Freedom in the World 2024 - South Korea

FREE
83
/ 100
Political Rights 33 / 40
Civil Liberties 50 / 60
LAST YEAR'S SCORE & STATUS
83 / 100 Free
Global freedom statuses are calculated on a weighted scale. See the methodology.
 
 

Overview

South Koreans benefit from regular rotations of power and robust political pluralism. Civil liberties are generally respected, though the country struggles with minority rights and social integration. Legal bans on pro–North Korean activity affect legitimate political expression, and journalists can face pressure from the government over their coverage of or commentary on inter-Korean relations. Corruption is a persistent problem, with scandals implicating successive governments and company executives in recent years. Misogyny is also a chronic issue, and domestic violence and gender-based violence are prevalent despite laws meant to combat them.

Key Developments in 2023

  • In July, members of the Korean Metal Workers’ Union (KMWU) joined a nationwide strike by the Korean Confederation of Trade Unions (KCTU) to protest the government’s labor policies and demand better wages, causing disruptions in the country’s manufacturing sector.
  • Politicians across party lines were embroiled in a series of corruption scandals, and faced allegations of bribery, embezzlement, and abuse of power. The scandals prompted demands for greater transparency and anticorruption measures.

Political Rights

A Electoral Process

A1 0-4 pts
Was the current head of government or other chief national authority elected through free and fair elections? 4 / 4

The 1988 constitution vests executive power in a directly elected president, who is limited to a single five-year term. Presidential elections in South Korea are largely free and fair. In March 2022, People Power Party (PPP) candidate Yoon Suk-yeol, who served as prosecutor general under term-limited Moon Jae-in of the Democratic Party (DP), was elected to succeed Moon. Yoon defeated DP candidate Lee Jae-myung with the narrowest margin in South Korean history; Yoon won 48.6 percent of the vote while Lee won 47.8 percent.

A2 0-4 pts
Were the current national legislative representatives elected through free and fair elections? 4 / 4

The unicameral National Assembly has 300 members serving four-year terms, with 253 elected in single-member constituencies and 47 through national party lists. The DP won a majority in the 2020 legislative elections; as of 2023, the DP held 168 seats and the PPP held 111.

Local elections were held in 2022, including for 17 metropolitan mayoralties and provincial governorships. The PPP won 12 of those posts. Turnout stood at 50.9 percent, the second-lowest recorded for local polls.

A3 0-4 pts
Are the electoral laws and framework fair, and are they implemented impartially by the relevant election management bodies? 3 / 4

Elections are managed by the National Election Commission (NEC), an independent body whose nine commissioners are appointed for six-year terms. The president, National Assembly, and Supreme Court each choose three members. Elections are generally considered free and fair. While laws have been enacted to address the unfair division of legislative districts, complaints on this issue persist.

B Political Pluralism and Participation

B1 0-4 pts
Do the people have the right to organize in different political parties or other competitive political groupings of their choice, and is the system free of undue obstacles to the rise and fall of these competing parties or groupings? 3 / 4

Political pluralism is robust, with multiple parties competing for power. Party structures and coalitions are very fluid, and in addition to the two main parties, several smaller groups and independent members hold legislative seats.

The 1948 National Security Law (NSL) bans pro–North Korean activities. In 2014, the Constitutional Court dissolved the United Progressive Party (UPP) for violating it.

B2 0-4 pts
Is there a realistic opportunity for the opposition to increase its support or gain power through elections? 4 / 4

There have been multiple transfers of power between rival conservative and liberal parties since the early 1990s.

B3 0-4 pts
Are the people’s political choices free from domination by forces that are external to the political sphere, or by political forces that employ extrapolitical means? 3 / 4

Family-controlled business empires known as chaebol dominate the economy and wield significant political influence, and have historically been able to protect their interests despite calls for reform. Corruption scandals involving chaebol bribery have affected almost all of South Korea’s former presidents. In 2022, President Yoon pardoned a number of chaebol executives involved in bribery scandals during Park Geun-hye’s administration.

