"It's
time to repeal the law that violates human rights"
For
the record: South Korea's human rights abuses
The international community, particularly human rights organizations, welcomed and heralded the inauguration of Kim Dae Jung as President of South Korea in 1998. As a former dissident leader of the democracy movement and champion of human rights, many believed that South Korea had finally entered a new era of democracy. However, President Kim's human rights record in the last year and half has indicated otherwise.
Behind the veil of South Korean government's recent media campaigns celebrating the 50th anniversary of the Universal Declaration of Human Rights, human rights abuses are still widespread in South Korea. The infamous National Security Law (NSL) which was used to oppress and arrest many South Koreans during military dictatorships is still being used to arrest trade unionists, democratic and political activists, cultural workers, and every-day South Korean citizens.
During the first 10 months of Kim Dae Jung administration, 374 people have been arrested under the NSL. This is a three-fold increase from the previous administration. South Korean human rights organizations are greatly concerned that the human rights situation has not improved significantly since the days of the military regimes. It is unfortunate that President Kim Dae Jung, who vowed to repeal the NSL once in power, is fully condoning the use of the NSL to suppress the fundamental rights of people in South Korea.
What is the National Security Law?
The National Security Law (NSL) of South Korea has cast a dark shadow of oppression on countless people since its enactment in 1948. Since its beginning, the NSL has played the most critical role in the maintenance of dictatorial regimes in South Korea by casting a pervasive net of fear and oppression. It has been used to arrest thousands of innocent people unfairly and unjustly.
Recent National Security Law Cases
Despite the much talked-about reforms in the recent days and the government's claim of clean human rights record, the NSL continues its fearful presence by limiting and violating very basic human rights of the Korean people. Here are some of examples of the NSL's abusive power during the Kim Dae Jung administration:
The NSL was born of the Cold War. In that setting, the NSL had provided the most critical legal framework in the maintenance of military regimes in the past. Now that the Cold War is over and the democratically elected civilian government is in full charge, the very existence of the NSL must be questioned.
The NSL under Heavy Iinternational Scrutiny
The very existence of NSL is now under the severe international scrutiny, especially article 7 of the NSL. The case involves Mr. Tae-Hoon Park, who was arrested by South Korean authorities without a warrant, interrogated, and kept in detention for 50 days before the indictment. He was found guilty of violating article 7 of the NSL. His conviction was based on his membership and participation in the activities of Young Koreans United (YKU), during his study at an American university. YKU is an American organization that had been highly critical of the then military government of South Korea. Mr. Park's YKU activities were peaceful and in accordance with the US laws. Mr. Park joined YKU as a student with aspiration for democracy and peaceful unification of his homeland. Eventually, his case was communicated to the UN Human Rights Committee.
On December 8, 1998, the UN Human Rights Committee has issued views in accordance with the Optional Protocol to the International Covenant on Civil and Political Rights that the conviction of Mr. Park under the NSL is incompatible with the international human rights standards. The UN Human Rights Committee reminded South Korean government that, as a signatory to both the Covenant and Optional Protocol, it has an obligation to abide by the views of the UN Human Rights Committee. The South Korean government was given 90 days to come up with effective remedy, including appropriate compensation for Mr. Park, for having wrongly convicted him for exercising his right to freedom of expression. According to the Optional Protocol, the State party is also under an obligation to ensure that similar violations do not occur in the future.
On January 27, 1999, the South Korean government refused to abide by the views issued by the UN Human Rights Committee and announced that the domestic legal decision could not be overruled by a recommendation from an international body. The South Korean government's announcement that amounted to a rejection of the UN Committee's views ignited protests and criticisms by NGOs and human rights organizations. Human rights abuses under the National Security Law are an international issue and the international community must urge South Korea to comply with international human rights laws.
Article 7 of the National Security Law
The NSL is widely criticized for its arbitrary components. For example, when it is broadly applied, article 7 of the NSL can be used to suppress virtually any activities of citizens. Mere possession of a book or viewing of a film can be considered as the violation of article 7. This surreal application of the law occurred many times in reality. Currently, South Korean government is under heavy pressure from human rights organizations to repeal article 7 of the NSL. Article 7 states:
"(1) Any person who has benefited the anti-State organization by way of praising, encouraging, or siding with or through other means the activities of an anti-State organization, its member or a person who had been under instruction from such organization, shall be punished by imprisonment for not more than 7 years."
"(5) Any person who has, for the purpose of committing the actions as stipulated in paragraphs 1 through 4 of this articles, 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."
President
Kim Dae Jung,
c/o the Embassy of the Republic of Korea
2450 Massachusetts Ave., NW
Washington, D.C. 20008
In the past, you were known as a champion of human rights causes and you repeatedly mentioned that improving human rights condition in South Korea is your utmost priority. Certainly, human rights progress in some areas has been made in South Korea during your first year in office. And the recent amnesties to political prisoners were very welcoming news. However, I must express sad disappointment regarding your government's overall human rights record. It fell far below our expectations.
Since your inauguration to the presidency, arbitrary arrests under the National Security Law have actually increased. Everyday, South Korean citizens including students, trade unionists, political activists and artists get arrested for simply expressing their views or engaging in peaceful political activities. You may be aware that the United Nations Human Rights Committee has recently issued a view that the National Security Law, especially its article 7, is simply incompatible with international human rights standards and recommended your government come up with appropriate measures to stop human rights abuses. I believe that 50 years of human rights abuses under the National Security Law is more than enough. In order for South Korea to stop its human rights abuses, the National Security Law must be abolished in near future.
For sake of improving human rights situation in South Korea, I urge you to accept the UN Committee's views and take a meaningful step toward dismantling the National Security Law and its dark legacies.
Sincerely,
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