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Republic of Korea
Follow-up to previously transmitted communications
1350. By letter dated 17 December 2003, the Government provided information concerning:
1351. Lee Soo-ho, Kim Young-je, and Jang Kwang-su (E/CN.4/2004/56/Add.1, para. 1332). The Government informed that these allegations have not been confirmed, but the following information shows that two members of the union, to which the alleged victims belonged, were arrested for violent acts wounding several policemen as well as for illegal demonstration. On 6 December 1999, members of the Korean Confederation of Trade Unions (KCTU), including the alleged victims, set up a container on the street in front of the National Assembly although the district authority and the police repeatedly warned them about the illegality of installing the container. When the police tried to remove the container the next day, the members resisted violently. Some of them locked themselves in the container. Others threw a large speaker at the police from the top of the container, causing several policemen to be injured. The Public Prosecutor’s Office investigated the incident and indicted two members of KCTU for causing physical harm to the policemen. Later, the court sentenced both of them to two years and six months’ imprisonment with a three-year suspended sentence. Since there were then no complaints regarding their allegations of cruel treatment, they were not confirmed by evidence at that time. Thus, it is now almost impossible for the government to verify whether their allegations are true or not. There is no evidence supporting them in the Government’s possession. This case is closed unless the alleged victims provide evidence to support their allegations. There have been no formal or informal complaints made on behalf of the alleged victims. The Government fully guarantees the right to freedom of expression and of peaceful assembly and association as set forth in the article 19 of the International Covenant on Civil and Political Rights. At the same time, the Government has been firm and strict in dealing with those resorting to illegal and violent means in the execution of those rights, including illegal occupation of roads, violent acts, and destruction of production and public facilities. The Government has endeavored as far as possible to minimize the number of arrests by investigating without detention those protesters who did not mastermind or commit violent acts, and by releasing them without charge.
1352. Over 300 members of the Daewoo Motors Workers’ Union of the Bupyung Plant and their lawyer, Park Hoon (ibid, para. 1333). The Government informed that contrary to the allegations, they were engage in illegal and violent activities, kidnapping 12 policemen, incinerating two police cars, injuring 55 policemen, and occupying roads illegally, in protest of the police’s obstruction. On 9 April 2001 about 200 discharged unionists under the leadership of Park Hoon illegally occupied six roads and attempted to enter the factory, damaging its iron-wired fences. The next day, as their attempt failed due to the police blockade, about 450 discharged unionists, including Park Hoon, became violent, occupying roads and abducting and beating 12 policemen. After they robbed the policemen of anti-riot equipment, including 34 shields, 31 helmets and two walkie-talkies, they took their shirts off and lay down on the roads. The alleged incident took place when the policemen attempted to beak up illegal the occupation of the roads by the unionists. Even after the incident, some 200 discharged unionists continued to demonstrate, throwing stones and setting fire to two police cars. The protestors tried to enter the office as part of an illegal gathering, and while illegally blocking roads. Thus, it was legitimate for the police to prevent the illegal attempt of the unionists whose intention was clearly to occupy the factory. The police’s action was not in disobedience to the ruling secured by the unionists because it did not prohibit the police’s prevention of planned illegal activities. Due to the incident on 10 April 2001, 55 policemen were injured, three severely, and about 40 unionists including Park Hoon were also injured, two severely. Park Hoon instigated the abduction of 12 policemen and acts of mob violence. Thus, the police’s acts were to restrain him and end the illegal activities he incited. It is regrettable that some unionists were injured in the process, but it took place in the course of lawful actions, not abuse of power. On 19 April 2001, 92 unionists of Daewoo Motors, including Park Hoon, filed a complaint against the chief of the National Police Agency and 18 police officers with the Supreme Public Prosecutor’s Office. Seven unions and civil organizations, including the Korean Confederation of Trade Unions and the Catholic Human Rights Commission, followed suit. According to the complaints, the incident was investigated by the Incheon District Public Prosecutor’s Office. On 30 December 2002, the complaints against the chief of National Police Agency and the 18 policemen were issed by the Office. However, since the complainants applied for adjudication to the Seoul High Court, attempting to overturn the dismissal, further inquiries are expected. If needed, legal action may be taken depending on the result of the adjudication. Immediately following the incident, the chiefs of the Incheon District Police and of the Bupyung Police Station were suspended in relation to the incident. This was a preliminary measure prior to completion of further investigation to determine whether the mentioned chiefs bore responsibility for the incident. The suspension was, however, not either an admission of or a punishment for impropriety or violation of the law. There were no penal sanctions imposed on the alleged perpetrators because their acts were legitimate implementation of official dutîes to maintain law and order and thus, the result was dismissal of charges against them. No policemen were punished, because there was no evidence to charge them of irregularities according to the investigations by the Incheon District Public Prosecutor’s Office. The inquiry by the Incheon District Public Prosecutor’s Office was conclusive. On 19 July 2001, the National Police Agency provided 98,759,640 Korean won to the labor union of Daewoo Motors for the medical expenses of the unionists, and according to the labor union, that money was spent on the medical fees for injured unionists includîng Park Hoon, as well as 55 policemen.
