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TITLE: REPUBLIC OF KOREA HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
REPUBLIC OF KOREA
The Republic of Korea is governed by a directly elected
president and a unicameral national assembly selected by both
direct and proportional election. The ruling Democratic
Liberal Party continued its efforts to reform the political
system and the economy but still has not been able to eliminate
some vestiges of its authoritarian past.
Responsibility for maintaining internal security lies with the
National Security Planning Agency (NSP), the Korean National
Police (KNP), and the Defense Security Command (DSC). In July
the National Assembly created an intelligence oversight
committee to serve as an independent watchdog on security
agencies. According to legislation passed in 1993, the NSP is
restricted from interfering in domestic politics and has
investigative authority only in cases involving terrorism,
espionage, and international crime organizations. Although the
1993 legislation was intended to prevent human rights abuses by
these security agencies, there continued to be some credible
reports of such abuses.
Korea has become a major industrial power and achieved rapid
economic growth despite a lack of natural resources. After an
economic slowdown in 1993, production rose in 1994 with an
increase in the gross national product exceeding 8 percent.
However, a number of problems remain, including high levels of
rural migration to the cities, labor shortages, unbalanced
regional development, an inefficient agricultural sector, and
inadequate infrastructure.
The Government took some steps to strengthen judicial
independence and increase awareness of human rights by
appointing new judges, prosecutors, and police. However, it
slowed the pace of reform in response to increased tensions
with North Korea over the nuclear issue, a rise in violent
student demonstrations, and labor unrest, and it shelved
planned reform of labor laws. Korea's labor statutes and
practice continued to fall short of international standards.
There continued to be credible reports that the police deprived
some suspects of access to counsel and subjected some suspects
to verbal threats and sleep deprivation during interrogation.
There was also one confirmed case in which authorities
physically abused a suspect under interrogation. Women
continued to face legal and societal discrimination and
widespread physical abuse, and there is still no effective
legal redress for these problems.
The Government continued to subject released political
prisoners to surveillance and required them to make regular
reports to the police under the Social Surveillance Law. The
Government has not addressed the issue of amnesty or redress in
some of the cases of prisoners who are serving long sentences
on charges believed to have been fabricated by previous
governments. Some of these prisoners were reportedly subjected
to torture to extract confessions and to trials that did not
meet international standards of fairness. Although direct
government control over the news media has virtually
disappeared, the wide latitude provided judges in determining
the motive behind the production, sales, and distribution of
"pro-North Korean" or "pro-Communist" literature and the
possibility of arrest under the National Security Law (NSL)
have curtailed press freedom.
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 reports of political or extrajudicial killings by
the police or military. In August a bystander at a radical
student rally was interrogated and assaulted by a group of
demonstrators who suspected him of being a government
informant. The man died shortly afterwards, and one of the
students has been indicted in this case.
b. Disappearance
There were no reports of disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Government has ordered investigating authorities to protect
the human rights of suspects, and allegations of abuse by
authorities of those in custody for questioning continued to
decline. Nonetheless, prosecutors continued to place much
emphasis on extracting confessions from suspects. In spite of
government directives discouraging sleep deprivation as a
technique for obtaining confessions, there continued to be
credible reports of police questioning suspects through the
night, of suspects being denied the right to talk to a lawyer
for several days after arrest, and, in at least some instances,
of physical abuse. The Government has confirmed that police
physically abused murder suspects under interrogation in one
particular case in Pusan. Also, dissidents Kim Sam Sok and his
sister Kim Un Ju, who were arrested in September 1993 under the
NSL, claimed that they had been abused while in detention.
Both charged that the police had used sleep deprivation, verbal
threats, and beatings to extract confessions from them. Kim
Sam Sok also charged that he had been sexually abused by
authorities, while his sister cited threats of rape (see
Section 1.e.). An investigation of these allegations is
ongoing, but evidence has not yet surfaced to substantiate
their claims of sexual abuse.
