China studen
8th April 2011, 23:47
Violations of the Rights of Human Rights Defenders
by the Lee Myung-bak government in the Republic of Korea
Date: December 3, 2010
Name of Organization: People’s Solidarity for Participatory Democracy, Republic of Korea
(Submitted to Special Rapporteur on the situation of Human Rights Defenders)
▣ List of Cases 案件清单
[Case 1]案件1
Jin Gong Guan, Immigrant, Fell to Death in Harsh Crackdown by the Immigrant Office
[Case 2]
8 Filipino Activists for G20 People’s International Conference Denied Entry and Deported by the Korean Government
[Case 3]
6 Asian Activists Rejected to Issue Visas by the Korean Government ahead of the G20 Summit
[Case 4]
The Policy requested an arrested warrant against Park Jung Soo for Drawing Rat Graffiti on G20 Posters by the Police
[Case 5]
The Police took all Participants in a Memorial Press Conference for Late Ms. Park Ji-yeon, Samsung Semiconductor Employer from Leukemia
[Case 6]
The Police Took 20 Participants and prosecuted 10 People among them against Korean Troop Dispatch to Afghanistan
[Case 7]
The Prosecution Prosecuted Mrs. Bae Ok-byung for the Violation of Election Law by Urging Free Meals
[Case 8]
The Government Slandered the PSPD and the Prosecution Investigated PSPD for Sending a Letter to the UN Security Council on Cheonan Sinking
[Case 9]
Park Rae-goon and Lee Jong-hee of the Yongsan Committee Are Arrested and Requested Heavy Penalty by the Prosecution for Illegal Assembly
[Case 10]
National Information Service collected Information and Brought Legal Action for Defamation against One of the Prominent Social Figure Mr. Park Won-soon
[Case 11]
The Office of Public Service Ethic Surveiled Ordinary Civilians Including Mr. Kim Jong-ik and Abused its Power to Disrupt and Give Various Disadvantages to him
[Case 12]
The Ministry of National Defense Dismissed or Reprimanded the Military Judicial Officers who Challenged its Listing of Seditious Books in barracks and Filed a Petition to the Constitutional Court
[Case 13]
The Prosecution Brought an Action of Libel against the Journalists who Made Some Critical Reports of Governmental Policies
[Case 14]
Mr. Ahn Jin-Geol, Once Arrested under the Act on Assembly and Demonstration, Moved for Adjudication on the Constitutionality of the Act and Drew the Decision from the Constitutional Court that It Is a Constitutional Discord
Case 1. Jin Gong Guan, Immigrant, Fell to Death in Harsh Crackdown by the Immigrant Office
The Korean Government strongly tightened the control over migrant workers since June months ahead of the G20 summit. While trying to avoiding investigating immigrant officials, on October 29, 2010, Jin Gong Guan, an unregistered migrant worker from Vietnam missed his step and fell to the ground from the second floor of the building. He was taken to a hospital, but died on November 3 at last. The Korean Government's excessive and violent regulation on the migrant workers has threatened the migrant workers’ right to live and courted the death of Jin Gong Guan.
Case 2. 8 Filipino Activists for G20 People’s International Conference Denied Entry and Deported by the Korean Government
The Korean Government listed 200 foreign activists excluded from entry in Korea before the G20 summit. Meantime, the Ministry of Justice denied entry of 8 Filipino activists invited for the G20 People’s International Conference organized by civil organizations at the Incheon Airport and deported them. The Korean Embassy in the Philippines issued visas to them all. However, the Ministry of Justice had no mention of the reason of banning the entry, cut them off from the contact to the Philippine Embassy in Korea and sent them back with physical threat. The Korean government’s wrongful dealing with the Filipino activists severely violated the fundamental human rights of the activists. The names are as follows:
Mr. Jesus Manuel Santiago, a poet and singer, Mr. Jose Enrique Africa and Mr. Paul L. Quintos of the IBON International, Mr. Joseph Purugganan of the Focus on the Global South, Mr. Josua Fred Tolentino Mata of the Alliance of Progressive Labor-APL, Ms. Maria Lorena Macabuag of the Migrant Forum on Asia, Mr. Rogelio Maliwat Soluta of the Kilusang Mayo Uno(KMU), Jean Enriquez of the World March of Women and the Coalition Against Trafficking in Women-Asia Pacific(CATW-AP)
Case 3. 6 Asian Activists Rejected to Issue Visas by the Korean Government ahead of the G20 Summit
The Korean Government listed 200 foreign activists excluded from entry in Korea before the G20 summit. Meantime, the Ministry of Foreign Affairs declined to issue the visas to 6 Asian activists who were going to participate in the G20 People's International Conference organized by the civil organizations. They are from Nepal, Indonesia and Pakistan, and the names are as follows:
Mr. Abhas Ghimire of the Least Developed Country(LDC) Watch, Mr. Bernadinus Steni of the Indonesian environmental group HUMA, Mr. Henry Saragh of the Indonesian international farmers' group Via Campesina, Ms. Khaliq Bushra of the Pakistani women's group, Mr. Sarba Raj Khadka of the Nepalese Rural Reconstruction, Mr. Umesh Upadhyaya of the Nepalese trade unions.
Case 4. The Police requested an arrested warrant against Park Jung Soo for Drawing Rat Graffiti on G20 Posters
October 31, the Namdaemun Police Station in Seoul has requested an arrest warrant against Park Jung Soo, a university instructor, who had drawn rats with black spray paint on about 10 G20 posters around Lotte Department, Seoul. Mr. Park (his given name unidentified), a student was also booked without physical detention on charge of drawing rats with him. The police insisted that painting a rat on the government promotional posters was not just simple satire but organized and planned action of damaging governmental promotion and requested an arrest warrant for the violation of the law on spoliation. In the investigation, Mr. Park Jung Soo said that he drew a rat because in Korean, the pronunciation ‘Jee (rat in Korean)’ is similar to that of the English letter ‘G’ of G20 and tried an act of humor in the government’ fuss about G20 summit. The Seoul Central District Court rejected the request saying that there was no risk of them fleeing and destroying evidence. The police’s intention to punish even a simple satire is an abuse of government power and a severe violation of expression.
Case 5. The Police took all Participants in a Memorial Press Conference for Late Ms. Park Ji-yeon, Samsung Semiconductor Employer from Leukemia
On April 2, 2010, the police took all 7 civil organization activists who were going to hold a press conference to memorize late Ms. Park Ji-yeon, a worker who had died of leukemia working at Samsung Semiconductor factory and urge Samsung to take its responsibility. 'Banolim(Supporters for Health and Rights of Semiconductor Laborers)' organized the press conference to make strong voice that Ms. Park Ji-yeon was the 9th victim of leukemia who worked at the Samsung Semiconductor factory for the past 10 years and that 22 leukemia patients including late Ms. Park Ji-yeon should be counted as victims of industrial accidents and actual condition of labor environment be investigated shortly. However, the police blocked the press conference by 12 combat police buses and took 7 activists including Ms. Lee Jong-ran to the police station for an unregistered illegal assembly. The police’s dealing with the assembly is a violation of freedom of assembly and expression guaranteed in the Constitution.