1353. By letter dated 17 December 2003, the Government provided information concerning:
1354. Ha Young-ok (E/CN.4/2004/56/Add.1, para. 1335). The Government informed that the Seoul District Prosecutor’s Office investigated the case after seven representatives from non-governmental organizations (NGOs) accused investigators of the National Intelligence Service (NIS) of torturing Mr, Ha. The investigation concluded on October 20, 2000 that there was no evidence to support the allegations that he was subjected to violence and drugged during the interrogation. Ha Young-ok claims that he was tortured into confessing. In fact, he had no choice but to confess, as his accomplices had already confessed his and their roles in the crime. Overwhelming evidence had been produced, including a radio and secret codes used for his illegal correspondence with a North Korean agent, along with other supporting documents proving the correspondence. Torturing Ha Young-ok was actually impossible due to daily visits by his lawyer and doctors who would have detected any torture throughout the interrogation period. According to doctors, who physically examined Ha Young-ok at the time of the interrogation, there was no injury other than a scratch on his left knee made at the time of arrest. Evidence submitted by Ha Young-ok’s doctors were insufficient, as the examination of Ha Young-ok took place four months after the alleged torture, and because it was solely on written replies from Ha Young-ok, respectively. The investigation concluded that there was no reason to suspect that Ha Young-ok had been tortured. If Ha Young-ok confessed because of torture or the influence of medication, it would be natural to assume that the interrogators forcibly extracting confession would ensure that Ha Young-ok confessed all of his crimes. However, he still has not confessed important aspects of the crime such as information regarding the structure of the anti-government entity, "Democratic Revolutionary Party" that he organized, or regarding other party members. The case is closed since Ha Young-ok did not request a re-examination of the case to the High Public Prosecutor’s Office when he could have done so, challenging the decision of the Seoul District Public Prosecutor’s Office. The court sentenced him to eight years’ imprisonment on 16 June 2000. Under a general amnesty, he was released on 30 April 2003.
1355. Phil-ho Jeong (ibid, para. 1336), the Government informed that contrary to the
allegations, for his heath and hygiene, leather handcuffs were removed from him several times
a day whenever needed, including for writing, daily exercise, washing, haircut, and medical
examinations. Phil-ho Jeong was protected by the legal use of metal and leather handcuffs
after duly taking into consideration his psychological instability and the high possibility of his
re-escaping or hurting himself or others. He was indicted for violating the Psychotropic Drugs
Control Act and committing an act of special robbery. On 24 February 2000, he escaped the
Kwangju District Court during his trial, after stabbing a duty officer in the neck with a homemade
knife. Since Phil-ho Jeong showed psychological instability after his re-arrest on 7
March 2000, metal handcuffs were used to prevent him from committing suicide or injuring
during his trial, after stabbing a duty officer in the neck with a home-made knife. Since Philho
Jeong showed psychological instability after his re-arrest on 7 March 2000, metal
handcuffs were used to prevent him from committing suicide or injuring others, in accordance
with article 14 of the Penal Administration Act. Article 14, paragraph 3 of the Act prohibits
the use of restraining tools, including handcuffs, as a means of punitive measures. A straitjacket is not permitted to be used as one of restraining tools in the Korean judicial
system, in accordance with the Penal Administration Act. Phil- ho Jeong’s allegation of torture
or cruel acts with use of restraining tools including handcuffs has no grounds, as those
restrained by such tools are closely inspected to ensure their physical health in accordance
with other related laws. Phil-ho Jeong has submitted petitions three times to the Minister
of Justice insisting that his basic rights were violated, but all of his petitions were
dismissed. He filed complaints six times in the Public Prosecutor’s Office, but all of his
complaints were likewise dismissed. As he is resorting to other means of recourse, the
decisions are not final. Phil-ho Jeong brought a constitutional challenge against the
Penal Administration Act and the Penal Procedure Code, which is under review. He also
petitioned eleven times to the NHRC, which is now investigating his case. Phil-ho Jeong
has brought a lawsuit for compensation, but the suit was dismissed by the Chungsong
District circuit court.
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This report has been published by Equipo Nizkor and Derechos Human Rights on July 27, 2005.