There were also reports of verbal abuse and threats during
questioning. These reports were particularly frequent during
the mass arrests of students following the upsurge of violent
protests over the summer.
The Government continued to investigate and consider cases in
which former detainees argued that they deserved redress for
torture suffered in the past. However, the Government has
failed to provide an effective mechanism for redress, such as
an independent body to investigate complaints of human rights
violations. It remained relatively rare for officials accused
of abuse or harassment of suspects to be prosecuted.
Prison diets are adequate, but the prisons offer little
protection against cold in winter and heat in the summer.
Consequently, some prisoners claim that the conditions have
damaged their health. There have been a few claims that prison
guards have used excessive force or have needlessly put
prisoners in manacles. Prisoner access to reading materials
has improved significantly in recent years. There is little
independent monitoring of prison conditions, although
representatives of human rights groups may see certain
prisoners if approved by the prison warden.
d. Arbitrary Arrest, Detention, or Exile
Korean law is vague with respect to detention, 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
criticize the Government or to praise North Korea, its leader
Kim Il Sung, or Kim Il Sung's "self-reliance" ("juche")
political philosophy. The United Nations Human Rights
Committee termed the NSL "a major obstacle to the full
realization of the rights enshrined in the International
Covenant on Civil and Political Rights." The Government
arrested over 200 dissidents under the NSL during the year,
more than twice as many as in 1993.
Article 7 of the NSL permits the imprisonment for up to 7 years
of anyone 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." The
legal standard for knowing that one might endanger the
existence of the State is vague. Consequently, a number of
Koreans have been arrested for what appears to be simply
expressing leftwing views. In February the police arrested
members of Heemangsae, a singing group whose song lyrics
express support for "juche" philosophy, under the NSL's
provisions. In May the police arrested students in Kwangju who
built an altar honoring Kim Il Sung during a demonstration and
charged them with violating the NSL. The police also
investigated university professors at Kyongsang University
under the NSL because a textbook they had written several years
ago used Marxist jargon and echoed some of the ideology of Kim
Il Sung (see Section 1.e.).
The Government's rationale for keeping the NSL is that North
Korea is actively trying to subvert the South Korean Government
and society and that special circumstances call for limiting
some forms of expression to block the greater danger to freedom
and democracy posed by totalitarianism. The effect is to
relieve the Government of the burden of proving in a court of
law that any particular speech or action does, in fact,
threaten the nation's security.
The law requires warrants to be issued by judges in cases of
arrest, detention, seizure, or search, except if the person is
apprehended while committing a criminal act, or if a judge is
not available and the authorities believe 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, in 72 hours. Police may detain suspects who
voluntarily come in for questioning for up to 6 hours but must
notify the suspects' families. However, they do not always
respect these legal requirements.
Upon issuance of an arrest warrant, the security services
normally must release suspects after 30 days unless an
indictment is made. Hence, detainees are a relatively small
percentage of the total prison population. 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 may extend detention beyond the
legal limit of 30 days for those suspected of "serious"
violations, such as spying or organizing an antistate group,
they may not do so in cases in which the suspects are charged
only with praising North Korea or failing to report NSL
violations.
The Constitution specifically provides for the right to
representation by an attorney. However, prosecutors prohibit
attorneys from accompanying their clients during
interrogation. The Government began to permit suspects during
the investigative phase to consult with "duty lawyers," a new
system set up by a nongovernmental association of lawyers.
However, there were numerous complaints that access to a lawyer
was restricted during this phase. There is a functioning
system of bail, but human rights lawyers say that bail is
generally not granted in cases involving serious offenses, and,
even when the offense is relatively minor, bail often will not
be granted unless the victim of the alleged crime agrees to the
bail request.
There were no cases in 1994 of political dissidents being
exiled without due process.
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, the 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 spectators
may seek to disrupt the proceedings.
The President appoints the Chief Justice and most justices of
the Constitutional Court. Although judges do not receive life
appointments, in recent years the judiciary has shown
increasing independence, and that trend continued in 1994.