Case 6. The Police Took 20 Participants and prosecuted 10 People among them against Korean Troop Dispatch to Afghanistan
On 18 November 2009, 'Network of Civil Society Organizations against Re-Dispatching Troops to Afghanistan’ held a press conference and a candle light vigil to urge the end of the occupation in Afghanistan and oppose the re-dispatch of Korean troops around the time of US president Obama's visit to Korea. The police blockaded the venue, forcedly took 2 participants in the press conference for an unregistered illegal assembly and 18 participants in the candle light vigil. However, the police passed over an unregistered illegal assembly by conservative civil groups on the same day. The police also prosecuted 10 people including Mr. Kim Hwan-young, a chief secretary of the Veterans for Peace and Mr. Go Won-tae, a student of Seoul National University for such the violating of the law on assembly and demonstration as an unreported illegal assembly and disobedience to an order of dispersion. To violently suppress press conferences or events against the government's policies compulsorily, take participants to the police and prosecute them are severe violations of freedom of assembly and expression.
Case 7. The Prosecution Prosecuted Mrs. Bae Ok-byung for the Violation of Election Law by Urging Free Meals
On November 8, 2010, the prosecution brought a suit against Ms. Bae Ok-byung, a chairperson of the standing committee of Solidarity for Eco-Friendly Free Meals for doing pre-election campaign or affecting the local election. The campaign has 15-year history urging political parties to adopt the commitment in every election. In the local election in June 2010, many people paid attentions to whether parties would take the free meal agenda as a main commitment or not. The unreasonable prosecution against Ms. Bae Ok-byung is a severe violation of voters’ rights and freedom of expression guaranteed in the Constitution.
Case 8. The Government Slandered the PSPD and the Prosecution Investigated PSPD for Sending a Letter to the UN Security Council on Cheonan Sinking
On June 11, 2010, the PSPD sent a letter of 'The PSPD's Stance on the Naval Vessel Cheonan Sinking' to 15 member countries of the UN Security Council through e-mail. The PSPD insisted that more investigation be needed and peace of the Korean Peninsula considered as a top priority. However, on the news about PSPD, the Blue House, the Prime Minister, the Minister of National Defense and the Minister of Foreign Affairs all slandered the PSPD that it was an anti-state act and defending North Korea. Also, the conservative civil-groups like the Right Korea accused the PSPD of ▲doing anti-state activities or benefiting North Korea ▲interrupting the government's diplomatic activity in the UN Security Council ▲defaming the military and the board of audit. Based on this, the prosecution summoned and investigated Mr. Lee Tae-ho, a deputy secretary general of the PSPD for the violation of the national security law and spreading false information.
Also, Mr. Shin Sang-chul, a member of the Joint Civilian-Military Investigation Group, was summoned and investigated by the prosecution for spreading false information, since he raised the possibility of the Cheonan's being stranded. Meanwhile, a civil organization, Solidarity for Peace and Reunification of Korea was summoned and investigated by the prosecution for a violation of the national security law and spreading false information for sending a letter to the UN Security Council as well.
These cases show the suppression on freedom of expression by the government such as distorting NGO's reasonable activities corresponding with the UN and banned NGO from raising questions on the government's assertion.
l The Cheonan Incident : On March 26, 2010, the Cheonan, 1200-ton corvette, carrying a crew of 106 sank in the west coast of Baekryung Island and 46 soldiers died. The Korean government officially announced that the Cheonan sinking was caused by the torpedo attack from North Korea.
Case 9. Mr. Park Rae-goon and Mr. Lee Jong-hee of the Yongsan Committee are Arrested and Requested Heavy Penalty by the Prosecution for Illegal Assembly
Mr. Lee Jong-hoe and Mr. Park Rae-goon, co-executive directors of 'National Committee of the Yongsan Incident' were arrested in January 2010. They had urged to reveal the truth, punish a person in charge and stop forcing redevelopment project. On 25 November 2010, the prosecution demanded 5 years and 4 months for Mr. Lee Jong-hoe and 4 years imprisonment for Mr. Park Rae-goon on charge of leading illegal assemblies. The police significantly violated fundamental freedom of expression and assembly by prohibiting and illegalizing memorial ceremonies for Yongsan victims without revealing the truth of the incident.
l The Yongsan Tragic incident happened on January 1, 2009 with the death of 5 evictees and 1 SWAT(special weapons attack team) of the police while SWAT of the police quelled the protesters who were to be forcedly evicted.
Case 10. National Information Service collected Information and Brought Legal Action for Defamation against One of the Prominent Social Figure Mr. Park Won-soon
National Information Service (NIS) has exerted pressure on universities, banks and life-time education center which are engaged in joint project with or support the Beautiful Store, an eco-friendly charity organization where Mr. Park Won-soon is involved. These organizations were questioned on reasons for support and demanded to cancel events. The Executive Director Park Won-soon of Beautiful Store has disclosed NIS’ inspection against private enterprises through media. In reaction, NIS accused Mr. Park Won-soon for spreading false information and defamation of the government. It also claimed 200 million won for damages payable to the state as a plaintiff. Such attitude of NIS undoubtedly reveals its intention to suppress constitutional rights for liberal criticism and do surveillance activities of the people over the nation. Regarding this case, Seoul Central District Court ruled against NIS’ legal action for defamation on 15 September 2010 that the state can not sue their people for defamation.
Case 11. The Office of Public Service Ethic Surveiled Ordinary Civilians Including Mr. Kim Jong-ik and Abused its Power to Disrupt and Give Various Disadvantages to him
Mr. Kim Jong-ik retired from the KB Bank in 2005 and became the president of New Start Hanmaum Co. Ltd, subcontractor of the KB Bank. The media exposed the incident that the Office of Public Service Ethic under the Office of the Prime Minister had watched and investigated Mr. Kim Jong-ik on the ground of linking a movie to his blog which criticizes the Korean government such as US beef negotiation.
The Office of Public Service Ethic pressurized the KB Bank to dismiss Mr. Kim Jong-ik and forced him to give up company shares. Company accounting books were seized and his employees were asked to come to the office of the prime minister for interrogation. In result, Mr. Kim Jong-ik was investigated by the police for misappropriation and defamation of the president of Korea. The case was sent to the prosecutor’s office and his indictment was suspended in October 2009.
The function of the Office of Public Service Ethic under the Office of the Prime Minister is to watch and inspect public officers, not civilians. Inspection activities of National organizations against civilians are serious violations of freedom and basic rights of the people, and weakening the foundation of democratic society.
