Country Report on Human Rights Practices for 1987
REPUBLIC OF KOREA
The year 1987 saw dramatic political change in the Republic of
Korea (ROK) , resulting in significant developments in the
human rights situation there. Large street demonstrations
broke out in June, partly the result of widespread
disenchantment with the Government over the death of a student
by torture at police hands in January and the highly unpopular
decision by President Chun Doo Hwan on April 13 to end debate
over constitutional revision.
Faced with continuing protests, on June 29 ruling Democratic
Justice Party [DJP] Chairman Roh Tae Woo, President Chun's
choice as his successor, announced far-reaching democratic
reforms. In addition to acceptance of the opposition's
demands for direct presidential elections, these proposals
included the release of political prisoners, a sweeping
amnesty, and restoration of civil rights, including those of
opposition leader Kim Dae Jung. On July 1 President Chun
accepted Roh's proposal.
In October ruling and opposition parties in the National
Assembly passed a bipartisan constitutional revision bill,
thus paving the way for Korea's first direct presidential
election since 1971. The election took place on December 16.
Four major candidates conducted a fiercely contested campaign,
occasionally marred by violence. Nearly 90 percent of the
electorate participated in the election, in which Roh Tae Woo
emerged as the victor with a plurality of around 36 percent.
These developments basically changed the political environment
in Korea and provide the possibility for further improvement
in the human rights environment.
The Korean Government describes itself as a liberal democracy,
but power under the Constitution of the Fifth Republic was
indisputably centered around President Chun. The Constitution
creating the Fifth Republic in October 1980 was written under
strict martial law conditions. The 1987 bipartisan revision
--to take full effect on the inauguration of the new President
February 25, 1988—is widely regarded as a key step in Korea's
democratization.
The elected legislature currently has substantially less power
than the executive branch, but it is a major forum for public
debate. The National Assembly's proceedings are reported
extensively by the media, and its influence on public opinion
is considerable. The new Constitution significantly increases
the legislature's authority and constrains the President's
exercise of emergency powers. Changes in the structure of the
legislature and National Assembly elections were pending at
year's end. The judiciary is generally independent and free
of government interference in ordinary criminal and civil
matters, but much less so in politically sensitive cases.
Korea is one of the world's most homogeneous societies. Its
sociopolitical tradition emphasizes order, conformity, and a
subordinate role for women. These attitudes, while changing
somewhat, nevertheless retain great strength, coexisting
uneasily at times with Western democratic ideals. This
tradition and a heavily armed and unpredictable Communist
North Korea, which invaded the South in 1950 and remains
committed to reunifying the entire peninsula under its
control, have caused successive South Korean governments to
give top priority to maintaining external and internal
security.
Koreans do have considerable personal freedom, including
economic and religious freedom, and broad rights to pursue
private interests. Since the mid-1960's, Korea's exportoriented
economy has achieved one of the world's highest
average growth rates. The population has a large and
well-educated urban component. Abject poverty has been
eliminated to a great extent, although there are shortfalls in
urban housing. The rapid growth of the economy has created
many of the social dislocations associated with rapid economic
growth in developing nations, but the already sizable middle
class is growing. Overall access to education, health care,
and wealth is increasing respect for human rights in Korean
society.
Many Koreans have complained that the security threat from the
North, which is genuine, has been used as a pretext by the
Government to suppress legitimate internal dissent. Although
the law enforcement agencies are well trained and generally
well disciplined, excessive use of force has been a continuing
problem, especially prior to June 29. Torture has also
occurred. Although the Constitution provides for freedom of
speech and press, in practice both have been abridged. The
new Constitution promises to make these freedoms a reality.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing:
In January university student Park Chong-Chol died in police
custody after being tortured during questioning about alleged
antigovernment activities. The Park Chong-Chol torture
incident, together with later revelations of an official
attempt to cover up the number of officers involved in the
case, drew widespread public condemnation and contributed
greatly to the outpouring of public sentiment against the
Government in June. Five police officers from the Anti-
Communist Division of the National Police Headquarters (NPH)
were arrested for direct involvement in the torture killing.
They were convicted and sentenced to prison terms ranging from
5 to 15 years. In September 1987, an appellate court reduced
the sentences of these five to from 3 to 10 years. Three
senior police officers were convicted of orchestrating a
coverup of the incident. They were eventually released with
suspended sentences. In mid-January 1988, newspaper stories
on the anniversary of Park's death led to a reopening of the
investigation, leading to the arrest of the head of the Korean
National Police on charges of ordering the coverup.
There were unconfirmed reports that Kim Sang-Won, a day
laborer, died in May as a result of injuries sustained while
in police custody in March. But it was unclear whether the
death was politically motivated or the result of physical
abuse during a criminal investigation.
