Human rights in Korea

Human Rights in Asia: A Comparative Legal Study of Twelve Asian Jurisdictions, France and the USA

Volumn , Issue , 2006, Pages 265-297

  Chaihark, Hahm ^a  

^a Yonsei University   (South Korea)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 79960825583     PISSN: None     EISSN: None     Source Type: Book    
DOI: 10.4324/9780203008157     Document Type: Chapter

References (47)

1. For a discussion about civil society and human rights in Korea from a historical perspective, see David I. Steinberg, "Civil society and human rights in Korea: on contemporary and classical orthodoxy and ideology," Korea Journal, vol. 37, no. 3, 1997.
2. See generally Cho Hyo-Je, "Human rights in Korea at the crossroads: a critical overview," Korea Journal, vol. 42, no. 1, 2002;
3. Jang Dong-jin, "Hanguk-eui Ingweon Danche-wa Undong [Korean human rights organizations and movement]," 21-segi Jeongchihak Hoebo [21st-Century Political Science Review], vol. 10, no. 2, 2001.
4. To highlight this aspect of the pre-modern Korean legal culture, one scholar has called it a society that offered "remedies without rights."
5. William Shaw, "Korea before Rights," in William Shaw (ed.), Human Rights in Korea, Cambridge, MA: Harvard Council on East Asian Studies, 1991.
6. Chung Yong-hwa, "Confucianism and human rights: the reception of the concept of people's rights during the enlightenment period in Korea," Korean Social Science Journal, vol. 27, no. 2, 2000.
7. Chulwoo Lee, "Modernity, legality, and power in Korea under Japanese rule," in Gi-Wook Shin and Michael Robinson (eds), Colonial Modernity in Korea, Cambridge, MA: Harvard University Asia Center, 1999.
8. In fact, this was the second time that South Korea chose not to join the other nations at the United Nations in condemning North Korea's human rights practices. In 2003, when a similar resolution was proposed for the first time, South Korea did not even participate in the vote, whereas in 2004 it did participate but cast a vote of abstention. See Don Kirk, "South Korea abstains from vote assailing North on rights," New York Times, April 16, 2003.
9. For a justification of the government's decision, see Ministry of Foreign Affairs and Trade, "Explanation of vote by the Republic of Korea on the human rights situation in the Democratic People's Republic of Korea," April 15, 2004, www.mofat.go.kr/ko/index.mof.
10. Article 2 of the Special Law on the Verification of Truth regarding Suspicious Deaths defines "suspicious death" as "death related to democratization movement, whose cause has not been determined and surrounding which there are reasonable cause to suspect the involvement (direct or indirect) of unlawful exercise of state power." (Law No. 6170, enacted January 15, 2000, as revised by Law No. 6750, 5 December 2002.)
11. For a discussion of human rights issues relating to the so-called "ideology conversion," see pp. 275-8 dealing with freedom of thought, conscience, and religion.
12. "Presidential panel causes stir over NK spies," Korea Times, July 2, 2004.
13. "Compensation for North Korean spies rejected," Korea Times, July 6, 2004.
14. Law on the Restoration of Honor and Compensation for the Victims of the Samcheong Gyoyuk (Law No. 7121, enacted January 29, 2004).
15. In fact, in March 2004, the National Assembly already passed a "Special Law on the Investigation of Truth Regarding Pro-Japanese, Anti-Nationalist Activities During the Japanese Colonial Period" (Law No. 7203, enacted March 22, 2004), but the Roh Government is seeking to expand the scope of people to be investigated.
16. "Bill targets ex-President Park as pro-Japan collaborator," Korea Times, July 13, 2004.
17. "Assembly to address suspicious deaths," Korea Times, July 23, 2004.
18. For a critical discussion of the recent changes to Korean criminal procedure law, see generally Kuk Cho, "The unfinished 'criminal procedure revolution' of postdemocratization South Korea," Denver Journal of International Law and Policy, vol. 30, 2002, p. 377.
19. "Gomun-chisa, teojil il teojeotda," [Torture resulting in death: it was bound to happen], Jugan Dong-A [Dong-A Weekly], November 13, 2002.
20. Korean Constitution, Article 76. For a discussion on a Constitutional Court case concerning the validity of a presidential order issued under this article, see Hahm Chaihark, "Rule of law in Korea: rhetoric and implementation," in Randall Peerenboom (ed.), Asian Discourses of Rule of Law, London: RoutledgeCurzon, 2002, pp. 385-416.
21. This was facilitated by the Special Law on the May 18th Democracy Movement, which was originally passed in the process of indicting and convicting the former Presidents Chun Doo-hwan and Roh Tae-woo for treason, insurrection, and corruption. For more on the trial of Chun and Roh, see James M. West, "Martial lawlessness: the legal aftermath of Kwangju," Pacific Rim Law and Policy Journal, vol. 6, 1997, pp. 85-168.
22. Supreme Court Case No. 2004 Do 2965 (July 15, 2004). Yet, even in this case, a number of the justices argued for the need to institute a system of alternative, non-military service. See, generally, "Court rules against objectors: national security placed above religious faith or conscience," Korea Herald, July 16, 2004.
23. "Pledge to abide by law repealed," Korea Herald, July 9, 2003.
