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TITLE: REPUBLIC OF KOREA HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
REPUBLIC OF KOREA
The Republic of Korea is governed by a directly elected
President and a unicameral National Assembly that is selected
by both direct and proportional election. In February, Kim
Young Sam of the Democratic Liberal Party was inaugurated as
the country's first chief executive who is not an ex-general in
nearly three decades. In his first year in office, President
Kim, a former opposition leader, implemented sweeping political
and economic reforms, including an anticorruption drive, which
signified a fundamental policy break from the previous
administration, and resulted in an end to the political careers
of a number of key officials from that administration.
Responsibility for maintaining internal security lies with the
National Security Planning Agency (NSP), the police, and the
Defense Security Command (DSC). The Government made personnel
and organizational changes in the powerful NSP and other
security services for the announced purpose of curtailing the
security services' involvement in domestic politics, stopping
surveillance of civilians, preventing human rights abuses, and
increasing efforts to collect foreign intelligence. The
National Assembly reformed the law regulating the NSP and
passed an antiwiretapping law to curb Government monitoring of
communications. The Government also took a number of steps to
institutionalize further, and guarantee, civilian control of
the military, including replacing the Defense Security Chief
and choosing a Chairman of the Joint Chiefs of Staff from
outside of the small circle of military elite which had
dominated the services under previous regimes. North Korea's
temporary withdrawal from the Nuclear Nonproliferation Treaty,
suspicions about its nuclear program, and the lack of progress
in talks between North and South Korea heightened concerns
about the threat posed by North Korea. Also, the long-standing
conventional military threat posed by North Korea's arms
buildup and the offensive deployment of its troops and weaponry
remained a cause of concern.
The ROK has become a major industrial power and world class
exporter. An industrious and literate populace drives economic
growth despite a lack of natural resources, especially oil.
After several years of strong growth, the economy has slowed
down. The gross national product as well as the Consumer Price
Index increased by approximately 4.8 percent in 1993.
Continued high levels of rural migration to the cities,
shortages of skilled labor, unbalanced regional development, an
inefficient agricultural sector, and inadequate infrastructure
remain problems.
In 1993 the overall human rights situation improved
significantly, a result of the fundamental shift in attitude
and policy of the Kim Young Sam administration. President Kim
achieved two democratic, institutional reforms of an historic
nature: the abolition of false-name bank accounts and the
enactment of a government ethics law. The requirement that
bank accounts be registered in the real names of depositors has
forced a large, hidden source of funds for political corruption
into the open and thereby improved the transparency of
government and politics. The ethics law requires officials for
the first time to disclose their financial assets.
Resignations and a reshuffle of judges, prosecutors, and police
strengthened judicial independence and heightened sensitivity
to individual rights within both the executive and judicial
branches. Nonetheless, the Government, insisting that the
National Security Law (NSL) is designed to thwart subversion by
pro-North Korean forces, continued to use it to violate the
freedoms of expression, association, and travel. The
Government invoked the NSL less, however, and NSL arrests
declined by over half. Although basic labor laws, which fall
short of international standards, were not reformed, the
Government, in a fundamental shift, assumed a much more neutral
stance between labor and management during labor disputes.
The Government also decreed several amnesties that released,
reduced the prison sentences of, or erased the criminal records
of, hundreds of persons arrested for politically motivated
acts. Police treatment of, and access to legal counsel for,
suspects improved, although sleep deprivation continues to be
used during questioning. Despite marginal progress, women
continued to suffer from discrimination and violence.
Nonetheless, the administration's reforms overall had a
liberalizing effect on the society.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reported cases of political or extrajudicial
killings. In June, however, a riot policeman died shortly
after being beaten by students during a street demonstration
(see Section 2.b.).
b. Disappearance
There were no accusations of disappearances during 1993.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
President Kim directed authorities to protect the human rights
of suspects. For the first time in several years, allegations
of abuse by authorities of those in custody for questioning
declined. Nonetheless, authorities continued to place much
emphasis on extracting confessions from suspects. Although it
is government policy not to torture or mistreat suspects,
police use of sleep deprivation during questioning is
widespread. In both political and nonpolitical cases, police
routinely question suspects through the night and early
morning. There were also unsubstantiated reports of verbal
abuse during questioning.
In a nonpolitical case, a judge ruled for the first time that
prosecutors abused and beat a person during questioning in
1989. The judge ordered that the Government pay the plaintiff,
a taxi driver, nearly $100,000 in compensation.
In two political cases from the mid-1980s, the courts found
policemen guilty of committing and covering up acts of
torture. In March the Seoul high court reaffirmed a lower
court's ruling that gave three former national police officials
--a vice director and two officials of the anti-Communist
division--suspended prison sentences for attempting to cover up
the 1987 death of university student Park Chong Chol, who died
in police custody after being tortured during questioning about
alleged antigovernment activities. A police lieutenant's
testimony about the coverup was the main evidence which helped
convict the three officers. In August a Seoul District
Criminal Court judge ordered the rearrest of four former
policemen for the 1985 torture of prominent dissident Kim Keun
Tae and sentenced them to from 1 1/2 to 3 years in prison.
Despite progress, however, it remained relatively rare for
officials accused of abuse or harassment of suspects to be
prosecuted.
Conditions in Korean prisons remained Spartan, although a
dissident released from prison in 1993 stated that conditions,
including nutrition and access to reading materials, have
improved significantly in recent years.
Prisoners regularly exercised outdoors, and prison authorities
provided vocational training. The most frequent complaint was
that cells were not heated during the winter or cooled during
the summer.