The National Intelligence Service (NIS) has been implicated in a series of scandals in recent years, including allegations of election tampering. A 2020 reform bill limited the NIS’s mandate to collecting information related to North Korea and overseas interests and prohibited conducting domestic surveillance. President Yoon reportedly expressed interest in repealing this reform in 2023.

B4 0-4 pts
Do various segments of the population (including ethnic, racial, religious, gender, LGBT+, and other relevant groups) have full political rights and electoral opportunities? 3 / 4

Although citizens who are not ethnically Korean enjoy full political rights, they rarely win political representation. Permanent residents can currently vote in some local elections, but a bill proposed in December 2022 would make their voting rights contingent on “reciprocity” from their countries of origin. Residents who are not ethnically Korean face extreme difficulty in obtaining citizenship, which is based on parentage. North Korean defectors are eligible for citizenship; two won National Assembly seats in 2020.

Women enjoy legal equality but remain underrepresented in politics, holding only 19 percent of seats in the National Assembly. Female representation in the cabinet is also low.

C Functioning of Government

C1 0-4 pts
Do the freely elected head of government and national legislative representatives determine the policies of the government? 4 / 4

Elected officials generally determine and implement state policy without undue interference from unelected actors.

C2 0-4 pts
Are safeguards against official corruption strong and effective? 3 / 4

Despite government anticorruption efforts, including investigations and prosecutions, practices such as bribery, influence peddling, and extortion persist. The 2016 Improper Solicitation and Graft Act establishes stiff punishments for those convicted of accepting bribes, and applies to government officials and their spouses, as well as to journalists and educators. The Corruption Investigation Office for High-Ranking Officials (CIO) investigates corruption allegations against public officials and can unilaterally indict police officers, prosecutors, and judges. Conflict-of-interest legislation for public servants took effect in 2022.

In June 2023, the Board of Audit and Inspection (BAI) began an audit of the NEC over reportedly nepotistic hires after the organization initially refused to allow an inspection. In September, the Anti-Corruption and Civil Rights Commission (ACRC) began an inspection of all lawmakers’ assets following the passage of legislation in May that requires government officials and lawmakers to declare their virtual assets.

In 2022, officials appointed during the Moon administration came under scrutiny over allegations that the administration had manipulated economic data, and a September 2023 BAI audit revealed economic “data manipulation.” Multiple National Assembly members resigned in 2023 due to allegations of corruption, and First Lady Kim Keon-hee was investigated for allegedly manipulating stock prices.

C3 0-4 pts
Does the government operate with openness and transparency? 2 / 4

A 1998 public-disclosure law allows citizens and resident foreigners to request access to the records of public agencies, except those related to national security. Access to some documents has been denied despite lawsuits seeking their disclosure.

While President Yoon has vowed to fight corruption and improve transparency, his administration has also experienced a series of scandals over matters including nepotism and favoritism.

Civil Liberties

D Freedom of Expression and Belief

D1 0-4 pts
Are there free and independent media? 3 / 4

The media environment is generally free and competitive, and the media reports aggressively on government policies and allegations of official and corporate wrongdoing. However, a defamation law authorizes prison sentences or fines, encouraging some self-censorship, and journalists have faced political interference from employers and government officials.

The Yoon administration has signaled that criticism of its activities and allegations that it has a left-wing bias could prompt retaliation and the number of defamation cases it has filed has risen. In 2022, the PPP filed a defamation suit against the Munhwa Broadcasting Corporation (MBC) for publishing a video of President Yoon apparently cursing while speaking to aide after meeting with US president Joseph R. Biden. In May 2023, the apartment of the journalist who reported on the video of President Yoon was raided on charges that he had of leaked the personal information of the minister of justice. Also in 2023, two media outlets—Newstapa and the Joongang Tongyang Broadcasting Company (JTBC)—were raided over their reporting on election interference, which implicated President Yoon. Journalists and foreign reporters have repeatedly been denied access to presidential media briefings and events since Yoon’s election.