Furthermore, circumstantial evidences and proofs presented extensive inspections conducted by the Public Service Ethic Office that besides Mr. Kim Jong-ik, labor activists, opposition party supporters regardless of civilians, public officers and public servants, and even Mr. Nam Kyung-pil, an opposition party lawmaker were also targeted. Additionally it was confirmed that these inspections were not simple overacts of a few staffs of the Public Service Ethic Office but omnidirectional political inspection planned by authorities and in which all inspection agencies were mobilized. However, prosecutor’s office closed Mr. Kim Jong-ik case by indicting only three personnel, officers of Public Service Ethic of the former prime minister’s office including Mr. Lee In-gyu, on charges of conducting illegal inspection against civilian.
l Please refer to <Written statement on Political Surveillance and Misfeasance of the national intelligence Service of the Republic of Korea> submitted by PSPD to US Human Right Council on 15 February 2010.
Case 12. The Ministry of National Defense Dismissed or Reprimanded the Military Judicial Officers who Challenged its Listing of Seditious Books in barracks and Filed a Petition to the Constitutional Court
On July 31, 2008, the Ministry of National Defense(MND) announced 23 volumes of seditious book list saying that they include anti-Government, anti-America and anti-Capitalism contents. But it must be socially controversy because they are the ones which are already widely read or used as the texts in the universities, like the works by Dr. Noam Chomsky and Prof. Chang Ha-joon. October 22, 2008, Mr. Park Ji-woon and 6 other military judicial officers brought a petition to the Constitutional Court on the ground that the arbitrary designation of seditious books can violate the rights to know and to pursue happiness, as well as the freedoms of academic research and conscience formation. On 17 March, 2009, the MND referred them to the Disciplinary Committee, having two removed from office and having five's salary reduced on the charges of collective action and defamation of military honor. However, the MND's list of seditious books violated the freedom of thought and freedom which must be rightly secured even in military barracks, and also the excessive reprimands against justifiable protests can extremely violate the right of self-determination.
In April, 2009, those officers lodged a lawsuit for suspension of disciplinary sanction to the Seoul Administrative Court, but the court pronounced both their dismissal and reprimand to be justified, and October 28, 2010, the Constitutional Court decided the military service regulations(Article 16-2) stipulating that soldiers can’t have any seditious publications listed by the Defense Minister to be constitutional, adding that "the soldiers must be armed with firm and rightful view of state and its enemy, as well as with unshakable military spirit."
Case 13. The Prosecution Brought an Action of Libel against the Journalists who Made Some Critical Reports of Governmental Policies.
On 21 December, 2009, the Seoul District Public Prosecutor's Office indicted 6 staff members of PD Notebook without detention, for bringing disgrace on Mr. Chung Woon-chun, former Minister for Food, Agriculture, Forestry and Fisheries(MAF) with the garbled reports on the hazard of mad cow disease, and demanded heavy punishment of 2~3 years in jail. On 20 January, 2010, although the Seoul Central District Court declared all of them not guilty, the Prosecution appealed against the decision, and in the court of appeal of October 28, demanded 3 years in jail for CP Cho Neung-hee, PD Kim Bo-seul and Writer Kim, 2 years for PD Lee and the other. The right to learn about the important policies which may have important influences on the people must be secured. It is because the prosecution wanted to clamp down on the media critical to the governmental policies that they appealed and once more demanded heavy punishments for them. On 2 December, 2010, the Seoul Central District Court declared all of them not guilty again.
l April 29, 2008, PD Notebook, one of the MBC programs for current affairs, made a critical report of American beef's hazard for Mad cow disease and the negotiating attitudes on part of the Government. After that, the Blue House and the MAF filed a lawsuit against 6 producing members of PD Notebook for defamation.
Case 14. Mr. Ahn Jin-Geol, Once Arrested under the Act on Assembly and Demonstration, Moved for Adjudication on the Constitutionality of the Act and Drew the Decision from the Constitutional Court that It Is a Constitutional Discord
In June 2008, Mr. Ahn Jin-geol, activist of the People's Solidarity for Participatory Democracy(PSPD), one of the civil society organizations in Korea, had been arrested leading the candlelight vigils against the re-import of American beef, for violating Article 10 of the Act on Assembly and Demonstration banning nighttime outdoor rallies. In October 2008, he, long with Lawyers for a Democratic Society, moved for adjudication on the Article's constitutionality because banning outdoor protests at night is against the constitution banning the prior permission of assemblies. Judge Park Jae-yeong, judging it to be unconstitutional, asked the Constitutional Court if it would be the Article unconstitutional, which in turn decided on the constitutional discord of Article 10 in September 24, 2009. By far, the Police and the Prosecution have hauled and charged the people based on unconstitutional Article 10, greatly restricting their freedom of expression and assembly. The discussion for amending the Act on Assembly and Demonstration is now in progress in the legislature.
l The candlelight vigil started voluntarily in 2008 by the people who were against the re-importation of American beef with the hazard of mad cow disease. In the meantime, the Civil Society Organizations, after constructing the Council against Mad Cow Disease, drew the promise of re-negotiation from the Government. As the vigil progressed, plenty of opinions were expressed against the government policies like the Grand Canal, but about 700 citizens were on trial that they took part in the illegal nighttime outdoor rallies.
▣ ANNEX : Human rights situations that require the Council’s attention
One language (English)
SECTION I:
Contact details of (main) NGO:
NGO Name: People's Solidarity for Participatory Democracy
Name of main contact person: _Eunha Cha__
Phone number: _+82-2-723-5051 _
E-mail: [email protected]_
SECTION II:
Language(s): ENGLISH ONLY
SECTION III:
HUMAN RIGHTS COUNCIL
Thirteenth Session
Agenda item 4
Human rights situations that require the Council’s attention
SECTION IV:
Written statement submitted by People's Solidarity for Participatory Democracy (PSPD), a non-governmental organization in special consultative status
SECTION V:
Title: Political Surveillance and Misfeasance of the National Intelligence Service of the Republic of Korea
SECTION VI:
Text:
Since Lee Myung Bak’s inauguration, the abuse of authority and power has become a critical issue creating serious anxiety. During the military authoritarian governments, the national intelligence agency worked in politically driven activities, not for national security, functioning as protecting them and oppressing human rights. The past nightmare has been resumed in Lee Myung Bak’s administration.
The National Intelligence Service Law stipulates NIS’s responsibilities to collect information internationally and domestically and its scope of intelligence is specified. In particular, domestic intelligence is limited to security intelligences such as anti-communist, anti-subversion of the government, counterespionage, anti-terrorism and international criminal organization, and limited to investigate violations of national security law and rebellion cases.
In case of misfeasance, the law would convict up to seven years in prison and suspension up to seven years, which is severer than one based on criminal laws. This is a reflection of the public consensus which never allows NIS to collect information on domestic politics.