In the summer, two protesters, one a university student and
the other a shipyard worker, died from injuries sustained
after being struck in the head by tear gas cannisters fired by
police during demonstrations. There was no evidence that the
deaths were premeditated in either case. One riot policeman
was killed during the wave of antigovernment demonstrations in
June after being hit by a bus commandeered by a demonstrator.
b. Disappearance
In January and February, human rights and opposition groups
charged that several students and others accused of
antigovernment activities had "disappeared" after being
apprehended by police and other government security officers.
All were eventually accounted for, but it was subsequently
learned that several had been held incommunicado for extensive
periods in violation of the law, prompting plausible
allegations that they were mistreated while in custody.
c. Torture or Other Cruel, Inhuman, or Degrading Treatment or Punishment
Despite Government insistence that it strictly enforces the
constitutional prohibition of torture, incidents of torture
occurred during 1987. In the Park Chong-Chol torture death
case described above, eight police officers were convicted,
five of them receiving prison terms. The Government admitted
official culpability in the Park Chong-Chol case but denied
that other instances of torture had occurred. Nonetheless,
there continued to be plausible reports of other cases of
torture and cruel treatment by government authorities, some as
late as October 1987. There were credible charges that labor
activists
in what was known as the "Namnoryon" (South Seoul Labor
Federation) case were mistreated while being questioned by a
government security agency and that even security agency
officials thought to be disloyal to the regime were tortured.
Korea's large police force is well trained and generally well
disciplined, but at times uses excessive force against
detainees, especially in political cases. Such abuses by the
police are a pervasive and ingrained problem. In 1987 there
were also instances when peaceful demonstrators, including
Protestant clergyman and lay believers, were beaten by
plainclothes police officers. On the other hand, despite
universal proclamations by organizers that demonstrations
against the Government would be peaceful, students and other
protesters frequently engaged in violence, throwing rocks and
homemade Molotov cocktails at police. Riot police have never
fired weapons nor do they employ baton charges in street
confrontations. The authorities claim that the preemptive use
of tear gas prevents injury or loss of life.
Conditions in Korean correctional institutions are austere,
especially in winter. Cells are unheated. Discipline is
strict. Prisoners who break rules or protest conditions are
sometimes beaten. Generally, prisoners are permitted visits
only by lawyers and members of their immediate family. There
does not appear to be a major discrepancy in the overall
treatment between political and regular prisoners in this
respect, but there continued to be periodic reports in 1987 of
confrontations between political prisoners, mainly ex-students,
and prison authorities. Opposition and human rights groups
have contended that political prisoners are beaten and
subjected to mistreatment by their jailors because of their
political views. The Government insists that prison
authorities exercise only the minimal force necessary to deal
with prisoners' defiance of authority.
Charges of police beatings occasionally occur in nonpolitical
cases and are sometimes reported in the press. In late
December 1986, the Supreme Court acquitted four people on
separate murder and robbery charges because the confessions
used against the defendants during their trials had been
obtained under duress. Similarly, the Supreme Court in
September 1987 overturned a lower court conviction because the
defendant was held in seclusion for 35 days and beaten
repeatedly to coerce him into making a false confession.
d. Arbitrary Arrest, Detention, Exile or Forced Labor
Arrest warrants are required by law but sometimes are not
presented at the time of arrest in politically related cases.
The Supreme Court ruled in 1985 that police may not detain a
suspect for more than 48 hours without issuing a formal arrest
warrant. Furthermore, authorities are required to notify the
family or lawyer of a suspect's detention and whereabouts
within 3 days of making a formal arrest. An indictment must,
be handed down within 30 days of the arrest. The Constitution
also assures the right to prompt legal assistance and to review
of an arrest by a court. These requirements are not always
observed, however, particularly in cases involving suspected
violators of security-related laws.
Beginning in October 1986 and continuing through the early
part of 1987, the authorities conducted sweeping roundups of
suspected antigovernment "leftists." During this campaign,
there were numerous violations of legal protections governing
arrest warrants and timely notification to family members and
lawyers. Relatives of some suspects apprehended by authorities
were unable to ascertain the whereabouts of those detained for
several days and even weeks, prompting charges that some of
them had "disappeared," even though all were eventually
accounted for. Another politically motivated roundup of
"leftists" occurred late in the year without widespread
violation of legal protections.
Habeas corpus, not traditional in Korean law, was introduced
after World War II, abolished in the 1970's, and reintroduced
in 1980. Although arguably inconsistent with the old and new
Constitutions, which state that all persons arrested or
detained shall have the right of review of the legality of the
arrest or detention, under the Code of Criminal Procedure
habeas corpus does not apply to those charged with violations
of the National Security Law or laws governing crimes
punishable by at least 5 years' imprisonment. Many political
offenses are therefore excluded. There is a system of bail,
but it does not apply to offenses punishable by 10 or more
years' imprisonment. In 1985 the Government adopted a new
policy to compensate persons held for questioning who are
subsequently found innocent by prosecutors. The courts
started to apply this provision in 1987.