Although the authorities generally put prisoners convicted of
politically motivated acts in cells by themselves, they had
frequent contact with other inmates, and conditions were
otherwise similar to those for other prisoners. After arrest
and questioning, prisoners of all types had access to family
members, relatives and others, unless prison authorities deemed
it "inappropriate" for rehabilitation, which was rare. A few
months after the new administration took office, the Justice
Ministry liberalized regulations to permit greater access to
prisoners.
There is little independent monitoring of prison conditions,
although human rights monitors can see certain prisoners if
approved by the prison warden. Most accusations of
mistreatment involved persons being questioned by the
authorities after their arrest and before indictment, rather
than those who were already convicted and serving their
sentences in jail.
d. Arbitrary Arrest, Detention, or Exile
In general, Korean law is vague with respect to detentions and
prosecutors have wide latitude to interpret the law. The NSL
defines espionage in broad terms and permits the authorities to
detain and arrest persons who commit acts viewed as supportive
of North Korea and therefore dangerous to the Republic of
Korea. Authorities arrested not only persons spying on behalf
of North Korea but also those who exercised their freedom of
speech to call for the downfall of the Government or to praise
North Korea, its leader Kim Il Sung, or Kim Il Sung's
"self-reliance" ("juche") political philosophy.
Article 7 of the NSL permits the imprisonment for up to 7 years
of persons who "with the knowledge that he might endanger the
existence or security of the State or the basic order of free
democracy, praised or encouraged or propagandized for, or sided
with the activities of an antistate organization." North Korea
has been defined as an "antistate organization." Other
restrictive laws still in effect are the Law on Assembly and
Demonstration, the Social Surveillance Law (SSL), labor laws,
and election laws.
The Government rationale for the NSL continued to be that the
Korean peninsula is a special case because the 1950-53 Korean
war ended with the signing of an armistice, not a peace treaty,
and because Cold War tensions remain on the peninsula. North
Korea remains a formidable military threat.
In light of heightened concern about the North Korean threat,
the opposition Democratic Party dropped its demand for
immediate reform of the NSL in 1993, but it still called for
reform of the law regulating the NSP and passage of an
antiwiretapping bill. In December the ruling and opposition
parties approved the two bills in a National Assembly vote.
The new NSP law restricts the agency from interfering in
domestic politics; limits the Agency's authority to cases
involving terrorism, espionage, and international crime
organizations. The law also provides for prison sentences for
NSP employees who violate the law, guarantees that detainees
have access to legal counsel during an NSP investigation, and
mandates the creation of a National Assembly Committee to
oversee the agency. The antiwiretapping bill lays out broad
conditions under which the monitoring of telephone calls, mail,
and other forms of communication are legal; requires government
officials to secure a judge's permission before placing
wiretaps or, in the event of an emergency, after the fact; and
provides for jail terms for those who violate this law.
The South Korean Justice Ministry stated that arrests for
politically motivated acts declined because the number of
antigovernment protests, including acts of violence, dropped
significantly.
The Kim Administration issued several general amnesties, which
included prisoners convicted of politically motivated acts; the
amnesties cut by more than half the number of people in jail
for politically motivated acts, including espionage and
violence, from approximately 675 to under 300. In March,
shortly after his inauguration, President Kim declared a
wide-scale presidential amnesty which pardoned, paroled,
restored the civil rights of, or commuted or reduced the
sentences of about 5,800 persons charged under security-related
laws. The presidential decree gave amnesty to 144
security-related prisoners, including prominent dissident Rev.
Moon Ik Hwan, who in 1989 had traveled to North Korea without
permission from the South Korean Government, and seven other
political prisoners. Six long-term, elderly prisoners
convicted of espionage were also released. In May, in
celebration of Buddha's birthday, the Government released about
80 convicts in jail for politically related acts, including
student activist Im Chong Suk, who in 1989 helped fellow
student Im Su Kyong go to Pyongyang. In a Christmas amnesty,
the ROK released on parole 44 prisoners convicted of
politically motivated acts, including 20 unionists as well as
Choi Il Bung, who was arrested in 1992 for publishing antistate
materials.
The Government also did not interfere in peaceful events
sponsored by a South Korean dissident coalition led by Rev.
Moon Ik Hwan to commemorate Korean Liberation Day. It is
noteworthy that these events were carried out on behalf of an
organization the Government considered antistate, the
"Pan-National Committee for Reunification" ("Pomminnyon").
In an appeals case concerning the sale of pro-North Korean
materials, the Supreme Court reaffirmed past rulings that it is
legal under the NSL to possess antistate publications for
purely academic use, profit, or curiosity, but not with the
intent of aiding North Korea.
Arrests and prosecutions under the NSL continued, but their
numbers declined significantly. NSL arrests numbered around
80, compared with 305 arrests in 1992. Korean human rights
groups estimated that warrants remained for the arrest of about
300 people for violating the NSL or committing other
politically motivated acts. The authorities publicly promised
to be lenient to the maximum extent possible under the law if
such persons turned themselves in.
Lower courts rejected the prosecution's death penalty requests
for several suspects charged as leaders in what the Government
announced in 1992 was a major North Korean spy ring. The
courts instead sentenced them to life in prison or less. The
most prominent spy suspect, unification and labor activist Kim
Nack Joong, was sentenced to life in prison and fined nearly $1
million. Another suspect, long-time activist Kwon Tu Yong,
committed suicide after learning that prosecutors would ask for
the death penalty. The courts sentenced deputy spokesman for
the opposition Democratic Party Kim Bu Kyom to 1 year in prison
and a 1-year suspension of civil liberties, with a 2-year stay
of execution, for his involvement in the spy case. National
Assembly Defense Committee staffer Lee Kun Hee of the
opposition Democratic Party received a 3-year prison sentence
and a 3-year suspension of civil liberties.