Access to North Korean media is restricted. News coverage or commentary deemed to favor Pyongyang can be censored and lead to prosecution under the NSL. In 2022, the Unification Ministry published a report recommending that restrictions be loosened, but no changes were made in 2023.

The Korea Communications Standards Commission (KCSC) evaluates online content and blocks or deletes material according to vaguely defined standards; most of the affected content is reportedly related to illegal sex work, pornography, gambling, promotion of illegitimate food and medicine, or other criminal activity. In September 2023, the Korean Communications Commission proposed a “one strike” policy to counter outlets that report false information; the policy was criticized by observers as unconstitutional.

In 2022, prosecutors raided the offices of the country’s broadcasting regulator, the KCC, over concerns that it manipulated the broadcast-renewal process for two television outlets in 2020. KCC Chairman Han Sang-hyuk was indicted in May 2023.

D2 0-4 pts
Are individuals free to practice and express their religious faith or nonbelief in public and private? 4 / 4

Freedom of religion is constitutionally guaranteed and generally respected in practice. However, in 2023 the National Human Rights Commission of Korea (NHRCK) claimed the suspension of a mosque construction project in Daegu was the result of discrimination and prejudice. At the end of 2023 protests continued to block construction.

A 2018 Constitutional Court ruling found that the government had to provide alternative forms of service for conscientious objectors. The current options for alternative service, which last twice as long as active military service, have been criticized as being punitive.

D3 0-4 pts
Is there academic freedom, and is the educational system free from extensive political indoctrination? 3 / 4

Academic freedom is mostly unrestricted, though the NSL limits statements supporting Pyongyang and restricts access to material related to North Korea. Certain portrayals of sensitive historical issues—such as imperial Japan’s wartime sexual enslavement of Korean women—can be subject to government censorship or prosecution under defamation laws and other statutes.

A 2016 anticorruption law subjects teachers and administrators to the same tight restrictions as public officials.

D4 0-4 pts
Are individuals free to express their personal views on political or other sensitive topics without fear of surveillance or retribution? 4 / 4

Private discussion is typically free and open, and the government generally respects citizens’ right to privacy. However, the government’s capacity for surveillance remains robust. An antiterrorism law grants the NIS expansive authority to monitor private communications. The NIS, police, prosecutors, and investigative agencies can also access metadata without a warrant; this includes internet users’ national identification numbers, postal addresses, and telephone numbers.

The NSL restricts speech that is considered pro–North Korean. In 2022, the Constitutional Court reviewed the constitutionality of Articles 2 and 7 of the NSL, which define and punish “antistate” organizations and proscribe the production or possession of material considered rebellious. The court ruled that the articles were constitutional in September 2023. In November, the ruling supported the sentencing of a man convicted of writing a pro–North Korea poem in 2016.

E Associational and Organizational Rights

E1 0-4 pts
Is there freedom of assembly? 4 / 4

The government generally respects freedom of assembly, which is protected under the constitution. However, several legal provisions conflict with this guarantee, sometimes creating tension between the police and protesters over how the law is applied. In 2023, there were efforts to ban demonstrations between 12:00 and 6:00 AM.

Union rallies and antigovernment and antimilitary protests were held in 2023. LGBT+ pride events were held but were sometimes disrupted by protesters.

E2 0-4 pts
Is there freedom for nongovernmental organizations, particularly those that are engaged in human rights– and governance-related work? 3 / 4

Human rights groups and other nongovernmental organizations (NGOs) are active and generally operate freely, despite the risk of political pressure when they criticize the government or other powerful interests. Many South Korean NGOs rely on government grants.

In 2020, NGOs were banned from sending balloons carrying leaflets across the Korean Demilitarized Zone. The ban was struck down in September 2023.