Dissidents who openly criticize the Government are sometimes
charged with "spreading groundless rumors," detained for short
periods of usually less than 10 but sometimes up to 30 days,
and then released. Police and the security agencies
periodically increase surveillance of, or put under various
forms of house arrest, those they believe "intend to violate
the law." Such surveillance is allowed under the Social
Safety Act, which the Korean Federal Bar Association contends
is in part unconstitutional under both the new and old
Constitutions. This law permits measures including "protective
surveillance," "residential restriction," and "protective
custody" of certain persons considered likely to break the
law. These restrictions were used against opposition
politicians and religious and other dissidents, particularly
on days when antigovernment rallies and demonstrations were
planned.
Opposition politician Kim Dae Jung, for example, was placed
under house arrest several times in 1987, including for more
than 2 months on one occasion. Since July 1987, his movements
have not been restricted. He ran a vigorous campaign for
president in the fall.
In 1987 the Government investigated dissident and student
organizations and made many arrests on national security
grounds for alleged pro-Communist, pro-North Korean, or
antistate activities. Government critics claimed that in many
of the cases the charges were trumped up by the Government to
suppress dissenting views. There were occasional charges that
the Government identified suspected student activists for
immediate conscription into the armed forces. (Military
service is required of all Korean males, but students are
normally given deferments in order to complete their
education). Students convicted of antigovernment activities
were sometimes required to sign statements of repentance and
undergo "reorientation programs" (usually consisting of
lectures, slide shows, etc., on the dangers of communism)
before being eligible for release.
Preventive detention of persons deemed "socially dangerous" is
allowed under provisions of the Social Safety Act (referred to
as the Social Stability Law in previous reports) and the Act
for the Protection of Society (previously called the Social
Protection Law) . The Social Safety Act provides that certain
security offenders, including suspected North Korean agents,
can be kept under varying degrees of restriction and
surveillance as long as they are believed to constitute a
security threat. A judicial panel can order preventive
detention for a fixed term of 2 years after the completion of
the original prison sentence. This incarceration can be
extended by the panel for additional 2-year periods
indefinitely. The Government declines for national security
reasons to reveal the number of prisoners being detained under
the Act and maintains that it is applied mainly to securityrelated
offenders, such as North Korean spies. The Protection
Act also provides for preventive detention--"protective
custody"--f or 7 to 10 years. The law appears designed for
habitual criminals, the mentally ill, and drug addicts rather
than security offenders.
Prisoners judged to be insufficiently repentant are sometimes
held following the completion of their original prison
sentences. Two such inmates held under the Social Safety Act
are Soh Jong-Shik and Kang Jong-Kon. Soh is a Korean resident
of Japan who finished his original 7-year sentence for
violating the national security law in 1978. Kang Jong-Kon,
also a Korean resident of Japan, completed his 5-year sentence
in 1981. Their continued internment has been criticized by
international and domestic human rights groups, including the
Korean Federal Bar Association. In October 1987, the Supreme
Court ruled that the Social Safety Act was constitutional,
dismissing a lawsuit filed by Soh challenging the legality of
his detention.
In early 1987, the death of an inmate at a governmentsubsidized
welfare center for the destitute in Pusan led to an
official investigation which revealed that large numbers of
inmates were being held against their will at the center and
forced to work for the private gain of the director. The
director was convicted and sentenced to a 4-year prison term.
Charges of gross negligence by local officials responsible for
social welfare implicated the Government indirectly in the
forced labor practices at the center. Further accusations
were made that authorities accepted such facilities as useful
places to dump "troublemakers" and made little effort to
oversee them. The incident prompted calls for a review and
reform of the country's network of welfare centers. There
have been no reports of forced labor in prisons.
e. Denial of Fair Public Trial
The Constitution enumerates many rights of defendants,
including a presumption of innocence, protection against
self-incrimination, freedom from ex post facto laws and double
jeopardy, the right to a speedy trial, and the right to legal
counsel. These rights are generally observed. Trials, with
some exceptions, must be held within 6 months of arrest.
The President appoints members of the Supreme Court, whose
Chief Justice in turn appoints lower court judges. There is a
three-tier system for criminal cases: district court, appellate
(high) court, and the Supreme Court. The judiciary is
generally considered independent in ordinary criminal and
civil litigation but much less so in politically sensitive
cases
.