In February, before President Kim's inauguration, a lower court
sentenced Tae Jae Jun, chairman of Korea's General Student
Association, to a 4-year prison term under the NSL and the Law
on Assembly and Demonstrations. Charges included waving the
North Korean flag, which the authorities considered an
antistate act. The NSP arrested Hwang Sok Young, a South
Korean novelist and ex-spokesman for "Pomminnyon" overseas,
when he returned to Korea after 4 years in self-exile. Among
the charges against Hwang are his activities for "Pomminnyon"
and visits to North Korea. The authorities also indicted Noh
Tae Hun, an ex-official of the Korean human rights group
"Mingahyop," for possession of an antistate newsletter
published by former long-term prisoners convicted of espionage.
The authorities continued to arrest and indict under the NSL
members of the Socialist Workers Alliance ("Sanomaeng"), which
the Government considered a pro-North Korea organization and
therefore antistate. Nonetheless, Sanomaeng arrests declined
to about 10, compared with over 65 arrests in 1992. Courts
also gave lighter sentences to NSL violators. When prosecutors
appealed a lower court's sentence of life in prison for
Sanomaeng leader Paek Tae Woong and requested the death
penalty, the Supreme Court instead reduced the sentence to 15
years in prison. The NSP arrested university instructor Cho
Guk in June partly for publishing antistate materials, but the
court gave him a suspended sentence in December.
Warrants issued by judges are required by law in cases of
arrest, detention, seizure, or search. The law does not
require the authorities to seek warrants if the person is
apprehended while committing a criminal act or if a judge is
not available and the authorities think that the suspect may
destroy evidence or escape capture if not quickly arrested. In
such emergency cases, judges must issue arrest warrants within
48 hours after apprehension, or, if a court is not located in
the same county, 72 hours. Police can detain suspects who
voluntarily come in for questioning for up to 6 hours but must
notify the suspects' families.
Upon issuance of an arrest warrant, the security services can
hold suspects during the investigation phase for up to 30 days
before an indictment is made. Article 19 of the NSL gives
judges the power to approve requests to extend the detention
period an additional 20 days, making detention legal for up to
50 days. The Constitutional Court, however, ruled that while
the authorities can extend detention beyond the legal limit of
30 days for those suspected of "serious" violations such as
spying or organizing an antistate group, they cannot do so in
cases where the suspects are charged only with praising North
Korea or failing to report NSL violations.
The Constitution specifically provides the right to
representation by an attorney. However, prosecutors prohibit
attorneys from accompanying their clients during any stage of
interrogation. There are often no facilities for private
meetings between suspects and their attorneys. In late April,
the Presidential spokesman quoted President Kim as directing
his aides to protect the human rights of suspects and guarantee
access to legal counsel. Suspects' access to legal counsel
during the investigation phase improved noticeably during the
year. In October the Government began to permit suspects
during the investigation phase to consult with "duty lawyers,"
a new system set up by a nongovernmental association of
lawyers.
There is a functioning system of bail.
e. Denial of Fair Public Trial
The Constitution provides defendants a number of rights in
criminal trials, including presumption of innocence, protection
against self-incrimination, freedom from retroactive laws and
double jeopardy, the right to a speedy trial, and the right of
appeal. When a person is physically detained, his initial
trial must be completed within 6 months of arrest. These
rights are generally observed. Trials are open to the public,
but the judge may restrict attendance if he believes the
spectators may seek to disrupt the proceedings.
The President, with the consent of the National Assembly,
appoints the Chief Justice and the other justices of the
Supreme Court for a term of 6 years. Lower court justices are
appointed by the Chief Justice with the consent of the other
justices. The President also appoints the justices of the
Constitutional Court.
Judges generally allowed considerable scope for examination of
witnesses by both the prosecution and defense. Political and
criminal cases are tried by the same courts; military courts do
not try civilians. Although convictions are rarely overturned,
appeals often result in reduced sentences. Death sentences are
automatically appealed. In recent years the judiciary has
shown increasing independence, and that trend accelerated in
1993. In a statement released to the public in late June,
junior judges from the Seoul civil court criticized past
political intervention in judicial decisions and called for
reform of the judicial personnel system.
The Government mandated disclosure of financial and real estate
assets by government officials, first in March, and then in
June, the latter of which led to the resignation of many
judicial officials, including the Supreme Court Chief Justice,
Prosecutor General, and national police chief in September. In
a personnel reshuffle, judicial officials generally considered
committed to the independence and integrity of the judiciary
were appointed, including Chief Justice Yoon Kwan, who promised
further reforms. In a series of cases, the courts continued to
rule against the Government by awarding compensation to
suspects abused by the authorities, punishing those responsible
for such mistreatment, and issuing lighter sentences for
politically motivated crimes.
The Constitutional Court, which began operation in 1988,
continued to grow in its role of interpreting the
Constitution. For example, it has upheld the confidentiality
of attorney-client discussions, ruling unconstitutional
government tape recording of such talks.
It is difficult to estimate the number of political prisoners,
i.e., those jailed for exercising their political rights
unaccompanied by violence, because it is not clear whether
particular persons were arrested for merely exercising the
right of free association or were detained for committing or
planning acts of violence or espionage. At year's end, Korean
human rights groups claimed that political prisoners, i.e., any
person arrested for politically motivated acts in opposition to
the Government, including espionage and violence, numbered less
than 300. It appeared that the number of political prisoners
and detainees as defined by international human rights
standards numbered well under 100.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
In general the Government honors the integrity of the home and
family. In the past, the security services conducted varying
degrees of surveillance, including wiretaps, of political
dissidents. In January released student activist Im Su Kyong
charged that her home was under surveillance by the NSP. The
Government stated, however, that one of its aims in reforming
the security services such as the NSP was to protect human
rights. The new antiwiretapping law and reformed NSP law,
passed by the National Assembly in December, were designed to
curb government surveillance of civilians.
