Amnesty International Report 2000 - Korea (Republic of)

Head of state: Kim Dae-jung
Head of government: Kim Jong-pil
Capital: Seoul
Population: 45.6 million
Official language: Korean
Death penalty: retentionist

Most long-term political prisoners were released in a series of amnesties during 1999. President Kim Dae-jung pledged to carry out further political and judicial reforms including a review of the National Security Law and the enactment of a Human Rights Law, but progress continued to be stalled. The economy showed a remarkable recovery, but the human cost of the economic crisis and the conditions laid down by the International Monetary Fund generated further tensions and conflict between business, labour and government. There was no further progress in the formation of a National Human Rights Commission, amid debate about the proposed institution's independence and powers. There were no executions, although no steps were taken towards abolishing the death penalty.

Prisoner amnesties

There were prisoner amnesties in February, to mark the first anniversary of President Kim's presidency; in August to mark Independence Day; and at the end of the year. The government announced the release of 43 political prisoners, including 19 long-term political prisoners, in February and of 56 political prisoners, including prisoners of conscience, in August.

• Seventy-year-old Woo Yong-gak, who had been in prison for more than 40 years, and Cho Sang-nok and Kang Yong-ju, who had served 21 and 14 years in prison respectively following unfair trials under the National Security Law, were among those released in February.
• Sixty-six-year-old Ahn Jae-ku and 70-year-old Yu Rak-jin, who were serving long sentences imposed under the National Security Law, were released in August.
• Two long-term prisoners who had been arrested on espionage charges under the National Security Law – 70-year-old Son Song-mo and 71-year-old Shin Kwang-soo – were released at the end of the year.

National Security Law

In October the UN Human Rights Committee examined the Republic of Korea's second periodic report on its implementation of the International Covenant on Civil and Political Rights and expressed concern about "the continued existence and application of the National Security Law". It called for the abolition of the "law-abidance oath" imposed on some prisoners, particularly those arrested under the National Security Law, as a precondition for their release. The Committee also expressed deep concern about "the laws and practices that encourage and reinforce discriminatory attitudes towards women".

By the end of 1999, 111 political prisoners were believed to be held, 82 of whom had been detained under the National Security Law. They included 62 students and 15 labour activists. In August, 115 civic groups formed the National Coalition Against the National Security Law, whose objective was to abolish Article 7 of the Law.

• In December, Hong Kyo-sun, a representative of the Chaekgalpee Publishing Company, was sentenced to one year in prison and one year's suspension of his civil rights for violating Article 7 of the National Security Law which prohibits "praising, encouraging or supporting an anti-state organization or its components". The books he sold on Marxist theory were already prescribed as textbooks in 10 South Korean universities.
• In December legal proceedings concluded against 15 members of the "Youngnam Committee". They had been arrested in July 1998 and charged initially with membership of "an anti-state organization" under Article 3 of the National Security Law. However, they were later convicted of "participating in enemy-benefiting activities" under Article 7 of the National Security Law. One of them, Park Kyung-soon, was sentenced to seven years' imprisonment. Two others, Kim Chang-hyon and Bang Seok-su, were sentenced to two and three years' imprisonment respectively. The detainees were all critics of the government's economic and social policies and many of them had been involved in a local election campaign.

Security Surveillance Law

The Security Surveillance Law continued to be used to track the activities of some former prisoners, including prisoners of conscience. Human rights groups estimated that hundreds of former political prisoners were subject to this law, but the exact number was not publicly available. Under the law, former prisoners are required to report their activities regularly to the local police and are subject to police surveillance. They also face arbitrary restrictions on their activities, such as a ban on meeting other former prisoners or on participating in certain meetings and demonstrations. Often police make regular phone calls to check on former prisoners' whereabouts and ask neighbours and work colleagues to report on their activities.

Trade unions

In a major shift in its policy towards the labour movement, the government recognized a second labour umbrella group, the Korean Confederation of Trade Unions, in December. The Confederation, which had 570,000 members in key industries, had been outlawed for several years. From July onwards teachers were finally permitted to form trade unions and most civil servants, while being prohibited from joining trade unions, were permitted to form workplace associations from January.

The government reacted to strike action by arresting or threatening to arrest trade union leaders it deemed responsible and by deploying large contingents of riot police to break strike action and block demonstrations. Often the police used excessive force which exacerbated tensions and contributed to an outbreak of violence. There were arrests in April and May when the Korean Confederation of Trade Unions organized a series of strikes by public and private sector workers.

• Lee Sang-choon, President of the Korean Health and Medical Workers' Union and the Korean Federation of Hospital Workers' Unions, was arrested on 17 May and charged with "obstruction of business".
• More than 60 trade union leaders of Seoul Subway Union had arrest warrants issued against them in May.

In early December, shortly after the recognition of the Korean Confederation of Trade Unions, tens of labour activists were arrested during a police crack-down on strikes held by the Confederation and by the Federation of Korean Trade Unions.

Prison conditions and ill-treatment

Conditions in prisons and detention centres continued to be harsh and ill-treatment of prisoners was reported. Prison cells were unheated in winter, leading to many cases of frost-bite, and lacked ventilation in summer. Prisons were reported to have become overcrowded as a result of higher crime rates during the economic crisis. Medical facilities in prisons and detention centres were poor. Political prisoners were often held in solitary confinement. Women, who constituted a small percentage of the prison population, suffered discrimination in a system which often failed to address their particular needs. There appeared to be no special provision for the health needs of women prisoners and no separate cells or dietary provisions for pregnant women and women who had recently given birth. There were reports from several prisons and detention centres of prisoners being held in handcuffs and chains and placed in solitary confinement for long periods as punishment for breaking prison rules. Prisoners were also allegedly denied adequate food, beaten and held in disciplinary cells which had no natural light and were too small to lie down in. Other prisoners complained that they were deprived of sleep and forced to sit in the same position for prolonged periods.

• In May, nine political prisoners held in the "Youngnam Committee" case claimed that they were severely beaten by officials at Pusan Detention Centre. The incident occurred several days after the prisoners had started a hunger strike to protest against plans to move some of them to a different prison. Five of the prisoners claimed that they were handcuffed and then punched and kicked repeatedly as they were transported to Pusan Prison. The four who remained in Pusan Detention Centre were also beaten, including Park Kyong-soon who suffered from cirrhosis of the liver.

AI country reports

• Republic of Korea (South Korea): Summary of concerns for 1999 (AI Index: ASA 25/001/99)
• Republic of Korea (South Korea): Workers' rights at a time of economic crisis (AI Index: ASA 25/002/99)
• Republic of Korea (South Korea): Time to reform the National Security Law (AI Index: ASA 25/003/99)