Most trials are open to the public, but attendance was
occasionally restricted at politically sensitive trials in
1987. In such instances, the court permitted only a few close
relatives of the defendants to observe proceedings from the
gallery. The Government has maintained that these measures
are necessary to maintain order in the courtroom because of
occasional attempts by unruly defendants and onlookers to
disrupt proceedings. Judges generally allow considerable
scope for examination of witnesses by both prosecution and
defense. The courts have, however, sometimes denied defense
requests to call "expert" witnesses to discuss the political
or ideological leanings of the defendants, even when the
prosecution has introduced evidence on such topics. The right
of defendants to be represented by an attorney is respected,
but attorneys are sometimes denied permission to meet with
defendants until after they are referred to prosecutors by the
police or other security/investigative agencies.
Although trials are usually open to the public, trial
documents are not part of the public record. Charges against
defendants are clearly stated. In lengthy and complex
indictments, however, the relationship between specific acts
alleged and violations of particular sections of the penal code
is not always clearly drawn. In cases involving a mixture of
political and criminal charges, this lack of clarity can bring
into question the fairness of the proceedings. Political and
ordinary criminal cases are both tried by the court system
described above. Military courts do not try civilians.
Defendants have the right of appeal in felony (including
politically related) cases, a right often exercised and
frequently resulting in reduced sentences. Death sentences
are automatically appealed.
The number of political prisoners fluctuated considerably
during 1987. In national security cases, neither the
Government nor Korean law distinguishes between criminal acts
of violence and actions such as disseminating "subversive"
literature (including North Korean propaganda). The Government
has in the past been reluctant to acknowledge that any
prisoners were "political prisoners" per se. At the beginning
of 1987, when the Government was conducting a large-scale
roundup of suspected "leftist" activists, human rights and
opposition groups claimed that as many as 2,000 political
prisoners were being held.
A major component of the democratization reforms announced
June 29 by the ruling Democratic Justice Party Chairman Roh
Tae Woo was the release of political prisoners. Consequently,
in July and August, the Government released a large number of
political prisoners in a series of special clemencies. During
this time, the Government also granted amnesty and restored
civil rights to more than 2,300 individuals, including
prominent opposition politician Kim Dae Jung. In August the
Government claimed that it was holding no more than about 100
political prisoners, all of whom it contended had been
convicted by the courts of being ideological "leftists" and
revolutionaries who sought to subvert society through violence
and other means. Human rights groups acknowledged that large
numbers of prisoners, mainly students, had been released, but
claimed that the number of real political prisoners still
being held was closer to 400.
During the summer numbers of people were arrested in connection
with growing labor strife. Beginning in September, authorities
began to apprehend significant numbers of suspected student
activists, including key leaders of the National University
Student Council Alliance ( "Chondaehyop" ) . Many of these
students were accused of violating the National Security Law
by allegedly forming subversive organizations, plotting to
undermine the presidential election, and fomenting social
unrest. Other arrests were made during and after the
presidential election campaign. By the end of 1987, human
rights groups estimated that there were around 1,200 political
prisoners, a figure given credence by the Government's
announcement in early January 1988 that about 1,200 prisoners,
including Kim Keun Tae, recipient of the 1987 Robert Kennedy
Human Rights Award, might be released in a special amnesty in
honor of the presidential inauguration on February 25.
f. Arbitrary Interference with Privacy, Family, Home or Correspondence
Many political, religious, and other dissidents are subjected
to varying methods and degrees of surveillance by government
security agents. During politically sensitive periods, this
surveillance by one or more security agencies may increase, or
a form of house arrest may be imposed or both. The tapping of
telephones and the opening or interception of correspondence
is believed to be prevalent. Koreans who meet with foreigners,
particularly with journalists, diplomats, and human rights
representatives, are often questioned afterward.
Listening to North Korean radio broadcasts is strictly
prohibited by law, and is punishable by a prison sentence.
Reading or purveying books or other literature considered
subversive, pro-Communist, or pro-North Korea is also illegal
and a punishable offense. In 1987, as in previous years,
several people, mostly students, were arrested and charged
with violating the National Security Law for both types of
offenses
.
The Constitution requires a warrant issued by a judge upon
request of a prosecutor for search and seizure in a residence.
The police, however, at times force their way into private
homes or offices without warrants. There are frequently large
numbers of uniformed and plainclothes police in city centers.
near university campuses, government and ruling party offices,
and media outlets because of fear of antigovernment
demonstrations. Citizens, particularly students and young
people, are sometimes stopped, questioned, and searched.
Government informants are known to be posted on and around
university campuses. Traditional Korean police practice
requires police commanders to be familiar with the personal
and business affairs of residents in their jurisdictions.
This system has generally proved effective in combating
ordinary crime, and urban residents generally credit it with
keeping streets safe. But the large police presence near
campuses has the primary purpose of keeping track of and
discouraging students from engaging in political activities,
and it has been a key complaint of students, faculty members,
and administrators.
In most other respects, the Government honors the right of
personal privacy and the integrity of the home and family.