The Government and the courts have taken a few tentative steps
to limit encroachments on the individual's right to privacy and
to make public government documents. For the first time,
President Kim ordered government agencies to assist the
opposition Democratic Party in releasing information about the
1973 kidnaping of prominent opposition leader Kim Dae Jung. To
make government functioning more open to the public, the
Foreign Ministry began to implement new regulations to
declassify and publicly release government documents.
Government informants are known to be posted on and around
university campuses. In May a student told reporters that
police paid him to supply information about student activists.
Persons thought to have backgrounds as political or labor
activists are still denied some forms of employment and
advancement, particularly in the fields of government,
broadcast media, and education.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Almost all political discourse is unrestricted. Limits
remained under the NSL on the expression of ideas that the
Government considered Communist or pro-North Korean.
Direct control over the print media virtually has disappeared.
Nonetheless, the Government's indirect influence on the media
remained considerable. Many journalists and editors practiced
some degree of self-censorship to advance their careers. Many
former journalists become public officials. Due to President
Kim's anticorruption campaign, government payments of money to
reporters, known as "chongji," have been curtailed but not
halted completely.
In June Defense Minister Kwon Young Hae lodged a libel suit
against the Joong-Ang Ilbo newspaper for a story that the
Government had banned him and 21 other current and former
defense officials from leaving the country due to their
suspected involvement in corruption in the purchase of certain
military weapons systems. The Government stated that the story
was false, and the newspaper dropped the story from later
editions and published a retraction the next day. In response
to the libel suit, prosecutors arrested the reporter who wrote
the article and also questioned the daily's president-
publisher, editor in chief, and managing and city editors.
After Joong-Ang Ilbo officials met with the Defense and
Information Ministers to apologize personally, Defense Minister
Kwon dropped the suit and authorities released the reporter.
Prosecutors continued to indict, albeit less frequently than in
the past, some dissidents for producing, selling, or
distributing pro-North Korean or pro-Communist materials. A
former human rights activist, Noh Tae Hun, was indicted under
the NSL for having copies of a newsletter published by former,
elderly prisoners who had served sentences for spying on behalf
of North Korea. In November the authorities investigated a
private group for using an electronic bulletin board service to
post antistate messages advocating a Socialist revolution and
supporting the "Socialist Workers Alliance" group.
Among the charges against student activist Chun Tae Jae was his
involvement in protests in which students waved the North
Korean flag. The authorities did not block student activists
from holding a 2-hour telephone conference in May with North
Korean students, but they did issue warrants for their arrest
under the NSL. Listening to North Korean radio is illegal if
the authorities judge it is for the purpose of helping North
Korea or an antistate organization. In March the Supreme Court
reaffirmed that it was legal under the NSL to possess
publications "benefiting the enemy" for purely academic use,
profit, or curiosity, but not with the intent of aiding "the
enemy." The ruling came in the case of Kim Hyong Kun, who was
indicted under the NSL for selling pro-North Korean books.
The Government continued to allow, within its guidelines, an
increase in media coverage of North Korea. Television networks
presented edited versions of North Korean television programs
on a weekly basis. The media extensively reported on U.S. and
South Korean talks with North Korean officials, sending
reporters to cover U.S.-North Korean talks in New York and
Geneva. In February, however, the state broadcasting company
KBS decided not to broadcast an interview with former student
activist Im Su Kyong, who was jailed for visiting Pyongyang in
1989 without the approval of the South Korean Government and
was amnestied in 1992. KBS reportedly decided that, if
broadcast, the interview would encourage others to travel to
North Korea without government permission.
The Government also allowed somewhat wider public access to
selected North Korean publications. The December 1991 landmark
agreements between South and North Korea included
provisions--long advocated by South Korea--for exchanges and
cooperation in publishing, journalism, radio, and television.
Nonetheless, North Korea's lack of progress in clearing up the
nuclear issue has stymied implementation of the North-South
Korean agreements.
There is a continued threat to academic freedom from leftist
students who intimidate professors whose lectures or writings
contradict the students' ideology. In September, 10 students
were seriously injured when student activists attempted to
storm the office of the Kyonggi University president to demand
his resignation, but instead they clashed with members of the
school's judo club and threw firebombs and rocks.
b. Freedom of Peaceful Assembly and Association
The Law on Assembly and Demonstrations prohibits assemblies
considered likely to undermine public order it forbids outside
interference in peaceful assemblies approved by the
authorities. The law requires that the police be notified in
advance of demonstrations of all types, including political
rallies. Police must notify organizers if they consider the
event not permissible under this law. Although the Government
did not amend the law, in practice it applied it with
restraint, permitting practically all assemblies and
demonstrations to be held. Dissidents reported that in
contrast to previous practice the Government this year approved
most applications to hold public assemblies and protests.
Police adopted a low-key approach to peaceful protests held
without police approval. Police either allowed the
demonstration to continue or transported protesters to the
outskirts of the city and left them there to find their way
back to the city. In general, police showed restraint and
discipline in the face of severe provocation during violent
demonstrations. In June students beat severely a riot
policeman, who was pronounced dead an hour later.
For the first time, the authorities permitted dissident and
independent unionists to hold a May Day march through the
city. In another first, the Government cooperated with the
citizens of the southwestern city of Kwangju in peacefully
commemorating the May 1980 uprising there. Up to 35,000 people
attended the ceremony, much of which was antigovernment in
content. The Government supported the "South-North Human Chain
for Peace and Reunification" organized by the dissident
National Council of Churches in Korea (KNCC) to commemorate
Korea's Liberation Day. The Government also did not block
peaceful Liberation Day rallies held by a dissident coalition
representing "Pomminnyon."
