Amnesty International Report 2005 - South Korea

Covering events from January - December 2004

Prisoners continued to be sentenced to death, but an unofficial moratorium on executions in place since 1998 continued. More than 60 prisoners were under sentence of death at the end of 2004. Prisoners of conscience continued to be held under the controversial National Security Law. Under a new work permit system, at least 180,000 undocumented migrant workers faced immediate detention and subsequent deportation. At least 758 conscientious objectors were imprisoned for refusing to perform compulsory military service.

Background

President Roh Moo-hyun was impeached in March – the first time a South Korean President had been impeached – on charges of incompetence and mismanagement. The impeachment was reversed by the Constitutional Court in May. During the interim, Prime Minister Goh Kun served as acting President. In National Assembly elections in April, the newly established Uri Party won a majority of seats.

Inter-Korean talks continued but were stalled when at least 468 North Koreans seeking asylum in Viet Nam went to South Korea in July.

Following investigations of unauthorized nuclear testing and other matters by an International Atomic Energy Agency (IAEA) team in August, the IAEA director-general expressed "serious concern" over South Korea's failure to report its nuclear experiments.

National Security Law

The NSL, which provides long sentences or the death penalty for loosely defined "anti-state" activities or espionage, was the subject of intense political debate. In August the Constitutional Court ruled that the NSL was not unconstitutional. In September, the National Human Rights Commission recommended the abolition of the NSL. President Roh also called for the law to be abolished.

As of December 2004, at least nine prisoners were held under the NSL. Six were members of the national students' organization, Hanchongnyeon, which was banned in 1997.

• Professor Song Du-yul, a German national of South Korean origin, was sentenced in March to seven years' imprisonment by the Seoul District Court for "joining an anti-state organization" and supporting an "enemy-benefiting organization", under the NSL. He was a prisoner of conscience. Professor Song was released in July 2004 by the Seoul High Court which overturned the main charges and substituted a suspended sentence. Prosecutors appealed to the Supreme Court. Professor Song was allowed to leave the country.

Migrant workers

The Employment Permit System Act came into effect in August, giving the Ministry of Labour a legislative structure to control and monitor migrant workers for the first time. The Act allows migrant workers with visas to work for a maximum of three years, and gives some protection of basic rights. However, undocumented workers who have stayed longer than four years are liable to immediate detention pending deportation. Employers face large fines if they employ undocumented workers.

In October, there were at least 180,000 undocumented migrant workers not registered with the authorities, many of whom were unemployed. Others provided cheap labour, often in dangerous conditions.

Migrant workers faced widespread discrimination. Many were beaten by employers. They received less pay than Korean workers for the same work. Many were not paid regularly and most did not receive severance pay.

Leaders of migrant workers' unions were targeted by the authorities. At least five migrant union leaders were reportedly deported to their countries of origin in 2003-2004.

• Samar Thapa, a Nepali national, chief of the Emergency Struggle Committee of the Equality Trade Union – Migrants' Branch, was forcibly deported to Nepal in April. He had been detained by immigration authorities in February in Seoul while leading a demonstration. At the time, investigations were continuing into complaints he had submitted to the National Human Rights Commission of Korea concerning human rights abuses against migrant workers, and to the Ministry of Labour for non-receipt of his salary. He was detained in Yeosu detention centre where he went on hunger strike and was reportedly in poor health.

Conscientious objectors

As of June 2004, at least 758 conscientious objectors, mostly Jehovah's Witnesses, were detained for refusing to perform compulsory military service. The government consistently refused to make available the civilian alternative to military service to those objecting on grounds of conscience. Prison terms for conscientious objectors appeared to have reduced in length, but with criminal records their future employment prospects are damaged.

• Lim Taehoon, a 28-year-old gay rights activist, refused to perform military service because of his pacifist ideals and because of discrimination against gay, bisexual and transgender people by the military. He was arrested in February and at the end of 2004 was still detained in Seoul Detention Centre.

AI country visits

An AI delegation visited Seoul between September and October.