Persons thought to have politically suspect backgrounds,
however, are denied some forms of employment and advancement,
particularly in government, the media, and education.
Although corroborating evidence is sketchy, it is widely
believed that the Government maintains a blacklist of labor
and student activists. According to reliable reports, the
Government periodically pressures large business corporations
and other enterprises into making "voluntary contributions,"
and threatens tax audits or the elimination of favorable loan
conditions for those who fail to comply.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Presso
During the latter half of 1987, the media was more open in its
coverage of events. Although freedom of speech and press is
provided for in the Constitution, in practice the expression
of opposition viewpoints has often been restricted, sometimes
severely.
Although National Assemblymen enjoy immunity from prosecution
for remarks made within the Assembly, they are not immune from
prosecution for what they write or say outside the chamber.
Opposition parliamentarian Yoo Sung-Hwan was arrested in
October 1986 for prior dissemination of an Assembly speech in
which he suggested that the first priority of the Government's
"national ideology" should be unification of the peninsula and
not anticommunism. He was convicted in April 1987 of violating
the national security law and sentenced to 1 year in prison.
Yoo was released from custody in July 1987, however, and
returned to active politics.
In 1980 the Chun government enacted a Basic Press Law, merged
broadcasting networks and newspapers, established a governmentowned
public television corporation, and prohibited national
newspapers from stationing reporters in provincial cities.
Media organizations were required to have a license to
operate. There are also criminal code provisions against
spreading "rumors which eventually disturb peace and order" or
"defiling the state." Government critics say that such
statutes were used to muzzle and punish dissident views. In
response to continuing public criticism over its restrictive
provisions, the Basic Press Law was abrogated by the National
Assembly in October. Ruling and opposition parties were
unable to agree, however, on a replacement law to govern the
publication of newspapers and periodicals and the broadcast
media
.
Under the old Basic Press Law the domestic media engaged in
"self-censorship" according to "guidelines" issued regularly
by the Government orally or in writing to editors. Journalists
who objected to or ignored these guidelines, or who printed
critical stories on politically sensitive topics were
occasionally picked up for questioning and intimidated by
security officers. After abrogation of the Basic Press Law in
late 1987, reports persisted that the Government tried to give
"guidelines," but the press felt less constrained to follow
them.
Four major national daily newspapers frequently carry articles
critical of the Government. Two other national dailies are
much less independent. A leading dissident group led by a
former journalist dismissed in the 1970's announced plans to
start an independent newspaper in 1988. Certain news items
are taboo, including any direct criticism of the President or
members of his immediate family. Praise of or support for
communism or North Korea is also strictly prohibited.
The two major television networks are controlled by the
Government. Although opposition viewpoints are usually aired,
coverage is biased. Opposition positions are often downplayed
and distorted. In 1987 opposition and dissident groups
continued to urge a public boycott of the television viewers'
fee collected by the Government. In October the Government
granted permission for the Christian Broadcasting System
(CBS), which is affiliated with a leading dissident Christian
organization, to resume limited newscasts banned since the
early 1980's.
In late 1986, three journalists were arrested and charged with
violating the National Security Law for publishing a series of
"press guidelines" issued by the Government to a leading
national daily newspaper. The "Mai" ["words"] case, as it
came to be known, was reported extensively by the press and
stirred considerable public debate. The three journalists
were all convicted in 1987, but the court released them by
suspending execution of their prison terms.
The Government announced in October that it was lifting the
ban on the sale of 419 books previously deemed "illegal," and
that only 219 books would remain on the banned list. Less
than 2 weeks after the announcement, however, government
authorities searched bookstores in Seoul, confiscating
hundreds of "blacklisted" books and detaining some bookstore
owners and publishers for questioning. In 1987 the Government
invoked the National Security Law at least a dozen times
against publishers, printers, and distributors for producing
or selling "subversive, ideological" literature.
Professors are expected to play an active role in preventing
campus demonstrations, a task many find objectionable. In
1987 some 1,400 professors and faculty members signed
petitions and other statements critical of President Chun's
April 13 decision to halt public debate over constitutional
revision. There is no evidence of retribution. In the past,
however, some professors who signed politically critical
statements were later subjected to various pressures and
punishments. In some instances, universities withheld
promotions and salary increases, yielded to government
pressure and demanded apologies, denied funds or grants to
pursue research abroad, or pressured professors to resign from
administrative positions.
b. Freedom of Peaceful Assembly and Association
A number of specified categories of assembly, including those
considered likely to "undermine public order or cause social
unrest," are prohibited by the Law on Assemblies and
Demonstrations. The law also requires that demonstrations of
all types, including political assemblies, be reported in
advance to the police, who may declare an assembly "unlawful."
Violation of the law carries a maximum sentence of 7 years'
imprisonment or a substantial fine. Most peaceful nonpolitical
assemblies take place without official supervision or
restriction
.