Demonstrations by university students declined again in 1993,
and student use of firebombs practically ceased. The most
violent occurred in Kwangju, particularly at the American
Center, ruling party headquarters, police stations and the
provincial capitol. Contrary to the nationwide trend, violent
student demonstrations in Kwangju increased relative to
protests in 1992. In March several hundred students, armed
with steel pipes and rocks, blocked President Kim from visiting
Kwangju cemetery, where he planned to pay his respects to
victims of the 1980 uprising there in order to alleviate
regional tensions. Police did not attempt to remove the
students by force.
c. Freedom of Religion
There is no state religion. Full freedom prevails for
proselytizing, doctrinal teaching, and conversion. Korea both
sends and receives missionaries of various faiths, and many
religious groups in Korea maintain active links with members of
similar faiths in other countries. The Government and the
public do not discriminate against minority sects. Adherence
to a particular faith confers neither advantages nor
disadvantages in civil, military, or official life.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There is universal freedom of movement within the country.
Foreign travel is generally unrestricted, but travel to North
Korea is allowed only with government approval. One of the
conditions is that the trip must not have a political purpose,
i.e., to praise North Korea or criticize the South Korean
Government. Between August 1989 and August 1992, 539 South
Koreans in 18 different groups visited North Korea, and another
2,247 contacted North Koreans with government approval. In
1993, however, the two sides had few exchanges and no meetings
at the prime minister level because of renewed tensions caused
by North Korea's refusal to allow complete International Atomic
Energy Agency inspections of nuclear facilities and to set up a
North-South Korean nuclear inspection regime. The NSP arrested
two labor activists on charges of violating the NSL for trying
to visit North Korea.
Following a spate of incidents in 1991 in which prosecutors
used exit bans to apply pressure on foreign citizens in
commercial disputes, the Government issued in January 1992 new
guidelines on the imposition of exit bans on foreigners under
the Exit and Entry Control Act. The act gives immigration
authorities discretionary powers to block the departure of both
foreigners and Koreans from Korea. The new guidelines provide
procedures where previously there had been none but still leave
a considerable amount of discretion to the authorities. There
were no further reports of exit bans involving foreign
citizens, although the threat of imposition of an exit ban
remained credible.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The Korean people have the right to elect their own
government. The Constitution, as amended in 1987, provides for
the direct election of the President and for a mixed system of
direct and proportional election of legislators to the
unicameral National Assembly. The President serves a single
5-year term and may not be reelected. The National Assembly's
term is 4 years. There is universal suffrage for all citizens
aged 20 or above, and elections are held by secret ballot.
In a February 25 inaugural ceremony, the reins of government
were peacefully transferred from Roh Tae Woo to Kim Young Sam,
who became Korea's first democratically elected, genuinely
civilian chief executive in nearly 30 years. This was Korea's
second, peaceful transfer of power in less than a decade.
President Kim instituted sweeping political reforms to reduce
corruption, further institutionalize democracy, and improve
human rights. In June President Kim won National Assembly
approval of a public servants ethics law which required
financial disclosures for members of the three top civil
service ranks and the Assembly. In August President Kim
instituted a real-name financial system to reduce corruption.
President Kim reformed the security services and reinvigorated
the Board of Audit and Inspection, which launched wideranging
inquiries into government corruption.
For reasons of culture and discrimination, women occupy few
positions in government and the professions. There are
currently 3 women in the 299-seat National Assembly, all of
whom were appointed to proportional representation seats based
on their parties' showing in the 1992 elections. The only
woman in the Cabinet has traditionally been the Second Minister
for Political Affairs, whose portfolio is women's affairs.
President Kim appointed three women to cabinet positions. For
the first time, women became the Ministers of Health and Social
Affairs and of Environmental Affairs.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Several nongovernmental private organizations are active in
promoting human rights and operate freely. Chief among these
groups are the Lawyers for a Democratic Society, the Human
Rights Committee of the National Council of Churches in Korea,
the Korean Bar Association, and "Mingahyop," an association of
the families of political prisoners. These groups publish
reports on the human rights situation in Korea and make their
views known both inside and outside the country. There were no
credible reports of government harassment. The National
Assembly and the major political parties all have committees
concerned with various aspects of human rights.
Government and ruling party officials have generally been
willing to meet with international human rights groups.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Women
Korea's conservative Confucian tradition has left women
subordinate to men socially, economically, and legally. Most
married women do not work outside the home. In large companies
women are often expected to resign upon marriage or no later
than the birth of their first child. Judicial decisions in
cases involving women petitioners or defendants are often
heavily influenced by the Korean Confucian ethos, which does
not accord women equal status with men. There has been a
gradual improvement, however, in social mores and values
affecting women. Women have full access to education, become
government officials, and hold elected office.
The National Assembly enacted an Equal Employment Opportunity
(EEO) law in 1988 and, in early 1991, the Government issued
"Guidelines to Eliminate Sexual Discrimination in Employment."
So far, however, the law and guidelines have had only limited
effect. There are very few women who work as company
executives, officials in government ministries, or lawyers.
While women account for just over 40 percent of the
economically active population, the average female worker's
wage remained a little over half that of the average male
worker, and starting wages for female university graduates were
40 percent lower than those of their male counterparts.