E3 0-4 pts
Is there freedom for trade unions and similar professional or labor organizations? 4 / 4

Workers have the right to form independent unions and engage in strikes and collective bargaining. The country’s independent labor unions advocate for workers’ interests in practice, organizing high-profile strikes and demonstrations that sometimes lead to arrests. However, labor unions have diminished in strength as more South Koreans work on a temporary or part-time basis. Workplaces with fewer than 30 employees are not obligated to establish or operate collective agreements, and major employers sometimes engage in antiunion activity.

Many unions held strikes in 2023 in response to proposed job cuts or changes to work hours and overtime rules. In July, members of KMWU, including those from the automobile industry, joined a nationwide strike by the KCTU to protest the government’s labor policies and demand better wages, causing disruptions in the country’s manufacturing sector. In October, public sector workers staged a major nationwide walkout to demand better wages and working conditions.

The Korean Teachers and Education Workers Union (KTU) held rallies in response to the mistreatment of teachers in 2023; however, public school teachers are barred from taking collective action or striking.

In 2023, the NIS raided the offices of the KCTU because of suspected “ties with North Korea.”

F Rule of Law

F1 0-4 pts
Is there an independent judiciary? 3 / 4

The chief justice and justices of the Supreme Court are appointed by the president with the consent of the National Assembly. Appointments are made based on recommendations from the chief justice, who is assisted by an expert advisory committee. The chief justice is also responsible for lower-court appointments, with the consent of the other Supreme Court justices. The president, National Assembly, and chief justice each nominate three members of the Constitutional Court. The judiciary is generally considered to be independent, but senior judges have been ensnared in corruption scandals in recent years.

F2 0-4 pts
Does due process prevail in civil and criminal matters? 3 / 4

Judges render verdicts in all cases. While there is no trial by jury, an advisory jury system has been in place since 2008, and judges largely respect juries’ decisions. Ordinary legal proceedings are generally considered fair, but the courts have sometimes been accused of denying due process and impartiality to defendants in NSL cases.

In 2022, the National Assembly passed amendments to the Prosecutors’ Office Act and the Criminal Procedure Act that would limit prosecutors’ ability to directly conduct investigations. Despite petitions from the Justice Ministry and the Yoon administration, in March 2023 the amendments were found not to violate prosecutors’ authority.

In August 2023, President Yoon pardoned over 2,100 individuals, including prominent chaebol leaders, with the aim of stimulating the economy.

F3 0-4 pts
Is there protection from the illegitimate use of physical force and freedom from war and insurgencies? 3 / 4

Violent crime is relatively rare, but the country remains at war with North Korea, resulting in a heavy military presence in some areas and the constant threat of renewed combat. Minor incidents of violence near the de facto border are not uncommon. In December, a BAI audit reported that the Moon administration concealed information related to the death of a South Korean fishery official at the hands of North Korean soldiers in 2020.

In 2023, 23 officials were charged with negligence and involuntary manslaughter related to the October 2022 Itaewon crowd crush, in which nearly 160 people died.

Reports of abuse by prison guards are infrequent. Prison conditions generally meet international standards.

F4 0-4 pts
Do laws, policies, and practices guarantee equal treatment of various segments of the population? 3 / 4

South Korea lacks a comprehensive antidiscrimination law. Members of the country’s small non-Korean population face legal and societal discrimination, including forced repatriation. Children of foreign-born residents and single foreign parents are systematically excluded from education and medical systems, and estimates place the number of unregistered foreign children at up to 20,000.

Approximately 34,000 North Korean defectors have entered South Korea since 1998. While the government aims to socially integrate defectors, they can face months of detention and questioning upon arrival. Some defectors have reported abuse in custody and societal discrimination. In February 2023, four South Korean officials were indicted for allegedly mishandling the repatriation of two North Korean fishermen in 2019.

North Korean defectors need not apply for asylum using the same process as other applicants. Those from other countries are far more likely to have their claims rejected or mishandled by immigration officials; since 2019 the country has recognized less than three percent of asylum seekers as refugees each year.