Judges cannot be fired or transferred for political reasons.
Judicial officials generally considered committed to the
independence and integrity of the judiciary were appointed to
important positions in 1994.
In July Chief Justice Yoon Kwan nominated six new justices to
the Supreme Court, including a lawyer previously active in the
human rights movement. In a notable instance of judicial
independence, prosecutors who sought to arrest Kyongsang
University professors in September under the NSL for writing a
Marxist textbook were thwarted by a judge who denied the
warrants, arguing that prosecutors had not provided evidence of
the professors' pro-Communist activities. Similarly, in the
case of Kim Sang Sok and Kim Un Ju, the Supreme Court limited
the kind of evidence that could be deemed a "state secret."
The Kims, who were convicted on charges of working with North
Korean agents overseas, were cleared on appeal of passing a
"state secret" (a South Korean newspaper), thus reducing their
sentences by from 1 to 3 years.
Judges generally allow considerable scope for examination of
witnesses by both the prosecution and defense. Cases allegedly
involving national security and criminal cases are tried by the
same courts. Although convictions are rarely overturned,
appeals often result in reduced sentences. Death sentences are
automatically appealed. The Constitutional Court, which began
operation in 1988, continued to grow in its role of
interpreting the Constitution.
The courts continued to investigate allegations of past abuse
of political dissidents. Human rights groups believe that many
of these prisoners were sentenced to long prison terms on
trumped up charges of spying for North Korea during the 1970's
and 1980's. Furthermore, they had been held incommunicado for
up to 60 days after their arrest, subjected to extreme forms of
torture, forced to make "confessions," and convicted after
trials that did not conform to international standards for a
fair trial. Human rights groups allege that some of these
political prisoners have been denied early parole because they
refused to renounce real or alleged communist beliefs. Those
political prisoners who have been released continue to be
subjected to police surveillance and requirements to report
their activities regularly to the police.
In a celebrated case, the families of 65 prisoners sued the
Government, arguing that these dissidents had been imprisoned
arbitrarily by past regimes. Human rights groups claim that
this case and others like it have received only perfunctory
investigation and that those who received unfair trials in the
past still languish in prison.
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. Because of a wave of
violent protests in 1994 over such issues as government trade
policy and the attendant government clampdown on dissidents,
the number of Koreans arrested for politically related crimes
increased substantially. Some human rights monitors estimate
that the number of political prisoners in Korea increased to
more than 500 in 1994. However, their definition of political
prisoner generally includes all persons imprisoned for acts
that were politically motivated, without distinction as to
whether the acts themselves included violence or other criminal
behavior. The number of political prisoners and detainees as
defined by international standards appears to number under 200.
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. The Antiwiretap Law and the law to reform the NSP
were designed to curb government surveillance of civilians, and
appear largely to have succeeded. The Antiwiretap Law lays out
broad conditions under which the monitoring of telephone calls,
mail, and other forms of communication are legal It requires
government officials to secure a judge's permission before
placing wiretaps, or, in the event of an emergency, soon after
placing them, and it provides for jail terms for those who
violate this law. Some human rights groups argue that a
considerable amount of illegal wiretapping is still taking
place and say the lack of an independent body to investigate
whether police have employed illegal wiretaps hinders the
effectiveness of the antiwiretapping law.
South Koreans are not allowed to listen to North Korean radio
in their homes or read books published in North Korea if the
Government determines that they are doing so for the purpose of
helping North Korea. Student groups make plausible claims that
government informants are posted around university campuses.
Persons with backgrounds as political or labor activists may
find it difficult to obtain some forms of employment or advance
in such fields as government, broadcast media, and
education.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
While most political discourse is unrestricted, under the NSL
the Government limits the expression of ideas that the
Government considers Communist or pro-North Korean. The
Government's definition is so broad that it often includes the
nonviolent views of persons, which the Government opposes.