Nevertheless, NIS under the Lee Myung Bak administration has been doing domestic intelligences, exceeding the scope of its job responsibilities specified by the law. The chief of NIS, Won Se Hoon, made an official statement during his appointment hearing at the National Assembly that politically driven intelligence is inevitable. Despite disputes on his statement on the matter of legality, President Lee Myung Bak insisted the appointment, and such illegal political intelligence activities have been overtly conducted. Some of the examples of NIS' violation on the call of duty and of misfeasance are as follows:
▣ Intelligence & Pressure on the Judiciary Body
○Make an influence on the Department of Justice in charge of the President Lee Myung Bak’s Case
NIS attempted to exercise its influence on the President Lee Myung Bak's civil lawsuit against one of the critical newspaper. On July 4, 2008, the Seoul Central District Court revealed that NIS made a phone call to Judge Kim Geun Tae, chief judge of the case regarding the status of the trial. Seoul Central District Court criticized that "the action of the NIS's staff to call to a judge inquiring the status of the trial would break the public trust and fairness of the trial.
○ Intelligence Collection in Regards to the Labor Department's Parliamentary Inspection of the Administration
According to the document 'the preparation of the 2008 parliamentary inspection of the administration and detailed schedule' written by the Busan Regional Ministry of Labor on October 14, 2008, the team of the organization briefed that they would be inspected. They were also ordered to report the inspection's result to a NIS coordinator within 2 hours after the inspection and email it to the person in charge at the National Police Agency. In the reports they were required to explain main agendas, special matters, questions and answers about inspection, and also about meetings and demonstrations taken place around the National Assembly audit. The intelligence clearly gathered more than scope of its duty.
▣ Illegal Intelligence and Interference on the NGO Sector
○ Demand Enterprises to Provide History of Financial Support for NGOs
According to media reports[i] (http://www.revleft.com/vb/newthread.php?do=newthread&f=14#_edn1), NIS requested POSCO, one of the top enterprises to provide history of its financial support for NGOs past three years. This is obvious that NIS attempted to exert its influence on private enterprises not to provide support and fund for NGOs that kept critical stance on the Lee Myung Bak government.
○ NIS's Intelligence on Lawyer Park Won Soon, the Hope Institute and Beautiful Store
Park Won Soon, who is the executive director of the Hope Institute, civil activist as well as lawyer, revealed that the agreement between the Hope Institute, a civil participatory think tank, and Hana Bank to launch a project for microcredit, providing loans for commencement of s small shop because of NIS interference. He also revealed that NIS required specific questions in regards to Park Won Soon's wages and his role to the Beautiful Foundations where he was listed as a director and other enterprises where he was listed non-executive director. Besides, NIS inquired the universities, banks, and lifetime learning centers the reasons for cooperating and funding with the Beautiful Store which Mr. Park was involved so as to make an influence on them not to work together and cancel projects and events with him. The Beautiful Store is a charitable organization with an environment friendly atmosphere.
▣ Intelligence on Political Dissidents on Government Projects and Exert Influence on Regional Public Opinion
○ Investigation on Professors' Meeting against the ‘Grand Canal’ Government Project
‘The Professors' Meeting against Grand Canal Project’ on March 30, 2008, made a public statement that NIS and the police made extensive intelligence on its activities and political inclination of its members. For example, NIS staff called a professor who was in charge of Mokwon University and notified him about his plan to visit and discuss the contents of the Meeting.
○ Surveillance on the Groups against ‘4 Main River Revamping Government Project’
According to media reports[ii] (http://www.revleft.com/vb/newthread.php?do=newthread&f=14#_edn2), after a group of local people against ‘4 Main River Revamping Project’ decided to visit the government office to express their objection, a NIS staff contacted to them telling that "you don't need to visit the government since secretariats from the Presidential Office are visiting the town soon.” This indicates that NIS kept watching out social groups with a critical stance on government policies, and already had figured out the group’s plan to visit and attempted to prevent it.
○ Appeasing People to Support the Revision of the Sejong New Administrative City Bill
According to media reports[iii] (http://www.revleft.com/vb/newthread.php?do=newthread&f=14#_edn3), a staff from NIS met significant local figures including the head of a township, union president of Nonghyup and Im Jang Cheol, a Yeongi-gun provincial congressperson asking support for the revised bill of Sejong new administrative city. The Lee government has revised the function of Sejong city from administration to mix of economic zone and R&D and local people is object to such change.
▣ Infringement of the Freedom of Opinion and Expression
○ Pressure Gwangju City to remove the art work satirizing 4 Main River Revamping Government Project’
On December 3, 2009, a staff from the Gwangju Branch Office of NIS phoned the Culture and Art and the Cultural Centre of Gwangju City as the President Lee was about to visit Gwanju City. And he inquired the Gwanju City’s opinion and stance on the art piece ‘Republic of Spade Work' which satirized the president in an exhibition for commemorate May 18th Democratization Movement. In response, Gwangju City requested the exhibition hosting organization to remove that art work, arguing the art work was not consistent with the purpose of the exhibition and was likely to violate the public order. As the exhibition hosting organization did not follow its order, Gwanju City shut down the exhibition hall. While Gwangju City faced serious denouncement, it reopened the exhibition hall after the day after the President Lee’s visit to Gwanju City. This was an apparent infringement of the freedom of opinion and expression, which is guaranteed by the Constitution.
○ Interference in the Buddhist Temple Event
According to media reports, a NIS staff in charge of Jogyesa(the largest Buddhist temple for Jogye Order) contacted Johyesa on the morning of 28 in January, saying that “anti-governmental political event was going to be held at Jogyesa, and it would hurt the reputation of the Jogye Order while the executive chief of the Jogye was about to visit North Korea”, which requires state permission. As a result, the event which was permitted in advance became cancelled. The event was a charity fund-raising for the needy, including performances for 'opposing medical privatization,' 'objecting to privatization of public sector', 'stopping the Four River Revamping Project', and 'rejecting the KBS subscription fee.’
Recommendations and Conclusion
As you have seen, NIS has breached its scope of duty and abused authority and power. Especially since Lee Myung Bak’s administration came to power and Won Sae Hoon took his office as the President of NIS, NIS has explicitly abused its authority for collecting domestic political information and putting pressure on various social groups.
We, PSPD ask the UN Human Rights Council to make a strong urge and recommendation on ROK government to immediately refrain NIS from illegal collection of information, interference on the judiciary body, the media, NGO activities and domestic politics, and violation of the freedom of opinion and expression of people, especially those who are critical to government policies.