Meetings of opposition and dissident groups are closely
monitored and sometimes blocked, often by placing the featured
speaker under some form of house arrest. In 1987 the
Government prevented several opposition-sponsored gatherings
on grounds they might incite "social unrest" and were
therefore illegal. During the fall presidential campaign,
however, the opposition and government parties held a number
of large rallies, including some attended by over a million
people. Students are generally permitted to hold
demonstrations and rallies on campus, but police almost always
block attempts to march into the streets. Confrontations
ensue, often leading to violence. Radical students sometimes
attempt to create such encounters with the police.
Under the Constitution, workers are assured the rights of
independent association, collective bargaining, and collective
action. In the past these rights have been seriously
circumscribed in practice and law. Under present legislation,
the rights do not apply to certain categories of workers,
primarily government employees, the armed forces, policemen,
and firefighters.
The single national labor center, the Federation of Korean
Trade Unions (FKTU) , and its 16 national affiliate federations
and unions are not directly controlled by the Government. An
amendment to the Labor Union Law in October 1987 now permits
workers to organize industrial or vocational trade unions
nationally. The old law limited unions to individual
enterprises, with some minor exceptions such as some taxi and
bus drivers.
The political activities of federations and unions are,
however, limited by law. The Government has also interfered
with their other activities. For example, in 1987 the FKTU
leadership was pressured by the Government and ruling party to
issue a statement supporting President Chun's controversial
April 13 decision to end constitutional revision negotiations
between the ruling and opposition parties. Labor organizations
are prohibited by law from endorsing a particular political
party or politician, although the FKTU frequently lobbies the
government and National Assembly in connection with labor and
welfare-related issues.
The FKTU is affiliated with the International Confederation of
Free Trade Unions (ICFTU). The FKTU's constituent federations
and unions are affiliated with recognized international trade
secretariats. The Government has observer status at the
International Labor Organization (ILO) and aspires to become a
full-fledged member. A tripartite delegation regularly
represents Korea at major ILO conferences and functions.
Widespread labor unrest broke out across the country for about
3 months beginning in July, shortly after DJP Chairman Roh's
June 29 announcement of reforms. Through the first 10 months
of 1987, more than 3,000 labor disputes were recorded by the
Ministry of Labor, compared to 276 in all of 1986. During the
strikes, there were work stoppages and other collective
actions, most of them technically illegal. Workers demanded
trade union autonomy, higher wages and compensation, and
improved working conditions. Although most strikes and other
collective actions by workers were relatively peaceful, some
labor-related protests were violent. The Government generally
displayed restraint during labor unrest. Later the police
began arresting workers and student activists accused by the
Government of either engaging in violence or clandestinely
inciting laborers and attempting to imbue them with "leftist"
ideology. Although the Government subsequently freed many
detained workers, an estimated 250-300 were believed
to be still in custody in mid-November.
Largely in response to the labor upheavals, the National
Assembly in October revised some provisions of the trade union
and related laws to liberalize requirements and other
administrative procedures for organizing workers. The
changes, if observed in practice, should strengthen the
relative bargaining power of unions, which previously tended
to be weak vis-a-vis employers and the Government in wage and
other labor issues. The National Assembly failed, however, to
repeal the ban on political activities by organized labor.
Amendments to the labor laws in 1986 removed the FKTU and its
affiliates from the category of "third parties" barred from
lending assistance to local unions or intervening in labor
disputes. Other religious, dissident, and "nonof f icial" labor
groups, such as the Catholic Young Christian Workers (JOC) and
Protestant Urban Industrial Mission (UIM) , continued to be
prohibited by law from assisting legally established unions.
c. Freedom of Religion
There is no state-favored religion in Korea. There is
generally complete freedom for proselytizing, doctrinal
teaching, and conversion. The faith of political figures,
such as those contending for the Presidency, is not a
political issue. Korea both sends and receives missionaries
of various faiths. Many religious groups in Korea maintain
active links with members of similar faith in other countries.
Foreign missionaries, although generally welcome, are sometimes
subjected to various forms of harassment by immigration and
other government authorities if they have extensive dealings
with Korean political activists or directly criticize the
Government
.
The Government and Koreans in general do not discriminate
against minority sects. Adherence to a particular faith
confers neither advantages nor disadvantages in civil,
military, or official life. Churches and religious groups,
however, are subject to most of the restrictions on political
activities and criticism of the Government that apply to other
institutions. Many of the most vocal and well-organized
critics of the Government are religious in nature; these
include Catholic, Protestant, and Buddhist groups. Police in
1987 occasionally hindered religious services when they were
scheduled to coincide with a political or human rights related
rallies. Clergy and lay believers were sometimes harassed by
authorities for their political or social activism or for both.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
Except for criminals and some figures considered politicallysuspect,
most Koreans can obtain passports for overseas travel
in officially approved categories like business. Christian
activists, opposition politicians, and other dissidents whom
the Government believes may "defame the State" while abroad
are sometimes prevented from leaving the country. Religious
dissidents are sometimes prevented from attending church
conferences abroad at which "sensitive" political topics like
human rights or national reunification are to be discussed.