24. "Open letter to Acting President Goh Kun-continued use of the draconian National Security Law: Amnesty International's concerns about Professor Song Du-yul's case," April 3, 2004, AI INDEX: ASA 25/003/2004; http://web.amnesty.org/library/print/ENGASA250032004.
25. Amnesty International, "Republic of Korea (South Korea): time to reform the National Security Law," February 1, 1999, AI INDEX: ASA 25/003/1999.
26. The UN Human Rights Committee has also recommended the NSL's repeal: "Concluding Observations of the Human Rights Committee: Republic of Korea", CCPR/C/79/Add.114, paras 8 and 9.
27. See also US Department of State, "Korea, Republic of: country reports on human rights practices for 2003."
28. For a critical overview of the National Security Law, see Kuk Cho, "Tension between the National Security Law and constitutionalism in South Korea: security for what?," Boston University International Law Journal, vol. 15, 1997, p. 125.
29. Minjuhwa Silcheon Gajok Undong Hyeopeuihoe [Council of Families of Democratization Movement], "Chamyeo Jeongbu Chulbeom 9 Gaewol Gukgaboanbeop Jeokyongsiltae Bogoseo" [A report on the application of National Security Law in the first nine months of Roh Moo-hyun Government], http://minkahyup.org/kbreport/list.php?code=kbreport. According to this report, this number is relatively small since even during Kim Dae-jung's presidency, there were more than one hundred people arrested each year for NSL violations. Yet the report criticized the courts for accepting all the charges brought by the prosecutors.
30. See, generally, Kyu Ho Youm, "Freedom of expression and the law: rights and responsibilities in South Korea," Stanford Journal of International Law, vol. 38, 2002, p. 123.
31. See generally Jay Solomon, "As South Korea fines major media firms, some fear autocracy," Wall Street Journal, July 10, 2001;
32. Seung-Mock Yang, "The media tax probe and the media reform movement in South Korea," Harvard Asia Quarterly, vol. 6, no. 1, 2002.
33. "Roh goes all out in his 'war on media'," Korea Times, August 13, 2003.
34. "President Roh suspends libel suit against newspapers," Korea Times, September 27, 2003.
35. "Resolution on South Korea," passed by the 52nd IPI General Assembly, Salzberg, Austria, September 15, 2003, http://www.freemedia.at/index1.html. As expected, politicians loyal to Roh criticized the resolution as based on lack of understanding of the Korean press, while the opposition utilized it to put more pressure on the president.
36. See "Parties clash over IPI's resolution on Roh's media policy," Korea Times, September 25, 2003.
37. Asian Human Rights Commission, "Republic of Korea: the revision bill of the Law on Assembly and Demonstration clearly violates the right to expression," December 8, 2003, http://www.ahrchk.net/ua/mainfile.php/2003/510/.
38. "Groups plan 'civil disobedience': revised Law on Assembly/Demonstration stirs controversy," Korea Times, March 4, 2004.
39. "Controversy erupts over legality of candlelight vigils," Korea Times, March 16, 2004.
40. The current German Constitution, or Basic Law, is also understood to embody this principle of Sozialstaat. For a discussion of the basic principles or values underlying the current German Constitution, see Donald P. Kommers, The Constitutional Jurisprudence of the Federal Republic of Germany, Durham, NC: Duke University Press, 1997.
41. "Concluding Observations of the Committee on Economic, Social and Cultural Rights: Republic of Korea", May 21, 2001, E/C.12/1/Add.59 (hereafter, ICESCR Committee's concluding observations).
42. Employees in the financial sector as well as workers at public enterprises and other workplaces with 1,000 employees or more have already started to benefit from the new system since July 2004. "Five-day workweek begins amid mixed responses," Korea Times, July 1, 2004. The five-day working week will apply to smaller enterprises with more than 300 workers in July 2005, those with more than 100 in July 2006, those with more than 50 in July 2007, and those with more than 20 in July 2008. It will be applied to enterprises with less than 20 employees by 2011, with the specifics to be set out in a presidential decree. Labor Standard Act, Addenda, Article 1 (Law No. 6974, as revised September 15, 2003).
43. "Kumho tire gives part-time workers full-time status," Korea Times, April 29, 2004.
44. On the other hand, Korea did not make any reservations when it was ratifying the ICESCR even though Article 8 of this treaty guarantees the same right in more detail. Indeed, Korea did not make any reservations to ICESCR and this is a reflection of the Korean Government's (incorrect) understanding at the time that the rights contained therein do not entail any immediate government obligation to implement them. Jeong In-seop, "Gukje Ingwon Gyuyak Gaip 10 nyeon-eui Hoego" [Ten Years After Ratification of International Human Rights Instruments], Gukje Ingwonbeop [International Human Rights Law], vol. 3, 2000, pp. 1-34.
45. Law on the Formation and Operation of School Teachers' Union (Law No. 5727, enacted January 29, 1999).
46. The same point was also raised by the Human Rights Committee in response to Korea's country report submitted under the ICCPR. "Concluding Observations of the Human Rights Committee: Republic of Korea", November 1, 1999, CCPR/C/79/Add.114, para. 19.
47. "Workplace health insurance's first-ever profit of 850 billion to be used to cover region's deficits," Chosun Ilbo, August 31, 2004 (in Korean).