[i] (http://www.revleft.com/vb/newthread.php?do=newthread&f=14#_ednref1) OhmyNews reports (Online Media, October 9, 2008)
[ii] (http://www.revleft.com/vb/newthread.php?do=newthread&f=14#_ednref2) Weekly Kyunghyang reports (Magazine, May 21, 2009)
[iii] (http://www.revleft.com/vb/newthread.php?do=newthread&f=14#_ednref3) Kyunghyang reports (Newspaper, January 4, 2010)
by the Lee Myung-bak government in the Republic of Korea
Date: December 3, 2010
Name of Organization: People’s Solidarity for Participatory Democracy, Republic of Korea
(Submitted to Special Rapporteur on the situation of Human Rights Defenders)
▣ List of Cases 案件清单
[Case 1]案件1
Jin Gong Guan, Immigrant, Fell to Death in Harsh Crackdown by the Immigrant Office
[Case 2]
8 Filipino Activists for G20 People’s International Conference Denied Entry and Deported by the Korean Government
[Case 3]
6 Asian Activists Rejected to Issue Visas by the Korean Government ahead of the G20 Summit
[Case 4]
The Policy requested an arrested warrant against Park Jung Soo for Drawing Rat Graffiti on G20 Posters by the Police
[Case 5]
The Police took all Participants in a Memorial Press Conference for Late Ms. Park Ji-yeon, Samsung Semiconductor Employer from Leukemia
[Case 6]
The Police Took 20 Participants and prosecuted 10 People among them against Korean Troop Dispatch to Afghanistan
[Case 7]
The Prosecution Prosecuted Mrs. Bae Ok-byung for the Violation of Election Law by Urging Free Meals
[Case 8]
The Government Slandered the PSPD and the Prosecution Investigated PSPD for Sending a Letter to the UN Security Council on Cheonan Sinking
[Case 9]
Park Rae-goon and Lee Jong-hee of the Yongsan Committee Are Arrested and Requested Heavy Penalty by the Prosecution for Illegal Assembly
[Case 10]
National Information Service collected Information and Brought Legal Action for Defamation against One of the Prominent Social Figure Mr. Park Won-soon
[Case 11]
The Office of Public Service Ethic Surveiled Ordinary Civilians Including Mr. Kim Jong-ik and Abused its Power to Disrupt and Give Various Disadvantages to him
[Case 12]
The Ministry of National Defense Dismissed or Reprimanded the Military Judicial Officers who Challenged its Listing of Seditious Books in barracks and Filed a Petition to the Constitutional Court
[Case 13]
The Prosecution Brought an Action of Libel against the Journalists who Made Some Critical Reports of Governmental Policies
[Case 14]
Mr. Ahn Jin-Geol, Once Arrested under the Act on Assembly and Demonstration, Moved for Adjudication on the Constitutionality of the Act and Drew the Decision from the Constitutional Court that It Is a Constitutional Discord
Case 1. Jin Gong Guan, Immigrant, Fell to Death in Harsh Crackdown by the Immigrant Office
The Korean Government strongly tightened the control over migrant workers since June months ahead of the G20 summit. While trying to avoiding investigating immigrant officials, on October 29, 2010, Jin Gong Guan, an unregistered migrant worker from Vietnam missed his step and fell to the ground from the second floor of the building. He was taken to a hospital, but died on November 3 at last. The Korean Government's excessive and violent regulation on the migrant workers has threatened the migrant workers’ right to live and courted the death of Jin Gong Guan.
Case 2. 8 Filipino Activists for G20 People’s International Conference Denied Entry and Deported by the Korean Government
The Korean Government listed 200 foreign activists excluded from entry in Korea before the G20 summit. Meantime, the Ministry of Justice denied entry of 8 Filipino activists invited for the G20 People’s International Conference organized by civil organizations at the Incheon Airport and deported them. The Korean Embassy in the Philippines issued visas to them all. However, the Ministry of Justice had no mention of the reason of banning the entry, cut them off from the contact to the Philippine Embassy in Korea and sent them back with physical threat. The Korean government’s wrongful dealing with the Filipino activists severely violated the fundamental human rights of the activists. The names are as follows:
Mr. Jesus Manuel Santiago, a poet and singer, Mr. Jose Enrique Africa and Mr. Paul L. Quintos of the IBON International, Mr. Joseph Purugganan of the Focus on the Global South, Mr. Josua Fred Tolentino Mata of the Alliance of Progressive Labor-APL, Ms. Maria Lorena Macabuag of the Migrant Forum on Asia, Mr. Rogelio Maliwat Soluta of the Kilusang Mayo Uno(KMU), Jean Enriquez of the World March of Women and the Coalition Against Trafficking in Women-Asia Pacific(CATW-AP)
Case 3. 6 Asian Activists Rejected to Issue Visas by the Korean Government ahead of the G20 Summit
The Korean Government listed 200 foreign activists excluded from entry in Korea before the G20 summit. Meantime, the Ministry of Foreign Affairs declined to issue the visas to 6 Asian activists who were going to participate in the G20 People's International Conference organized by the civil organizations. They are from Nepal, Indonesia and Pakistan, and the names are as follows:
Mr. Abhas Ghimire of the Least Developed Country(LDC) Watch, Mr. Bernadinus Steni of the Indonesian environmental group HUMA, Mr. Henry Saragh of the Indonesian international farmers' group Via Campesina, Ms. Khaliq Bushra of the Pakistani women's group, Mr. Sarba Raj Khadka of the Nepalese Rural Reconstruction, Mr. Umesh Upadhyaya of the Nepalese trade unions.
Case 4. The Police requested an arrested warrant against Park Jung Soo for Drawing Rat Graffiti on G20 Posters
October 31, the Namdaemun Police Station in Seoul has requested an arrest warrant against Park Jung Soo, a university instructor, who had drawn rats with black spray paint on about 10 G20 posters around Lotte Department, Seoul. Mr. Park (his given name unidentified), a student was also booked without physical detention on charge of drawing rats with him. The police insisted that painting a rat on the government promotional posters was not just simple satire but organized and planned action of damaging governmental promotion and requested an arrest warrant for the violation of the law on spoliation. In the investigation, Mr. Park Jung Soo said that he drew a rat because in Korean, the pronunciation ‘Jee (rat in Korean)’ is similar to that of the English letter ‘G’ of G20 and tried an act of humor in the government’ fuss about G20 summit. The Seoul Central District Court rejected the request saying that there was no risk of them fleeing and destroying evidence. The police’s intention to punish even a simple satire is an abuse of government power and a severe violation of expression.
Case 5. The Police took all Participants in a Memorial Press Conference for Late Ms. Park Ji-yeon, Samsung Semiconductor Employer from Leukemia
On April 2, 2010, the police took all 7 civil organization activists who were going to hold a press conference to memorize late Ms. Park Ji-yeon, a worker who had died of leukemia working at Samsung Semiconductor factory and urge Samsung to take its responsibility. 'Banolim(Supporters for Health and Rights of Semiconductor Laborers)' organized the press conference to make strong voice that Ms. Park Ji-yeon was the 9th victim of leukemia who worked at the Samsung Semiconductor factory for the past 10 years and that 22 leukemia patients including late Ms. Park Ji-yeon should be counted as victims of industrial accidents and actual condition of labor environment be investigated shortly. However, the police blocked the press conference by 12 combat police buses and took 7 activists including Ms. Lee Jong-ran to the police station for an unregistered illegal assembly. The police’s dealing with the assembly is a violation of freedom of assembly and expression guaranteed in the Constitution.