Although most radio and television stations are state
supported, the stations maintain a large degree of editorial
independence in their news coverage. The censorship board,
which screens movies for sexual or violent content before they
are released, followed more liberal guidelines in 1994.
Consequently, a broader range of films was released to the
public.
While the Government has abandoned direct control over the news
media, it continues to exercise considerable indirect influence
on the media. Because many former journalists hope to become
government officials, journalists and editors often practice
self-censorship, avoiding or softening criticism of the
Government in order to advance their careers. Moreover, while
the Government's anticorruption campaign curtailed government
payments of money to reporters, it did not eliminate them.
The libel laws sometimes allow the Government or other
complainants to win judgments against publications for articles
that are unflattering but not necessarily untrue. In March Kim
Hyon Chol, President Kim Young Sam's son, sued the Hangyoreh
Sinmun newspaper after being the subject of an unflattering
article. This case has not yet been adjudicated. In a
celebrated case, some Ewha University students sued Newsweek
magazine after it published an article describing many Ewha
students as materialistic "slaves to money." The magazine was
ordered to pay $25,000 to each of three Ewha undergraduates
whose photographs were used to illustrate the story.
Prosecutors continued to indict dissidents under the NSL for
producing, selling, or distributing pro-North Korean or pro-
Communist materials. Court precedents allow Koreans to possess
these kinds of publications for purely academic use, profit, or
curiosity, but not with the intent of subverting the State.
Prosecutors sometimes abuse the discretion allowed them in
determining motives for possessing or publishing such material.
In 1994 it led to a number of arrests of publishers and writers.
In one such case, police arrested Park Chi Kwan, Chief Editor
of Il-Teo publishing, for possessing and publishing a novel
about laborers in steel mills originally published in North
Korea. In September police asked prosecutors to seek an
indictment of Cho Chung Rae, author of "Taebek Mountain," a
novel published several years ago that depicts Communist
partisans in South Korea in the 1940's in a sympathetic light.
The Government continued to allow, within its guidelines, an
increase in media coverage of North Korea. South Korean
television networks continued to broadcast edited versions of
North Korean television programs. 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 July the authorities began investigating eight Kyongsang
University professors whose textbook on Korean society was
deemed by prosecutors to endorse North Korean ideology. This
investigation caused an outcry in the scholarly community as
being a serious infringement of academic freedom. Prosecutors
who sought to arrest several of the professors under the NSL
were denied warrants by a judge who argued that the prosecutors
had not provided evidence of the professors' pro-Communist
activities.
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 impermissible under this law. Associations, except those
whose aim is deemed by the Government to be the overthrow of
the State, operate freely.
In general, police showed restraint and discipline in the face
of severe provocation during violent demonstrations in 1994.
During the first part of the year, authorities issued
demonstration permits with few restrictions. However, because
of an upsurge in violent protests, which increased more than
fourfold in the first quarter of 1994, authorities became more
restrictive. Such universities as Konguk and Sogang forbade
rallies on campus. In the past, Korean universities
traditionally had been a safe haven for virtually all forms of
political protest. Unlike in 1993, the Government did not
support the "South-North Human Chain for Peace and
Reunification" organized by the National Council of Churches in
Korea (KNCC), and authorities limited the scope of the human
chain rallies. The Government also blocked other Liberation
Day demonstrations organized by student groups and by a
dissident coalition representing "Pomminnyon" (Pannational
Alliance for Unification), arguing that the rallies would lead
to violence.
c. Freedom of Religion
The Constitution provides for freedom of religion, and the
Government respects this provision in practice.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
For most citizens, there is universal freedom of movement
within the country. However, police may restrict the movements
of some political prisoners who were released from prison.
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--that is, to praise North Korea or criticize the South
Korean Government. Travelers to North Korea who do not meet
this criterion are likely to be punished upon their return to
South Korea. For example, authorities revoked the publishing
license of Park Bo Hi, President of a newspaper in Seoul, after
he made an unauthorized trip to North Korea. Police also
arrested Pomminnyon leaders Reverend Kang Hee Nam and Ahn Hee
Chan who planned to enter North Korea through Panmunjom to
attend Kim Il Sung's funeral.
