Human rights in South Korea
Encyclopedia
Human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...

 in South Korea
South Korea
The Republic of Korea , , is a sovereign state in East Asia, located on the southern portion of the Korean Peninsula. It is neighbored by the People's Republic of China to the west, Japan to the east, North Korea to the north, and the East China Sea and Republic of China to the south...

have evolved significantly from the days of military dictatorship and reflects the state's current status as a constitutional democracy. Citizens regularly choose the President
President of South Korea
The President of the Republic of Korea is, according to the Constitution of the Republic of Korea, chief executive of the government, commander-in-chief of the armed forces, and the head of state of the Republic of Korea...

 and members of the National Assembly
National Assembly of South Korea
The National Assembly of the Republic of Korea is a 299-member unicameral legislature. The latest general elections were held on April 9, 2008. Single-member constituencies comprise 245 of the National Assembly's seats, while the remaining 54 are allocated by proportional representation...

 in free and fair multiparty elections.

The government generally respects the human rights of its citizens; however, there are problems in some areas. The police and prison personnel have at times physically and verbally abused detainees, although such abuses have declined in recent years. The National Security Act
National Security Act (South Korea)
The National Security Law is a South Korean law which has the avowed purpose "to restrict anti-state acts that endanger national security and to protect [the] nation's safety and its people's life and freedom."...

 criminalizes speech in support of Communism
Communism
Communism is a social, political and economic ideology that aims at the establishment of a classless, moneyless, revolutionary and stateless socialist society structured upon common ownership of the means of production...

 or North Korea
North Korea
The Democratic People’s Republic of Korea , , is a country in East Asia, occupying the northern half of the Korean Peninsula. Its capital and largest city is Pyongyang. The Korean Demilitarized Zone serves as the buffer zone between North Korea and South Korea...

; though it is unevenly enforced and prosecutions decline every year, there are still over 100 such cases brought annually. Women and minorities continue to face legal and societal discrimination. As a country of origin, women were trafficked primarily for sexual exploitation to and from the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

, sometimes through Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

, as well as to other Western countries and Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...

. The government has recently implemented strict laws to curb prostitution and human trafficking and to aid trafficking victims.

History

For most of the 20th century South Korean citizens lived under non-democratic rule, first by Japan
Korea under Japanese rule
Korea was under Japanese rule as part of Japan's 35-year imperialist expansion . Japanese rule ended in 1945 shortly after the Japanese defeat in World War II....

 and then by the authoritarian military regimes of Syngman Rhee
Syngman Rhee
Syngman Rhee or Yi Seungman was the first president of South Korea. His presidency, from August 1948 to April 1960, remains controversial, affected by Cold War tensions on the Korean peninsula and elsewhere. Rhee was regarded as an anti-Communist and a strongman, and he led South Korea through the...

, Park Chung-hee
Park Chung-hee
Park Chung-hee was a Republic of Korea Army general and the leader of South Korea from 1961 to 1979. He seized power in a military coup and ruled until his assassination in 1979. He has been credited with the industrialization of the Republic of Korea through export-led growth...

, Chun Doo-hwan
Chun Doo-hwan
Chun Doo-hwan was a ROK Army general and the President of South Korea from 1980 to 1988. Chun was sentenced to death in 1996 for his heavy-handed response to the Gwangju Democratization Movement, but later pardoned by President Kim Young-sam with the advice of then President-elect Kim Dae-jung,...

, and Roh Tae-woo
Roh Tae-woo
Roh Tae-woo , is a former ROK Army general and politician. He was the 13th president of South Korea .Roh befriended Chun Doo-hwan while in high school in Daegu. In his younger life, Roh was a keen rugby union player....

. Civil liberties, most especially the freedoms of speech and association, were significantly curtailed and regime opponents risked torture and imprisonment. In 1967 the KCIA fabricated a spy ring, imprisoning 34 citizens, to solidify the rule Park Chung-hee. After the Gwangju Massacre
Gwangju massacre
The Gwangju Democratization Movement refers to a popular uprising in the city of Gwangju, South Korea from May 18 to May 27, 1980. During this period, citizens rose up against Chun Doo-hwan's military dictatorship and took control of the city...

 in 1980, public desire for democracy and greater civil liberties was increasingly expressed; the years just before the 1988 Seoul Olympics saw an increase in pro-democracy activity that forced free elections to be held in 1992, putting long-time human rights activist Kim Young-sam
Kim Young-sam
Kim Young-sam was a South Korean politician and democratic activist. From 1961, he spent 30 years as South Korea's leader of the opposition, and one of Park Chung-hee's most powerful rivals....

 into power.

Individual rights

Every citizen over the age of 19 has the right to vote.