In November the Government refused to issue a passport to Ms.
In Chae Keun until it was too late for her to come to the
United States for the 1987 Robert Kennedy Memorial Human
Rights Award ceremony at which she was to receive the award on
behalf of herself and her husband, Kim Keun Tae, who has been
in jail since 1985.
Citing foreign exchange considerations and the problem of
unqualified students going abroad, the Government limits the
number of passports issued to tourists and prospective
students. Limitations on tourist travel were, however,
somewhat liberalized in 1987. Because Korea is one of the
most densely populated countries in the world, the Government
encourages emigration and does not discriminate against
prospective emigrants.
A small but continuing influx of Indochinese refugees
continues to be admitted to temporary first asylum in Korea.
They are cared for at a camp in Pusan by the Korean Red Cross
until they can be resettled abroad. Few have been permitted
to resettle permanently in Korea.
There is universal freedom of movement and freedom to change
employment within Korea, with the exception of the temporary
house arrest previously described.
Section 3 Respect for Political Rights: The Right of Citizens to Change Their Gonvernment
The President has been the center of power in modern Korea.
This concentration has been reinforced by traditional political
attitudes, law, and practice, and intensified by the support
the President enjoys from the military and security agencies,
and by the Government's active role in economic development.
No local autonomy currently exists in Korea; the President and
members of the National Assembly are the only elected
officials
.
In August 1980, under strict martial law conditions. President
Chun Doo Hwan promulgated the new Constitution establishing
the Fifth Republic. Claiming that this Constitution was
democratic and fair. President Chun expressed his preference
for selecting his successor through an indirect election
system. The opposition claimed that would be tantamount to
permitting Chun to name the next president and demanded direct
presidential elections.
In 1986 Chun responded to increasing pressure from the
opposition and said he would "not object" to revising the
Constitution provided it was the product of bipartisan
agreement. The ruling party proposed a parliamentary cabinet
system with a strong prime minister elected by the National
Assembly, arguing that such a system would help redress the
overconcentration of power in the presidency. The opposition
refused to budge from its demand for direct presidential
elections, which, it contended, reflected the will of the
majority of the people.
With talks between the ruling party and the opposition
stalemated, on April 13, 1987 President Chun unilaterally
ended public and National Assembly debate over constitutional
revision. He argued that there was a "pressing need" not to
waste "national energy" on constitutional revision with
important "national tasks," like the 1988 transfer of power
and hosting of the Olympic Games in Seoul little more than
1 year away. Chun's decision led to widespread civil
disturbances that rocked the country in June. DJP Chairman
Roh's dramatic June 29 announcement promising democratic
reforms and direct presidential elections ended the protests.
In October, after intense negotiations, the ruling and
opposition parties produced a bipartisan consensus on a
constitutional revision. The agreement called for a directly
elected president to serve one 5-year term beginning February
1988. In late October, Koreans overwhelming approved the
constitutional revision package in a free and fair national
referendum. On December 16, a national election for the
presidency took place. There were four major candidates for
President: Roh Tae Woo, opposition leaders Kim Dae Jung and
Kim Young Sam, and Kim Jong Pil, a former prime minister and
close confidante of the late President Park Chung Hee . The
election campaign was hard fought and sometimes marred by
violence. Nearly 90 percent of the electorate voted. Roh Tae
Woo emerged the victor with a plurality of around 36 percent,
winning approximately 2 million more votes than his closest
competitor. While Kim Jong-Pil, the head of the most
conservative opposition party, conceded victory to Roh
immediately, the opposition parties led by Kim Young Sam and
Kim Dae Jung challenged the outcome, alleging fraud.
The opposition parties had observers in both voting places and
ballot counting posts. While there appear to have been
numerous instances of irregularities and abuses of Korean
election laws, the available evidence does not suggest
systematic fraud of a kind which would call into question the
overall election results. Although they protested election
irregularities, the two Kims immediately began work on
participation in the National Assembly elections scheduled for
early spring 1988. President-elect Roh pledged to continue
efforts to realize greater democratization. Some student and
opposition groups staged protests against the "rigged
elections." Nevertheless, the public as a whole appeared
willing to accept the election results as an important first
step in the process of political development.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
The Republic of Korea does not welcome outside involvement in
the human rights area, but government and ruling party
officials have generally been willing to meet with
international human rights interest groups, such as Amnesty
International, the International Human Rights Law Group, and
Asia Watch. Representatives of these groups are, however,
closely watched during the time they are in Korea. Some have
had documents and other materials confiscated at the time of
their departure from Korea, and occasionally visas have been
denied such persons when they have subsequently applied for a
return visa.
