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SOUTH KOREA: Seven activists detained and charged with violating the National Security Law

September 3, 2001

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

31 August 2001

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UA-32-2001: Seven activists detained and charged with violating the National Security Law

SOUTH KOREA: The National Security Law - The denial of the right of freedom of assembly, expression and conscience
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The latest RESPONSE for this appeal is available at:
http://www.ahrchk.net/ua/mainfile.php/2001/164/

On August 24, seven activists among 337 South Korean civic, labour and religious delegates were arrested on charges of violating the National Security Law (NSL) after participating in the 2001 Grand Celebration for Reunification that was held in Pyongyang, North Korea, from August 15 to 21 to celebrate the 56th Korean independence day from Japanese colonisation. Upon their return home, 16 delegates were taken by the police at Kimpo domestic airport for questioning about their alleged controversial activities during this event in North Korea.

Six detainees are officials of the Pan-National Alliance for the Reunification of the Fatherland or 'Beomminreon'. The National Intelligence Service (the former Korean Central Intelligence Agency or KCIA), which detained the six officials, suspects that the Beomminreon officials violated the NSL by allegedly contacting their North Korean counterparts prior to their departure to discuss their participation in the North Korean Youth League meetings (a charge under Article 8 of the NSL), discussions which were unrelated to the liberation day event and therefore could bring additional charges.

Meanwhile, Prof. Kang Jeong-goo, who teaches at Dongkuk University in Seoul, was charged for praising the late North Korean president, Kim Il-sung, and the national defence commission chairman, Kim Jong-il, during this event (a charge under Article 7 of the NSL). Prof. Kang caused a controversy when he signed a visitor’s book at Mangyongdae, the birthplace of Kim Il-sung, and left a note that read: “Let’s achieve reunification by inheriting the Mangyongdae spirit,?which was interpreted as praise for Kim Il-sung and his spirit. The police have questioned Prof. Kang and 10 others over their alleged pro-North Korean activities in Pyongyang. They also confiscated computer files and other materials from the residences and offices of Prof. Kang and two other delegates.

The seven activists who were detained are (position, organisation, charges):

1. KANG Jeong-goo, professor at Dongkuk University (Article 7)
2. KIM Kyu-cheol, vice chairperson of Beomminreon (Articles 6 and 7)
3. CHUN Sang-bong, vice chairperson of Beomminreon (Articles 6 and 7)
4. MUN Jae-ryong, vice chairperson of the Seoul regional branch of Beomminreon (Articles 6 and 7)
5. KIM Seo-chang, Central Committee member of Beomminreon (Articles 6 and 7)
6. LIM Dong-kyu, chairperson of the Kwangju-Chonnam regional branch of Beomminreon (Articles 6 and 7)
7. PARK Jong-hwa, general secretary of the Kwangju Chonnam regional branch of Beomminreon (Articles 6 and 7)


BCAKGROUND INFORMATION

A Living Ghost - The National Security Law of South Korea

The National Security Law (NSL) of South Korea has cast a dark shadow of oppression on countless people since its enactment in 1948. The threat from North Korea, which was the basic rationale for its existence, has justified all kinds of restrictions and abuses of human rights in Korea since the division of the country in1945. Since its enactment, the NSL has played a critical role in the maintenance of dictatorial regimes in South Korea by casting a pervasive net of fear and oppression over the people. It has been used to arrest thousands of innocent people unfairly and unjustly. In fact, it has been no more than a useful instrument for dictatorship.

History shows that the law has been the most important means to suppress the basic freedom of the people. Barely a year after its enactment the NSL was used to crack down and arrest more than 100,000 people of various political persuasions who were opposed to the government’s policies. Especially during the military regimes of the 1960s, 1970s and 1980s, more than 10,000 people were tried and received jail terms for violating the NSL. Some of these prisoners were in jail for more than 20 years.

Despite the victory in the 1998 presidential election of Kim Dae-jung, a former long-term dissident and the winner of the 2000 Nobel Peace Prize, the NSL still exits and continues its fearful influence by limiting and violating the basic human rights of the Korean people. Since President Kim took office, there has been much discussion about reforming the NSL. Most human rights and civic organisations in South Korea have demanded that the NSL be abolished. On the other hand, political parties, including Kim Dae-jung’s party, have insisted on, at best, only a partial amendment of the NSL. However, there is strong consent among the people that the NSL should be abolished or amended soon. According to a recent survey, 78.2 percent of South Korean citizens are in favour of mitigating or repealing the law.

The NSL is widely criticised for its arbitrary components. For example, when it is broadly applied, Article 7 of the NSL can be used to suppress virtually any activity. The mere possession of a book or viewing a film, for instance, can be considered a violation of Article 7. This surreal application of the law has occurred many times. The Article 7 states:

"(1) Any person who has benefited the anti-state organisation by way of praising, encouraging or siding with or through other means the activities of an anti-state organisation, its member or a person who has been under instruction from such organisation shall be punished by imprisonment for not more than seven years.
. . .

"(5) Any person who has, for the purpose of committing the actions as stipulated in Paragraphs 1 through 4 of this article, produced, imported, duplicated, possessed, transported, disseminated, sold or acquired documents, drawings or any other similar means of expression shall be punished by the same penalty as set forth in each paragraph."

SUGGESTED ACTION

Please write to the following people, urging them to abolish the NSL and release the seven detainees immediately.

SAMPLE LETTER (use this letter or write your own short message)

Your Excellency,

First of all, I was upset to hear that the National Security Law (NSL) of South Korea still exists or continues, at best, without any amendment. Its existence creates fear in society by limiting and violating the basic human rights of the Korean people even though four years have passed since you became the president of the country.

I have heard so many times about the notorious role of the NSL in Korea and its terrible impact on the Korean democratic and reunification movement. That is why the abolition of the NSL has always been at the top of the list of demands in the country’s long journey for democratisation and the reunification of Korea. I strongly urge you to abolish the NSL immediately. This act will not only benefit your own country but will be a good signal to other Asian countries which also oppress their people under draconian laws like the NSL, such as the Internal Security Act (ISA) in Malaysia.

I once again firmly urge you to take further steps to abolish the NSL and to release immediately the seven detainees without any preconditions.

Yours sincerely,


SEND LETTER TO:

Mr. Kim Dae-jung
President of Republic of Korea
The Chungwoadae
1 Sejong-ro, Chonro-gu
Seoul, 110-050
REPUBLIC OF KOREA
FAX: +82 2 770-0202
TEL: +82 2 770-0027
E-MAIL: president@cwd.go.kr
SALUTATION: Your Excellency

Send copies to:

Mr. Choi Kyung-won
Ministry of Justice
1 Jungang-dong, Kwachon-si
Kyonggi Province, 427-760
REPUBLIC OF KOREA
FAX: +822 504-3337 or +822 503-7046
E-MAIL: legal_moj@moj.go.kr
SALUTATION: Dear
PLEASE MARK: ATT - MINISTER CHOI KYUNG-WOON

Mr. Kim Jung-kwon
Representative of the New Millenium Democratic Party
Kisan Building, 15 Yoido-dong, Youngdeungpo-gu
Seoul, 150-010
REPUBLIC OF KOREA
FAX: +82 2 761-0550
TEL: +82 2 784-2855
E-MAIL: webmaster@minjoo.or.kr
SALUTATION: Dear
Document Type :
Urgent Appeal Case
Document ID :
UA-32-2001
Countries :
Issues :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.