The traditional preference for male children continues in Korea
today. It is estimated that when today's children reach
marrying age there will be 400,000 "surplus bachelors." Korean
law bans sex testing and abortions except when the woman's life
is in danger, a hereditary disease would be passed along, or in
case of rape or incest. Fetal sex testing and abortion of
female fetuses, however, are still performed.
Korea's amended Family Law, which went into effect in January
1991, permits women to head a household, recognizes a wife's
right to a portion of the couple's property, and allows a woman
to maintain greater contact with her offspring after a
divorce. Although the revisions helped abused women, divorce
still remains a social taboo. Most Koreans remained unaware of
the revised law, and there is little government or private
assistance for divorced women. These factors, plus the fact
that employment opportunities for women are limited and that
divorced women have difficulty remarrying, leads some women to
stay in abusive situations.
According to a survey conducted by the Health and Social
Affairs Ministry, about 60 percent of 7,500 married women
nationwide responded that their spouses had mistreated them.
Close to half the women who reported mistreatment said that it
had occurred once or twice, and about 5 percent stated they
were subject to habitual mistreatment. Among respondents who
claimed they were physically mistreated, about half said that
their husbands had thrown objects at them, about a quarter were
pushed or thrown about, and about 20 percent were kicked or
punched. A quarter of mistreated respondents attributed the
mistreatment to their spouse's drinking. About 60 percent of
7,500 women said that they had heard about government-run
shelters for abused women. The Ministry reported that 245
women and 122 children used two government-run shelters.
Private groups have also set up a hotline and a few shelters
for abused women.
A 1992 report by the National Police Agency estimated that 9.8
women per 1,000 are raped in South Korea. Credible sources
indicated a significant rise in the number of cases reported in
1993. Whether this rise is attributable to increased violence
or increased reporting of violence or both is uncertain. In
any case, the National Assembly did not pass stronger bills
against rape, as proposed by the ruling and opposition parties
in 1992.
Children
Children's human rights and welfare have not been prominent
social policy issues. The Government continued to devote an
increasing share of the overall budget to social expenditures,
which includes those related to the welfare of children. A
United Nations Children's Fund report rated Korea excellent in
child welfare, particularly in child nutrition, health,
education, and family planning. Although government
expenditures on education are low compared with other
industrialized countries, Korea is notable for its very strong,
Confucian commitment to education, which government, society,
and parents support at all levels.
Child abuse has not been studied extensively, and statistics on
child abuse are limited. Reports to the authorities, however,
of child abuse nationwide numbered less than 50 in recent
years. According to official statistics, the number of runaway
children each year has dropped from about 7,000 in the past to
approximately 1,000. Seoul Metropolitan Government runs a
children's counseling center, which investigates reports of
abuse, counsels families, and cares for runaway children.
Because Korea does not have a specific law against child abuse,
however, it is difficult to prosecute and punish child abusers
unless they commit a crime punishable under a separate law.
National/Racial/Ethnic Minorities
The Republic of Korea is a racially homogeneous country with no
ethnic minorities of significant size. Nonetheless, regional
rivalries exist. Persons from the southwestern region (North
and South Cholla Provinces) have traditionally faced
discrimination. Many Koreans believe that successive
governments led by figures from the southeastern region (North
and South Kyongsang Provinces) have deliberately neglected the
economic development of the Cholla Provinces for political
reasons. President Kim attempted to alleviate longstanding
regional grievances, such as the brutal suppression of the May
1980 Kwangju uprising, through more evenhanded government
spending and appointments, naming natives of the Cholla
Provinces to be Prime Minister and Supreme Court Chief Justice.
Centuries of isolation and a history of foreign invasion and
occupation engendered a tradition of xenophobia in Korea.
Citizenship in Korea is based on blood, not location of birth,
and Koreans must show as proof their family genealogy. Thus,
Korea-born Chinese residents cannot obtain Korean citizenship
or become public servants and are unlikely to be hired by major
corporations. Due to legal as well as social discrimination,
many Chinese residents in Korea have emigrated to other
countries since the 1970's, with the number of Chinese
residents decreasing from 40,000 to 18,000 over the past
several years. Amerasian children are usually able to obtain
Korean citizenship. No formal discrimination exists. Informal
discrimination, however, is prevalent. Although a few
Amerasians have achieved fame in sports or entertainment, an
Amerasian is unlikely to become prominent in academia, business
or government.
People with Disabilities
As Korea continues to develop economically, socially, and
politically, community and social organizations have started to
focus attention on the issue of the rights and treatment of
handicapped and mentally ill or retarded people. Although
there are public displays of concern for the mentally and
physically disabled, such as the Special Olympics and
television documentaries, public facilities for their everyday
care and use remained inadequate and their general treatment by
society discriminatory. The Government lacked adequate
educational programs and schools for severely disabled people.
The Government did not discriminate officially against the
disabled who were capable of attending regular schools, but
societal pressures and cultural biases have a strong negative
impact on that access. The Government has not enacted
legislation or otherwise mandated accessibility for the
disabled.
Section 6 Worker Rights
a. The Right of Association
The Constitution gives workers, with the exception of most
public service employees and teachers, the right to free
association. There are, however, blue-collar public sector
unions in railways, telecommunications, postal workers, and the
national medical center. The Trade Union Law specifies that
only one union is permitted at each place of work, and all
unions are required to notify the authorities when formed or
dissolved.
In the past, the Government did not formally recognize labor
federations which were not part of or affiliated with the
country's two legally recognized labor groupings--the
Federation of Korean Trade Unions (FKTU) and the independent
Korean Federation of Clerical and Financial Workers. In 1993,
however, the Labor Ministry officially recognized four
independent white-collar federations, representing hospital
workers, journalists, office workers at construction firms, and
government research institutes. These decisions followed
rulings in the courts in 1992 that affiliation to the FKTU is
not required in order to be registered as a legal labor
federation. In practice, labor federations not formally
recognized by the Labor Ministry existed and worked without
government interference, except if the authorities considered
their involvement in labor disputes harmful to the nation.