According to the Government, public prosecutors and the human
rights division of the Ministry of Justice are responsible for
protecting human rights and investigating violations. The
Government has admitted some human rights problems, but claims
it is taking steps to address them. For example, in the wake
of the Park Chong-Chol torture killing in January, the
Government promised to take all necessary measures to prevent
a recurrence and set up a Human Rights Protection Committee
under the Office of the Prime Minister. The Committee met a
few times but was inactive for much of the rest of the year.
The National Assembly and political parties also have
committees which are concerned with various aspects of human
rights. Human rights issues, like the release of political
prisoners and allegations of prisoner mistreatment, continued
to be important issues in political debate. The human rights
committees of the major opposition parties were active in
investigating allegations of abuses, visiting prisons, meeting
with prisoners and their families, and providing legal defense
for court cases.
Several politically nonaffiliated private organizations are
active in promoting human rights, chiefly the Human Rights
Committee (HRC) of the Korean National Council of Churches
(KNCC) , the Catholic Justice and Peace Committee, the Family
Members Movement for the Realization of Democracy
( "mingahyop" ) , the Korean Federal Bar Association, and the
Korea Legal Aid Center in Seoul. These groups publish reports
on the human rights situation in Korea, submit petitions to
the Government, and make their views known both inside and
outside Korea. People working with these groups are sometimes
questioned and detained. Their offices are searched and
materials periodically confiscated by the security services.
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status
The Republic of Korea with more than 41 million inhabitants is
densely populated and racially and culturally homogeneous.
There are no ethnic minorities of significant size. Despite
the cultural homogeneity of its people, regional rivalries
exist in Korea. Many Koreans believe that persons from the
southwestern region (North and South Cholla provinces) face
some discrimination, and that successive governments led
predominantly by figures from southeast Korea (North and South
Kyongsang provinces) and other areas have neglected the
economic development of the Cholla region. The present
Government claims that it is making particular efforts to
encourage the development of the Cholla region.
In Korea, with its conservative Confucian tradition, women are
subordinate to men socially, economically, and legally.
Nonetheless, women are free to vote, become government
officials, and hold elected office. In 1987 Hong Sook-Ja, a
former career diplomat representing the Social Democratic
Party, became the first woman in Korea's history to run for
president, although she subsequently dropped out and joined
the campaign of Kim Young Sam. Women enjoy full access to
educational opportunities. They are increasingly represented,
though still largely at the entry level, in government and the
private sector.
In general, however, women are not protected against
discrimination in hiring, pay, or advancement. They are
commonly expected to resign from jobs upon marriage or
pregnancy. Women's organizations and members of the National
Assembly are trying to focus more attention on women's rights.
The Family Law was revised in 1960 and 1979, but critics
contend that the law is still inconsistent with Korean
constitutional provisions of sexual equality. For example,
women do not have equal rights with men in passing on
citizenship to their children, nor do they have equal rights
with regard to child custody in divorce cases. Women's rights
groups have continually campaigned for changes in these and
other points of the family law.
CONDITIONS OF LABOR
The Labor Standards Law governs the employment of minors and
female workers. Minors under age 13 must have a special
permit issued by the Ministry of Labor to be employed. Minors
under age 18 must have a parent or guardian's written approval
in order to work. They are prohibited from working at night
without special permission from the Ministry of Labor.
Certain labor-intensive industries, such as wearing apparel,
textiles, footwear, and small electronics assembly,
traditionally employ large numbers of recent junior high
school graduates, generally aged 15-17, for full-time
production line work. These young workers are generally
treated like other regular full-time employees and therefore
are not always accorded the full protections to which they are
entitled by law.
The Labor Standards Law provides for a maximum workweek of 60
hours, 1 paid day off a week, compensation for overtime and
holiday work, paid holidays, and annual leave. Recent
government statistics indicate that the average full-time
industrial worker spends more than 55 hours per week on the
job--one of the highest rates in the world. Workers are
usually compensated for overtime work, but unions often
complain that extensive overtime, often in excess of legal
limits, is mandatory. On January 1, 1988, the Government
implemented a two-tier minimum wage system and an ambitious
national pension system for industrial workers. It also plans
to expand eligibility for medical insurance benefits.
Although the Ministry of Labor has not yet released the
year-end figures, there were estimated to be more than 1,500
work-related fatalities in Korea in 1987. The Government has
pledged to take stronger measures, including fines and
imprisonment, to curb employer abuses. Government critics
cite the continued high incidence of such accidents as
evidence of lax enforcement procedures on the part of
government investigators