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 1994,
however, the two sides had few exchanges because of renewed
tensions caused by North Korea's refusal to allow complete
International Atomic Energy Agency inspections of its nuclear
facilities.
In the past, the Government has forbidden some Koreans
convicted of politically related crimes from returning to
Korea. In September the NSP lifted the entry ban on composer
Yun I Sang, a dissident who has been living in Berlin for a
number of years. However, the Government required that he
refrain from any political activity while in Korea and that he
give an accounting of his political activities overseas before
authorities would allow him into the country. (Yun refused
these conditions and decided against returning to South Korea.)
The Government cooperates with the office of the U.N. High
Commissioner for Refugees and other humanitarian organizations
in assisting refugees, and there were no reports of forced
expulsions of those having a valid claim to refugee status.
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. Kim Young Sam, who
took office in February 1992, is Korea's first civilian chief
executive in nearly 30 years.
Because of cultural traditions and discrimination, women occupy
few important positions in government. In past governments,
the only woman in the Cabinet had been the second minister for
political affairs, whose portfolio was Women's Affairs.
Currently there are two women in the Cabinet, holding
portfolios of Women's Affairs and Education. In addition, a
woman was appointed mayor of Kwangmyong City, and a female
legislator was appointed to chair one of the special committees
of the National Assembly.
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 they operate without government
restriction. Chief among these groups are the Lawyers for a
Democratic Society, Sarangbang, the Human Rights Committee of
the National Council of Churches in Korea, the Korean Bar
Association, and "Mingahyup," 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. Government and ruling party
officials generally have been willing to meet with
international human rights groups.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Women
A conservative Confucian tradition has left women subordinate
to men socially, economically, and legally. In some companies
women are expected to resign upon marriage or no later than the
birth of their first child. There has been some limited and
gradual change in social mores and attitudes affecting women;
for example, women have full access to education, and a few
have become government officials and hold elected office.
The Government has not effectively enforced equal employment
opportunity legislation dating to 1988. As a result there are
very few women who work as company executives or leading
officials in government. While women account for just over 40
percent of the economically active population, the average
female worker's wage remained a little over half of that of the
average male worker.
The traditional preference for male children continues in Korea
today, although it is less pronounced among people in their
twenties and thirties. 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. However, fetal sex testing and abortion of female
fetuses remain common, and it is estimated that when today's
children reach marrying age there will be 400,000 "surplus
bachelors."
Violence against women remains pervasive, and the law does not
provide adequate protection. Spouse abuse is common, and some
women's rights groups maintain that it has worsened in the past
few years. The Amended Family Law, which went into effect in
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, and there is little government or
private assistance for divorced women. These factors, plus the
fact that divorced women have limited employment opportunities
and have difficulty remarrying, lead some women to stay in
abusive situations. The Government has created some shelters
for battered women and increased the number of child care
facilities, which gives women in abusive situations more
options, but women's rights groups say they fall far short of
effectively dealing with the problem.
Korea has an extremely high rate of reported rapes. A 1992
report by the National Police Agency estimated that 9.8 women
per 1,000 are raped in South Korea. Since that time, the
number of reported cases may well have risen. The activities
of a number of women's groups in Korea have increased awareness
of the importance of reporting and prosecuting rapes as well as
less serious offenses such as sexual harassment in the
workplace. In a precedent-setting case this spring, a female
researcher at Seoul National University who alleged sexual
harassment by a professor was awarded approximately $40,000 in
damages. The award received wide and favorable media coverage,
but such cases remain the exception to the rule. According to
women's rights groups, cases involving sexual harassment or
rape generally go unprosecuted, and perpetrators, if convicted,
often receive very lenient sentences.
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.
