and fulfilment of human rights and fundamental liberties at the national and international level" and also its 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".
v. guarantee the respect of human rights and the fundamental freedoms in accordance with national laws and international human rights standards such as the International Covenant on Economic, Social and Cultural Rights and ILO Conventions No. 87 and 98.
vi. 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 Dae-jung, The Blue House, 1 Sejong-no, Chongno-gu, Seoul, Republic of Korea; Fax: (+82 2) 770 0253; E-mail: president@cwd.go.kr
- Chief Lee Moo-young, The National Police Agency, 209 Miguen-dong, Seodaemoon-gu, Seoul, Republic of Korea; Fax: (+822) 313 0686
- Minister Choi Kyung-won, Ministry of Justice; E-mail: legal_moj@moj.go.kr
***********
Paris, Geneva, 25th March 2002
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:
Tel and fax FIDH : +33 (0) 1 43 55 20 11 / 43 55 18 80
Tel and fax OMCT : (+ 41 22) 809 49 39 / 809 49 29
E-mail : observatoire@iprolink.ch