Case 6. The Police Took 20 Participants and prosecuted 10 People among them against Korean Troop Dispatch to Afghanistan
On 18 November 2009, 'Network of Civil Society Organizations against Re-Dispatching Troops to Afghanistan’ held a press conference and a candle light vigil to urge the end of the occupation in Afghanistan and oppose the re-dispatch of Korean troops around the time of US president Obama's visit to Korea. The police blockaded the venue, forcedly took 2 participants in the press conference for an unregistered illegal assembly and 18 participants in the candle light vigil. However, the police passed over an unregistered illegal assembly by conservative civil groups on the same day. The police also prosecuted 10 people including Mr. Kim Hwan-young, a chief secretary of the Veterans for Peace and Mr. Go Won-tae, a student of Seoul National University for such the violating of the law on assembly and demonstration as an unreported illegal assembly and disobedience to an order of dispersion. To violently suppress press conferences or events against the government's policies compulsorily, take participants to the police and prosecute them are severe violations of freedom of assembly and expression.
Case 7. The Prosecution Prosecuted Mrs. Bae Ok-byung for the Violation of Election Law by Urging Free Meals
On November 8, 2010, the prosecution brought a suit against Ms. Bae Ok-byung, a chairperson of the standing committee of Solidarity for Eco-Friendly Free Meals for doing pre-election campaign or affecting the local election. The campaign has 15-year history urging political parties to adopt the commitment in every election. In the local election in June 2010, many people paid attentions to whether parties would take the free meal agenda as a main commitment or not. The unreasonable prosecution against Ms. Bae Ok-byung is a severe violation of voters’ rights and freedom of expression guaranteed in the Constitution.
Case 8. The Government Slandered the PSPD and the Prosecution Investigated PSPD for Sending a Letter to the UN Security Council on Cheonan Sinking
On June 11, 2010, the PSPD sent a letter of 'The PSPD's Stance on the Naval Vessel Cheonan Sinking' to 15 member countries of the UN Security Council through e-mail. The PSPD insisted that more investigation be needed and peace of the Korean Peninsula considered as a top priority. However, on the news about PSPD, the Blue House, the Prime Minister, the Minister of National Defense and the Minister of Foreign Affairs all slandered the PSPD that it was an anti-state act and defending North Korea. Also, the conservative civil-groups like the Right Korea accused the PSPD of ▲doing anti-state activities or benefiting North Korea ▲interrupting the government's diplomatic activity in the UN Security Council ▲defaming the military and the board of audit. Based on this, the prosecution summoned and investigated Mr. Lee Tae-ho, a deputy secretary general of the PSPD for the violation of the national security law and spreading false information.
Also, Mr. Shin Sang-chul, a member of the Joint Civilian-Military Investigation Group, was summoned and investigated by the prosecution for spreading false information, since he raised the possibility of the Cheonan's being stranded. Meanwhile, a civil organization, Solidarity for Peace and Reunification of Korea was summoned and investigated by the prosecution for a violation of the national security law and spreading false information for sending a letter to the UN Security Council as well.
These cases show the suppression on freedom of expression by the government such as distorting NGO's reasonable activities corresponding with the UN and banned NGO from raising questions on the government's assertion.
l The Cheonan Incident : On March 26, 2010, the Cheonan, 1200-ton corvette, carrying a crew of 106 sank in the west coast of Baekryung Island and 46 soldiers died. The Korean government officially announced that the Cheonan sinking was caused by the torpedo attack from North Korea.
Case 9. Mr. Park Rae-goon and Mr. Lee Jong-hee of the Yongsan Committee are Arrested and Requested Heavy Penalty by the Prosecution for Illegal Assembly
Mr. Lee Jong-hoe and Mr. Park Rae-goon, co-executive directors of 'National Committee of the Yongsan Incident' were arrested in January 2010. They had urged to reveal the truth, punish a person in charge and stop forcing redevelopment project. On 25 November 2010, the prosecution demanded 5 years and 4 months for Mr. Lee Jong-hoe and 4 years imprisonment for Mr. Park Rae-goon on charge of leading illegal assemblies. The police significantly violated fundamental freedom of expression and assembly by prohibiting and illegalizing memorial ceremonies for Yongsan victims without revealing the truth of the incident.
l The Yongsan Tragic incident happened on January 1, 2009 with the death of 5 evictees and 1 SWAT(special weapons attack team) of the police while SWAT of the police quelled the protesters who were to be forcedly evicted.
Case 10. National Information Service collected Information and Brought Legal Action for Defamation against One of the Prominent Social Figure Mr. Park Won-soon
National Information Service (NIS) has exerted pressure on universities, banks and life-time education center which are engaged in joint project with or support the Beautiful Store, an eco-friendly charity organization where Mr. Park Won-soon is involved. These organizations were questioned on reasons for support and demanded to cancel events. The Executive Director Park Won-soon of Beautiful Store has disclosed NIS’ inspection against private enterprises through media. In reaction, NIS accused Mr. Park Won-soon for spreading false information and defamation of the government. It also claimed 200 million won for damages payable to the state as a plaintiff. Such attitude of NIS undoubtedly reveals its intention to suppress constitutional rights for liberal criticism and do surveillance activities of the people over the nation. Regarding this case, Seoul Central District Court ruled against NIS’ legal action for defamation on 15 September 2010 that the state can not sue their people for defamation.
Case 11. The Office of Public Service Ethic Surveiled Ordinary Civilians Including Mr. Kim Jong-ik and Abused its Power to Disrupt and Give Various Disadvantages to him
Mr. Kim Jong-ik retired from the KB Bank in 2005 and became the president of New Start Hanmaum Co. Ltd, subcontractor of the KB Bank. The media exposed the incident that the Office of Public Service Ethic under the Office of the Prime Minister had watched and investigated Mr. Kim Jong-ik on the ground of linking a movie to his blog which criticizes the Korean government such as US beef negotiation.
The Office of Public Service Ethic pressurized the KB Bank to dismiss Mr. Kim Jong-ik and forced him to give up company shares. Company accounting books were seized and his employees were asked to come to the office of the prime minister for interrogation. In result, Mr. Kim Jong-ik was investigated by the police for misappropriation and defamation of the president of Korea. The case was sent to the prosecutor’s office and his indictment was suspended in October 2009.
The function of the Office of Public Service Ethic under the Office of the Prime Minister is to watch and inspect public officers, not civilians. Inspection activities of National organizations against civilians are serious violations of freedom and basic rights of the people, and weakening the foundation of democratic society.