Child abuse has not been studied extensively, and statistics on
such abuse are limited. Reported cases of child abuse have
generally numbered less than 50 in recent years. Although
experts believe that a number of cases go unreported, instances
of child abuse still appear to be relatively rare. According
to official statistics, the number of runaway children each
year has dropped from about 7,000 in the past to approximately
1,000. The Seoul metropolitan government runs a children's
counseling center, which investigates reports of abuse,
counsels families, and cares for runaway children. In the
absence of 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 violent suppression of the May
1980 Kwangju uprising, through more evenhanded government
spending and appointments. 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,
Korean-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 societal discrimination,
many Chinese residents in Korea have emigrated to other
countries since the 1970's. Amerasian children are usually
able to obtain Korean citizenship, and no legal discrimination
against them exists. Informal discrimination, however, is
prevalent and makes it more difficult for Amerasians to succeed
in academia, business, or government.
People with Disabilities
Community and social organizations have begun to consider the
rights and treatment of people with physical and mental
disabilities. Although there are public displays of concern
for the 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 negative impact on that
access. The Government has introduced guidelines encouraging
businesses to reserve a portion of jobs for the diasbled.
Beginning in 1995, new public buildings will be required to
include facilities for the handicapped such as a ramp access to
entrances, a wheelchair lift, and parking spaces for the
disabled.
Section 6 Worker Rights
a. The Right of Association
The Constitution gives workers, with the exception of public
service employees and teachers, the right to free association.
There are some blue-collar public sector unions in railroads,
telecommunications, the postal service, and the national
medical center. The Trade Union Law specifies that only one
union is permitted at each place of work and that all unions
are required to notify the authorities when formed or
dissolved. About 16.4 percent of all Korean workers are
members of a union.
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 the
past several years, however, the Labor Ministry officially
recognized some independent white-collar federations
representing hospital workers, journalists, and office workers
at construction firms and government research institutes.
Korean courts ruled 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, unless authorities considered their
involvement in labor disputes disruptive.
The Government, however, did arrest unionists it viewed as
acting as third parties in instigating or prolonging labor
disputes. The number of workers arrested for labor-related
activities increased to over 60, compared with 11 in 1993.
About 30 workers were still in jail as of year's end. During
the summer, for example, authorities arrested more than 20
members of Chongihyup, an unregistered union of railway
engineers, for leading an illegal railroad strike in June that
paralyzed the transportation network for several days. Other
unionists whom authorities alleged had entered the labor
movement to foment social unrest were also arrested. In
September police detained five members of the Songnam area
workers' association and charged them under the NSL with trying
to indoctrinate workers with Kim Il Sung's "juche" ideology.
The Government continued the ban on labor union activities by
public and private schoolteachers, arguing that the teachers'
union (Chonkyojo) is an essentially political organization with
radical aims. The Government continued its program of
reinstating some of the 1,500 fired teachers if they resigned
from Chonkyojo.
No minimum number of members are required to form a union, and
unions may be formed without a vote of the full prospective
membership. 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
determined to be of "public interest," including 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 Labor
Ministry of their intention to strike, and it mandates a 10-day
"cooling-off period" before a strike may legally begin. (This
period is 15 days in public interest sectors.) Labor laws
prohibit retribution against workers who have conducted a legal
strike and allow workers to file complaints of unfair labor
practices against employers.
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 response to freedom of association
complaints lodged by Korean dissident and independent unions,
the International Labor Organization (ILO) Committee on Freedom
of Association again issued a report in 1994 which recommended
that the Government bring Korean labor law and policy up to
international worker rights standards in accordance with the
principle of free association.
The Government under President Kim continued to cultivate a
more neutral stance in labor disputes. For example, the
Government refused to intervene in the strike at Hyundai Heavy
Industries (HHI), the first time since 1987 that a strike at
HHI did not lead to state intervention. Police intervention in
labor disputes was relatively rare. During the summer,
however, the Government deployed police to arrest workers
conducting sitdown demonstrations connected with the railroad
and subway strikes. Riot police also dispersed striking
workers who had occupied buildings at Kumho and Daewoo
factories.