The Government, however, did arrest unionists it viewed as
acting as third parties in instigating or prolonging labor
disputes, as in the summer strikes at a number of firms
associated with the Hyundai business group. As a result of the
fundamental shift made by President Kim's administration in
labor policy and government amnesties (20 trade unionists were
amnestied in December), the number of jailed workers plummeted
from approximately 176 in 1992 to about 20 by the end of 1993.
President Kim appointed National Assemblyman Rhee In Je, a
progressive, as Labor Minister. Unlike his predecessors, Rhee
said that he was labor's advocate in the Government and took a
tough stand against an insurance company accused of forcing
employees to resign from the union. He largely succeeded in
amending labor regulations to comply with recent court
decisions. Minister Rhee ended the Government's hardline
policy against dissident or radical labor federations such as
the Korea Trade Union Congress (KTUC or "Chonnohyup") and
affiliates of the Korean Congress of Independent Industrial
Federations (KCIIF). The Government met for the first time
with dissident and independent labor federations it did not
officially recognize, including the banned Teachers' Union.
Moreover, the Government did not interfere in the work of the
"National Labor Union Representatives Conference," which was
formed in March by labor federations not recognized by the
Government, such as KTUC, KCIIF, and labor federations
representing Hyundai and Daewoo unions. In December the
President reshuffled the Cabinet and replaced Minister Rhee,
who had been criticized heavily by the business community for
his policies, with former National Assemblyman Nam Jae Hee.
Government nonrecognition of a labor federation did not disable
a union unless the union's intervention in a labor dispute was
considered by the Government as a hindrance to the dispute's
resolution or seriously threatened the national economy. The
KTUC assisted the Hyundai Group Labor Union Association in
holding coordinated collective actions, including strikes, at
Hyundai companies. Mediation efforts by the Government,
including visits by the Labor Minister, failed to resolve the
strikes. In July the Government issued warrants to arrest KTUC
President Dan Byung Ho and seven other unionists for illegal
third-party intervention. Police searched the groups' offices
and arrested the Hyundai Group Labor Union Association chairman
and several other unionists. Arrest warrants remained valid
for Dan Byung Ho and three others.
For the first time, leaders of the banned teachers' union
(Chonkyojo) met with the Education Minister as well as other
government officials. The Government, however, did not lift
the ban on labor activities by both public and private
schoolteachers. Korean law mandates the ban, which the
Constitutional Court has upheld twice in recent years. The
Government instead offered to reinstate nearly 1,500 fired
teachers if they resigned from Chonkyojo. The Government began
to reinstate teachers who submitted their resignations from
Chonkyojo. Under the Christmas amnesty, the ROKG amnestied,
restored the civil rights of, or made eligible for rehiring,
170 teachers who had previously been fired for joining the
teachers' union.
There is no minimum number of members required to form a union,
and unions may be formed without a vote of the full,
prospective membership. Korea's election and labor laws forbid
unions from donating money to political parties or
participating in election campaigns. However, trade unionists
have circumvented the ban by temporarily resigning their union
posts and running for office on the ticket of a political party
or as an independent.
Strikes are prohibited in government agencies, state-run
enterprises, and defense industries. By law enterprises in
public interest sectors such as public transportation,
utilities, public health, banking, broadcasting, and
communications must submit to government-ordered arbitration in
lieu of striking. The Labor Dispute Adjustment Act requires
unions to notify the Ministry of Labor of their intention to
strike and mandates a 10-day "cooling-off period" before a
strike may legally begin. (This period is 15 days in public
interest sectors.) Overall membership in Korean labor unions
has been declining over the last several years, largely because
the explosion in labor organizing in 1987-89 left the movement
divided but well compensated and worker rights significantly
improved.
The FKTU is affiliated with the International Confederation of
Free Trade Unions (ICFTU). Most of the FKTU's 20 constituent
federations maintain affiliations with international trade
secretariats, as do KCIIF white collar federations and the KTUC
Metalworkers Council. In March the ICFTU held a conference in
Seoul to discuss labor law reform, which brought together
mainstream, independent, and dissident Korean trade unionists,
as well as Korean and foreign experts. In November the
Friedrich Ebert Institute organized a similar conference in
Seoul under the sponsorship of eight international trade union
secretariats.
In response to freedom of association complaints lodged by
Korean dissident and independent unions, the International
Labor Organization (ILO) Committee on Freedom of Association
(CFA) issued an interim report in March which recommended that
the Government bring Korean labor law and policy up to
international worker rights standards. In November the CFA
again recommended that the Government reform labor laws in
accordance "with the principles of freedom of association."
The Government under President Kim adopted a policy of
persuasion and mediation to settle strikes. To settle strikes
and work stoppages at 10 Hyundai companies, President Kim, for
only the second time in Korea's history, ordered binding
government arbitration to resolve the strike at Hyundai's auto
factory. Police intervention in labor disputes dropped
dramatically, and the number of labor disputes again declined
in 1993. In the summer, the Government deployed riot police
during strikes and work stoppages at Hyundai companies. There
were only two reported incidents of police breaking up strikes,
at Hyundai Precision and Apollo Auto Parts. There were no
reports of employer-hired squads assaulting workers in 1993.
Since July 1991 South Korea has been suspended from the U.S.