Furthermore, circumstantial evidences and proofs presented extensive inspections conducted by the Public Service Ethic Office that besides Mr. Kim Jong-ik, labor activists, opposition party supporters regardless of civilians, public officers and public servants, and even Mr. Nam Kyung-pil, an opposition party lawmaker were also targeted. Additionally it was confirmed that these inspections were not simple overacts of a few staffs of the Public Service Ethic Office but omnidirectional political inspection planned by authorities and in which all inspection agencies were mobilized. However, prosecutor’s office closed Mr. Kim Jong-ik case by indicting only three personnel, officers of Public Service Ethic of the former prime minister’s office including Mr. Lee In-gyu, on charges of conducting illegal inspection against civilian.
l Please refer to <Written statement on Political Surveillance and Misfeasance of the national intelligence Service of the Republic of Korea> submitted by PSPD to US Human Right Council on 15 February 2010.
Case 12. The Ministry of National Defense Dismissed or Reprimanded the Military Judicial Officers who Challenged its Listing of Seditious Books in barracks and Filed a Petition to the Constitutional Court
On July 31, 2008, the Ministry of National Defense(MND) announced 23 volumes of seditious book list saying that they include anti-Government, anti-America and anti-Capitalism contents. But it must be socially controversy because they are the ones which are already widely read or used as the texts in the universities, like the works by Dr. Noam Chomsky and Prof. Chang Ha-joon. October 22, 2008, Mr. Park Ji-woon and 6 other military judicial officers brought a petition to the Constitutional Court on the ground that the arbitrary designation of seditious books can violate the rights to know and to pursue happiness, as well as the freedoms of academic research and conscience formation. On 17 March, 2009, the MND referred them to the Disciplinary Committee, having two removed from office and having five's salary reduced on the charges of collective action and defamation of military honor. However, the MND's list of seditious books violated the freedom of thought and freedom which must be rightly secured even in military barracks, and also the excessive reprimands against justifiable protests can extremely violate the right of self-determination.
In April, 2009, those officers lodged a lawsuit for suspension of disciplinary sanction to the Seoul Administrative Court, but the court pronounced both their dismissal and reprimand to be justified, and October 28, 2010, the Constitutional Court decided the military service regulations(Article 16-2) stipulating that soldiers can’t have any seditious publications listed by the Defense Minister to be constitutional, adding that "the soldiers must be armed with firm and rightful view of state and its enemy, as well as with unshakable military spirit."
Case 13. The Prosecution Brought an Action of Libel against the Journalists who Made Some Critical Reports of Governmental Policies.
On 21 December, 2009, the Seoul District Public Prosecutor's Office indicted 6 staff members of PD Notebook without detention, for bringing disgrace on Mr. Chung Woon-chun, former Minister for Food, Agriculture, Forestry and Fisheries(MAF) with the garbled reports on the hazard of mad cow disease, and demanded heavy punishment of 2~3 years in jail. On 20 January, 2010, although the Seoul Central District Court declared all of them not guilty, the Prosecution appealed against the decision, and in the court of appeal of October 28, demanded 3 years in jail for CP Cho Neung-hee, PD Kim Bo-seul and Writer Kim, 2 years for PD Lee and the other. The right to learn about the important policies which may have important influences on the people must be secured. It is because the prosecution wanted to clamp down on the media critical to the governmental policies that they appealed and once more demanded heavy punishments for them. On 2 December, 2010, the Seoul Central District Court declared all of them not guilty again.
l April 29, 2008, PD Notebook, one of the MBC programs for current affairs, made a critical report of American beef's hazard for Mad cow disease and the negotiating attitudes on part of the Government. After that, the Blue House and the MAF filed a lawsuit against 6 producing members of PD Notebook for defamation.
Case 14. Mr. Ahn Jin-Geol, Once Arrested under the Act on Assembly and Demonstration, Moved for Adjudication on the Constitutionality of the Act and Drew the Decision from the Constitutional Court that It Is a Constitutional Discord
In June 2008, Mr. Ahn Jin-geol, activist of the People's Solidarity for Participatory Democracy(PSPD), one of the civil society organizations in Korea, had been arrested leading the candlelight vigils against the re-import of American beef, for violating Article 10 of the Act on Assembly and Demonstration banning nighttime outdoor rallies. In October 2008, he, long with Lawyers for a Democratic Society, moved for adjudication on the Article's constitutionality because banning outdoor protests at night is against the constitution banning the prior permission of assemblies. Judge Park Jae-yeong, judging it to be unconstitutional, asked the Constitutional Court if it would be the Article unconstitutional, which in turn decided on the constitutional discord of Article 10 in September 24, 2009. By far, the Police and the Prosecution have hauled and charged the people based on unconstitutional Article 10, greatly restricting their freedom of expression and assembly. The discussion for amending the Act on Assembly and Demonstration is now in progress in the legislature.
l The candlelight vigil started voluntarily in 2008 by the people who were against the re-importation of American beef with the hazard of mad cow disease. In the meantime, the Civil Society Organizations, after constructing the Council against Mad Cow Disease, drew the promise of re-negotiation from the Government. As the vigil progressed, plenty of opinions were expressed against the government policies like the Grand Canal, but about 700 citizens were on trial that they took part in the illegal nighttime outdoor rallies.
▣ ANNEX : Human rights situations that require the Council’s attention
One language (English)
SECTION I:
Contact details of (main) NGO:
NGO Name: People's Solidarity for Participatory Democracy
Name of main contact person: _Eunha Cha__
Phone number: _+82-2-723-5051 _
E-mail: [email protected]_
SECTION II:
Language(s): ENGLISH ONLY
SECTION III:
HUMAN RIGHTS COUNCIL
Thirteenth Session
Agenda item 4
Human rights situations that require the Council’s attention
SECTION IV:
Written statement submitted by People's Solidarity for Participatory Democracy (PSPD), a non-governmental organization in special consultative status
SECTION V:
Title: Political Surveillance and Misfeasance of the National Intelligence Service of the Republic of Korea
SECTION VI:
Text:
Since Lee Myung Bak’s inauguration, the abuse of authority and power has become a critical issue creating serious anxiety. During the military authoritarian governments, the national intelligence agency worked in politically driven activities, not for national security, functioning as protecting them and oppressing human rights. The past nightmare has been resumed in Lee Myung Bak’s administration.
The National Intelligence Service Law stipulates NIS’s responsibilities to collect information internationally and domestically and its scope of intelligence is specified. In particular, domestic intelligence is limited to security intelligences such as anti-communist, anti-subversion of the government, counterespionage, anti-terrorism and international criminal organization, and limited to investigate violations of national security law and rebellion cases.
In case of misfeasance, the law would convict up to seven years in prison and suspension up to seven years, which is severer than one based on criminal laws. This is a reflection of the public consensus which never allows NIS to collect information on domestic politics.