There were no reports of employer-hired squads assaulting
workers in 1994.
Since July 1991, South Korea has been suspended from the U.S.
Overseas Private Investment Corporation (OPIC) insurance
programs because of the Government's infringements on freedom
of association and other worker rights.
b. The Right to Organize and Bargain Collectively
The Constitution and the Trade Union Law provide for the right
of workers to collective bargaining and collective action.
This law also empowers workers to file complaints of unfair
labor practices against employers who interfere with union
organizing or practice discrimination against unionists.
Employers found guilty of unfair practices can be required to
reinstate workers who were fired for union activities.
Extensive collective bargaining is practiced, even with unions
that are not legally recognized by the Government. Korea's
labor laws do not extend the right to organize and bargain
collectively to government employees, including employees of
state or public-run enterprises, defense industries, and public
and private schoolteachers.
Workers in Korea's two export processing zones (EPZ's),
designated by the Government as public interest enterprises,
whose rights to organize were formally restricted, have now
been given all the rights enjoyed by workers in other sectors
of the economy.
Korea has no independent system of labor courts. The central
and local labor commissions form a semiautonomous agency of the
Labor Ministry 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. Arbitration is
compulsory in sectors of the economy (e.g., utilities and
transportation) that are deemed essential to public welfare.
The Trade Union Law and Labor Dispute Adjustment Law forbid
third-party intervention in union and labor disputes by
federations not recognized by the Government (such as
Chonnohyup and KCIIF), but they allow recognized labor
federations, principally the FKTU, its affiliates, and some
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, a policy much criticized by non-FKTU
labor leaders.
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 reports,
however, of illegal foreign workers who were not paid back
wages by their employers but who continued to work for their
employers or who lacked the funds to return to their home
countries.
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 Labor Ministry. 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 limited number of overtime hours and are prohibited
from employing them at night without special permission from
the Labor Ministry. Child labor laws and regulations are clear
and usually enforced when violations are found, but the
Government employs too few inspectors to carry out regular
inspections.
e. Acceptable Conditions of Work
The Government implemented a minimum wage law in 1988. The
minimum wage level is reviewed annually. As of September,
1994, the minimum wage was raised to $12.00 (9,360 Won) per
day. Companies with fewer than 10 employees are exempt from
this law. Due to Korea's tight labor market, however, most
firms pay wages well above the minimum 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. In fact, a worker earning the
minimum wage would have some difficulty in providing a decent
standard of living for himself and his family, despite the
fringe benefits such as transportation expenses with which
Korean companies normally supplement salaries. (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.
Employers continue to discriminate against foreign workers,
most of whom come from China, the Philippines, Bangladesh,
Nepal, and Pakistan to work, often illegally. The Government
has sought to alleviate the problem of illegal workers by
initiating a pilot program whereby 20,000 foreign workers are
allowed to enter Korea legally to work at established wages and
with legal safeguards. Illegal foreign workers, however, who
probably number more than 60,000, still suffer significant
hardships at the workplace, and employers often provide them
substandard living accommodations. It is difficult for illegal
workers to seek relief for loss of pay or unsatisfactory living
and working conditions because they are always under the threat
of being deported.
Amendments to the Labor Standards Law passed in 1989 brought
the maximum regular workweek down to 44 hours, with provision
for overtime to be compensated at a higher wage, and also
provide for a 24-hour rest period each week. However, labor
groups claim that the Government does not adequately enforce
these laws, especially with regard to small companies.
The Government sets health and safety standards, but South
Korea suffers from unusually high accident rates. The accident
rate continues to decline gradually, due to public and union
pressure for better working conditions. However, the number of
deaths resulting from work-related accidents remains very high
by international standards. The Labor Ministry has improved
enforcement of safety standards but still lacks enough
inspectors to enforce the laws fully. The Industrial Safety
and Health Law does not guarantee security for workers who
remove themselves from dangerous work environments.
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