Overseas Private Investment Corporation insurance programs
because of a lack of significant progress in worker rights.
b. The Right to Organize and Bargain Collectively
The Constitution and the Trade Union Law guarantee the
autonomous right of workers to enjoy collective bargaining and
collective action. Although the Trade Union Law is ambiguous,
the authorities, backed by the courts, have ruled that union
members cannot reject collective bargaining agreements signed
by management and labor negotiators. This situation has in the
past led to repudiation of contracts and wildcat strikes.
Extensive collective bargaining is practiced. Korea's labor
laws do not extend the right to bargain collectively to
government employees, including employees of state or
public-run enterprises, and defense industries. The
Government's wage guidelines in 1993 matched the wage targets
negotiated between and agreed upon by the FKTU and the
employers association.
Companies operating in Korea's two export processing zones
(EPZ's) have been considered public-interest enterprises whose
employees' rights to organize and bargain collectively face
restrictions. In practice, however, unions at EPZ companies
have been formed, and workers in the two EPZ's exercise the
right to organize and bargain collectively like other private
sector unions.
Korea has no independent system of labor courts. The central
and local labor commissions form a semiautonomous agency of the
Ministry of Labor that adjudicates disputes in accordance with
the Labor Dispute Adjustment Law. Each labor commission is
composed of equal representation from labor (represented by the
FKTU), management, and "the public interest." Local labor
commissions are empowered to decide on remedial measures in
cases involving unfair labor practices and to mediate and, in
some situations, arbitrate labor disputes. The Labor Law
authorizes labor commissions to start conciliation and
mediation of labor disputes after, not before, negotiations
break down and the two sides are locked into their positions.
The Trade Union Law (article 39) prohibits antiunion
discrimination.
The Trade Union Law and Labor Dispute Adjustment Law forbid
third-party intervention in unions and labor disputes by
federations not recognized by the Government, (such as
Chonnohyup and KCIIF) but allow recognized labor federations,
principally the FKTU, its affiliates, and five independent
white-collar federations, to assist member unions. The ban on
third-party intervention also exempts mediation efforts by
lawyers, experts, and others who have the consent of both labor
and management. The Government continued to enforce the laws
against third-party intervention. Mutual labor-management
antagonism remains a serious problem, and some major employers
remain strongly antiunion.
c. Prohibition of Forced or Compulsory Labor
The Constitution provides that no person shall be punished,
placed under preventive restrictions, or subjected to
involuntary labor, except as provided by law and through lawful
procedures. Forced or compulsory labor is not condoned by the
Government and is generally not practiced. There were credible
reports, however, of illegal foreign workers who were not paid
back wages by their employers but who continued to work for, or
live in dilapidated housing provided by, their employers.
Credible reports exist of illegal foreign workers who were not
compensated for injuries suffered on the job, and of others who
lacked the funds to return to their home countries. There is
little government assistance for illegal foreign workers in
such circumstances.
d. Minimum Age for Employment of Children
The Labor Standards Law prohibits the employment of persons
under the age of 13 without a special employment certificate
from the Ministry of Labor. Because there is compulsory
education until the age of 13, few special employment
certificates are issued for full-time employment. Some
children are allowed to do part-time jobs such as selling
newspapers. In order to gain employment, children under 18
must have written approval from their parents or guardians.
Employers may require minors to work only a reduced number of
overtime hours and are prohibited from employing them at night
without special permission from the Ministry of Labor. Child
labor laws and regulations are clear and usually enforced when
violations are found, but a shortage of inspectors precludes
regular inspections. Child labor has not been identified in
any export industries.
e. Acceptable Conditions of Work
The Government implemented a minimum wage law in 1988. The
minimum wage level is reviewed annually. In 1993 it was about
$10 per day (8,041 won). Companies with fewer than 10
employees are exempt from this law, and some still pay below
minimum wages. Due to Korea's tight labor market, however,
most firms pay wages well above the minimum wage in order to
attract and retain workers. The FKTU and other unions continue
to claim that the current minimum wage does not meet the
minimum requirements of urban workers. The Government notes
that the money an average Korean blue-collar worker takes home
in overtime and bonuses significantly raises the total
compensation package. According to the Ministry of Health and
Social Affairs, 5.2 percent of the population lived below the
poverty level in 1992.
Discrimination occurs against foreign workers, most of whom
come from China, the Philippines, Bangladesh, Nepal, and
Pakistan to work, often illegally. The Government and labor
movement were largely unresponsive to protecting fundamental
labor rights of foreign workers illegally at work in Korea,
estimated by the Government to number about 60,000. There were
credible reports of Korean employers not paying illegal foreign
workers or providing substandard living accommodations. There
is no government channel whereby illegal foreign workers to
seek relief concerning loss of pay or unsatisfactory living and
working conditions. A handful of individual Korean churches
and ministers provided some assistance to illegal foreign
workers.
The Labor Standards and Industrial Safety and Health Laws
provide for a maximum 56-hour workweek and a 24-hour rest
period each week. Amendments to the Labor Standards Law passed
in March 1989 brought the maximum regular workweek down to 44
hours. According to the Ministry of Labor, the average Korean
worker worked 47.5 hours per week, including overtime, in 1992.
The Government sets health and safety standards, but South
Korea suffers from unusually high accident rates. The Ministry
of Labor employs few inspectors, and its standards are not
effectively enforced. The number of workers who suffered
work-related accidents in 1992 declined by about 16 percent,
from 128,169 to 107,435 accidents. The Labor Ministry
attributes industrial accidents to a focus on rapid,
export-based industrialization, worn out or old equipment,
increased use of hazardous chemicals, lack of research and
manpower, and, in the case of construction, firms in a
manpower-short sector employing unskilled workers without
proper training. The Industrial Safety and Health Law does not
guarantee that workers who remove themselves from dangerous
work environments would not jeopardize their continued
employment.
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