Nevertheless, NIS under the Lee Myung Bak administration has been doing domestic intelligences, exceeding the scope of its job responsibilities specified by the law. The chief of NIS, Won Se Hoon, made an official statement during his appointment hearing at the National Assembly that politically driven intelligence is inevitable. Despite disputes on his statement on the matter of legality, President Lee Myung Bak insisted the appointment, and such illegal political intelligence activities have been overtly conducted. Some of the examples of NIS' violation on the call of duty and of misfeasance are as follows:
▣ Intelligence & Pressure on the Judiciary Body
○Make an influence on the Department of Justice in charge of the President Lee Myung Bak’s Case
NIS attempted to exercise its influence on the President Lee Myung Bak's civil lawsuit against one of the critical newspaper. On July 4, 2008, the Seoul Central District Court revealed that NIS made a phone call to Judge Kim Geun Tae, chief judge of the case regarding the status of the trial. Seoul Central District Court criticized that "the action of the NIS's staff to call to a judge inquiring the status of the trial would break the public trust and fairness of the trial.
○ Intelligence Collection in Regards to the Labor Department's Parliamentary Inspection of the Administration
According to the document 'the preparation of the 2008 parliamentary inspection of the administration and detailed schedule' written by the Busan Regional Ministry of Labor on October 14, 2008, the team of the organization briefed that they would be inspected. They were also ordered to report the inspection's result to a NIS coordinator within 2 hours after the inspection and email it to the person in charge at the National Police Agency. In the reports they were required to explain main agendas, special matters, questions and answers about inspection, and also about meetings and demonstrations taken place around the National Assembly audit. The intelligence clearly gathered more than scope of its duty.
▣ Illegal Intelligence and Interference on the NGO Sector
○ Demand Enterprises to Provide History of Financial Support for NGOs
According to media reports[i] (http://www.revleft.com/vb/newthread.php?do=newthread&f=14#_edn1), NIS requested POSCO, one of the top enterprises to provide history of its financial support for NGOs past three years. This is obvious that NIS attempted to exert its influence on private enterprises not to provide support and fund for NGOs that kept critical stance on the Lee Myung Bak government.
○ NIS's Intelligence on Lawyer Park Won Soon, the Hope Institute and Beautiful Store
Park Won Soon, who is the executive director of the Hope Institute, civil activist as well as lawyer, revealed that the agreement between the Hope Institute, a civil participatory think tank, and Hana Bank to launch a project for microcredit, providing loans for commencement of s small shop because of NIS interference. He also revealed that NIS required specific questions in regards to Park Won Soon's wages and his role to the Beautiful Foundations where he was listed as a director and other enterprises where he was listed non-executive director. Besides, NIS inquired the universities, banks, and lifetime learning centers the reasons for cooperating and funding with the Beautiful Store which Mr. Park was involved so as to make an influence on them not to work together and cancel projects and events with him. The Beautiful Store is a charitable organization with an environment friendly atmosphere.
▣ Intelligence on Political Dissidents on Government Projects and Exert Influence on Regional Public Opinion
○ Investigation on Professors' Meeting against the ‘Grand Canal’ Government Project
‘The Professors' Meeting against Grand Canal Project’ on March 30, 2008, made a public statement that NIS and the police made extensive intelligence on its activities and political inclination of its members. For example, NIS staff called a professor who was in charge of Mokwon University and notified him about his plan to visit and discuss the contents of the Meeting.
○ Surveillance on the Groups against ‘4 Main River Revamping Government Project’
According to media reports[ii] (http://www.revleft.com/vb/newthread.php?do=newthread&f=14#_edn2), after a group of local people against ‘4 Main River Revamping Project’ decided to visit the government office to express their objection, a NIS staff contacted to them telling that "you don't need to visit the government since secretariats from the Presidential Office are visiting the town soon.” This indicates that NIS kept watching out social groups with a critical stance on government policies, and already had figured out the group’s plan to visit and attempted to prevent it.
○ Appeasing People to Support the Revision of the Sejong New Administrative City Bill
According to media reports[iii] (http://www.revleft.com/vb/newthread.php?do=newthread&f=14#_edn3), a staff from NIS met significant local figures including the head of a township, union president of Nonghyup and Im Jang Cheol, a Yeongi-gun provincial congressperson asking support for the revised bill of Sejong new administrative city. The Lee government has revised the function of Sejong city from administration to mix of economic zone and R&D and local people is object to such change.
▣ Infringement of the Freedom of Opinion and Expression
○ Pressure Gwangju City to remove the art work satirizing 4 Main River Revamping Government Project’
On December 3, 2009, a staff from the Gwangju Branch Office of NIS phoned the Culture and Art and the Cultural Centre of Gwangju City as the President Lee was about to visit Gwanju City. And he inquired the Gwanju City’s opinion and stance on the art piece ‘Republic of Spade Work' which satirized the president in an exhibition for commemorate May 18th Democratization Movement. In response, Gwangju City requested the exhibition hosting organization to remove that art work, arguing the art work was not consistent with the purpose of the exhibition and was likely to violate the public order. As the exhibition hosting organization did not follow its order, Gwanju City shut down the exhibition hall. While Gwangju City faced serious denouncement, it reopened the exhibition hall after the day after the President Lee’s visit to Gwanju City. This was an apparent infringement of the freedom of opinion and expression, which is guaranteed by the Constitution.
○ Interference in the Buddhist Temple Event
According to media reports, a NIS staff in charge of Jogyesa(the largest Buddhist temple for Jogye Order) contacted Johyesa on the morning of 28 in January, saying that “anti-governmental political event was going to be held at Jogyesa, and it would hurt the reputation of the Jogye Order while the executive chief of the Jogye was about to visit North Korea”, which requires state permission. As a result, the event which was permitted in advance became cancelled. The event was a charity fund-raising for the needy, including performances for 'opposing medical privatization,' 'objecting to privatization of public sector', 'stopping the Four River Revamping Project', and 'rejecting the KBS subscription fee.’
Recommendations and Conclusion
As you have seen, NIS has breached its scope of duty and abused authority and power. Especially since Lee Myung Bak’s administration came to power and Won Sae Hoon took his office as the President of NIS, NIS has explicitly abused its authority for collecting domestic political information and putting pressure on various social groups.
We, PSPD ask the UN Human Rights Council to make a strong urge and recommendation on ROK government to immediately refrain NIS from illegal collection of information, interference on the judiciary body, the media, NGO activities and domestic politics, and violation of the freedom of opinion and expression of people, especially those who are critical to government policies.
[i] (http://www.revleft.com/vb/newthread.php?do=newthread&f=14#_ednref1) OhmyNews reports (Online Media, October 9, 2008)
[ii] (http://www.revleft.com/vb/newthread.php?do=newthread&f=14#_ednref2) Weekly Kyunghyang reports (Magazine, May 21, 2009)
[iii] (http://www.revleft.com/vb/newthread.php?do=newthread&f=14#_ednref3) Kyunghyang reports (Newspaper, January 4, 2010)