Women generally enjoy legal equality but face significant social and employment discrimination; when compared to men, they enjoy a lower employment rate and suffer the largest pay gap among OECD countries. In August 2023, the Shinhan Card company was found guilty of purposely giving women’s applications lower scores in order to hire more men. In November, the Labor Ministry announced plans to investigate workplace gender discrimination.

Sexual harassment of women, including in the workplace, is common; a number of political figures have been accused as part of the #MeToo movement. In June 2023, National Police Agency data showed that in 2022, sexual crimes had rebounded to pre-pandemic levels.

Existing legislation bars discrimination based on sexual orientation but lacks specific penalties for violations. Transgender people are not explicitly protected and interpretations of gender identity are “left up to courts” on a case-by-case basis. In a survey released by Dawoom, an LGBT+ rights NGO, in May 2022, 67 percent of transgender respondents said they had experienced discrimination in the previous year.

G Personal Autonomy and Individual Rights

G1 0-4 pts
Do individuals enjoy freedom of movement, including the ability to change their place of residence, employment, or education? 4 / 4

Internal movement and travel abroad are typically unrestricted. Travel to North Korea requires government approval.

G2 0-4 pts
Are individuals able to exercise the right to own property and establish private businesses without undue interference from state or nonstate actors? 3 / 4

Property rights are respected. A well-developed body of law governs the establishment of commercial enterprises. However, the economy remains dominated by chaebol that have colluded with political figures to pursue their own interests, and property ownership for individuals has become especially difficult due to fluctuating housing prices.

G3 0-4 pts
Do individuals enjoy personal social freedoms, including choice of marriage partner and size of family, protection from domestic violence, and control over appearance? 3 / 4

Personal social freedoms are largely respected, and women and men generally have equal rights in divorce and custody matters. Abortion was decriminalized in 2021.

Domestic violence and gender-based violence are prevalent despite laws meant to combat them. Gender and dating violence have steadily risen in recent years, but ambiguity around how they are defined has led to low arrest and prosecution rates, as well as weak penalties. Foreign-born women also suffer high rates of domestic violence.

Most stalking victims are women, and few measures are taken to stop assailants from repeatedly approaching victims. In July 2023, the murder of a woman by her former boyfriend led to calls for harsher punishments for stalking and greater protections for women.

Same-sex marriage is not legal in South Korea, though in February 2023 a court ruled that same-sex couples are allowed to register for health insurance as spouses. Same-sex relations are not restricted for the general population, and in 2023, the military amended the Military Disciplinary Decree to remove mentions of same-sex relations from the definition of “sexual harassment.” However, in October, the Constitutional Court upheld the article in the Military Criminal Act that prohibits same-sex relations between soldiers.

President Yoon vowed to abolish the Ministry of Gender Equality and Family (MOGEF) during his presidential campaign. The ministry remains open, but its influence and programming—such as services for victims of sexual and domestic abuse, support for single parents and multicultural children, and other “family-related projects” such as youth counseling—have been significantly reduced.

Cases of alleged infanticide and infant abandonment reportedly increased in 2023.

G4 0-4 pts
Do individuals enjoy equality of opportunity and freedom from economic exploitation? 3 / 4

While protections against exploitative working conditions are enforced, foreign migrant workers remain vulnerable to illegal debt bondage and forced labor, including sex trafficking. In 2023, the government considered a pilot program to help address the country’s low birthrate by allowing domestic workers from Southeast Asia into the country to work for parents, prompting concerns of exploitation. Migrant workers’ groups have denounced the employment permit system and legislation that makes it difficult for individuals to change their employment, which can expose workers to abuses and mental health-related issues.

Delivery workers, some of whom have died from overwork, typically lack the labor protections offered to full-time employees.

Women in South Korea are vulnerable to recruitment by international marriage brokers and sex traffickers. Many foreign women who have suffered sexual violence face language barriers and are reluctant to come forward due to their employment status. Although the government actively prosecutes human trafficking cases, those convicted often receive light punishments. In its Trafficking in Persons Report 2023, the US State Department noted that authorities “did not report identifying any” forced labor or trafficking victims despite numerous reports.