Official censorship is in place. The National Security Law makes it a crime to express sympathies with North Korea, and though it is not consistently enforced, there are over 100 people imprisoned under it annually. A play about the Yodok prison camp in North Korea has come under significant pressure from authorities to tone down its criticism and the producers have allegedly been threatened with prosecution under the security law. Some conservative groups have complained that police keep a tight watch on their demonstrations and that some people were prevented from attending rallies. Former Unification Minister Chung Dong-young
Chung Dong-young
Chung Dong-young is a politician and was the United New Democratic Party candidate for President of South Korea in 2007....

 was once accused of attempting to distract reporters from a meeting of activists for human rights in North Korea
Human rights in North Korea
The human rights record of North Korea is extremely hard to fully assess due to the secretive and closed nature of the country. The North Korean government makes it very difficult for foreigners to enter the country and strictly monitors their activities when they do...

. Several established human rights organizations, however, have held lectures and exhibits critical of North Korea with no interference.

Censorship is more notable in the media. Songs and theater play in Japanese language or relating to Japan are generally prohibited. Despite the lifting of most regulations in 1996 and 1998 following a Constitutional Court ruling that they were illegal, scenes of extreme violence can be barred and pornography is forbidden from showing penetration of any kind, and genitals must be blurred out. Though technically legal, pornography must still meet some minimum standards of artistic integrity, which are not clearly written in the law. In 1997 a human rights film festival was blocked and the organizers arrested for refusing to submit their films for pre-screening. The government blocks access to North Korean websites and, sometimes, to major overseas web sites that host blogs. There is currently a debate over whether to revoke the ability to make anonymous comments online.

The previous administration of Roh Moo-hyun
Roh Moo-hyun
Roh Moo-hyun GOM GCB was the 16th President of South Korea .Roh's pre-presidential political career was focused on human rights advocacy for student activists in South Korea. His electoral career later expanded to a focus on overcoming regionalism in South Korean politics, culminating in his...

 had frequently clashed with the media, especially the conservative newspapers The Chosun Ilbo and Dong-A Ilbo
Dong-a Ilbo
The Dong-a Ilbo is one of three major South Korean newspapers with over 2 million daily circulation...

 which had been particularly critical of him, and encouraged citizens to drop their subscriptions in favor of newspapers friendly to him. In a series of tax investigations, the companies most closely audited were also those least friendly towards the government.

Frank La Rue, The U.N. Special Rapporteur for Freedom of Opinion and Expression, announced that the government under the President Lee Myung-bak
Lee Myung-bak
Lee Myung-bak is the President of South Korea. Prior to his presidency, he was the CEO of Hyundai Engineering and Construction and the mayor of Seoul. He is married to Kim Yoon-ok and has three daughters and one son. His older brother is Lee Sang-deuk, a South Korean politician. He attends the...

 severely curtailed the freedom of expression in South Korea.

Minority and immigrant rights

South Korea is one of the most ethnically homogeneous countries in the world, and it is difficult for outsiders to be fully accepted. Legal protections for the rights of minority populations are often weak. The large population of workers from Southeast Asia, over half of whom are estimated to be in the country illegally, face considerable discrimination both in and out of the workplace. Other significant immigrant groups affected by discrimination include Mongolians, Nigerians and Chinese.

This has led to the privately funded establishment of a school specifically targeted at children with an immigrated parent, with English and Korean as its main languages. When Hines Ward
Hines Ward
Hines E. Ward, Jr. is an American football player who currently plays the wide receiver position for the NFL's Pittsburgh Steelers, where he is the longest-tenured current player on the team. He was voted MVP of Super Bowl XL. He played college football at the University of Georgia...

, who is of mixed Korean and African American
African American
African Americans are citizens or residents of the United States who have at least partial ancestry from any of the native populations of Sub-Saharan Africa and are the direct descendants of enslaved Africans within the boundaries of the present United States...

 heritage, earned MVP honors in Super Bowl XL
Super Bowl XL
Super Bowl XL was an American football game pitting the American Football Conference champion Pittsburgh Steelers against the National Football Conference champion Seattle Seahawks to decide the National Football League champion for the 2005 season...

, it sparked a debate in Korean society about the treatment mixed children receive.

South Korea's still continuing Confucian and traditionalist beliefs result in few people being open about their homosexuality. Homosexuality is discouraged. As a result, there are few if any legal protections in place for gays and lesbians, and many of them are afraid to come out to their families, friends, and co-workers. Gay men are not allowed to serve in the military, and in 2005 five soldiers were discharged for homosexuality.

Refugees from North Korea

Many refugees from North Korea
North Korean defectors
A number of individuals have defected from North Korea. Since the division of Korea after World War II and the end of the Korean War , many people have defected from North Korea, mainly for political, ideological, religious and economic reasons...

 have complained that they find integration into South Korean society to be difficult; they say they often face social ostracism and a government that would rather they keep quiet about the human rights situation in the North. The government has taken major steps to minimize the impact the refugees might have on its policy towards the North. An internet radio station operated by refugees, broadcasting for those living in the North, was subject to a campaign of harassment that ended in it being unable to afford its rent after less than one month of operation. The station accused the government of either being behind the campaign or tacitly encouraging it.http://english.chosun.com/w21data/html/news/200405/200405120060.htmlhttp://english.chosun.com/w21data/html/news/200405/200405120059.html The government also blocked activists from sending radios to the North, and a scuffle reportedly left activist Norbert Vollertsen
Norbert Vollertsen
Norbert Vollertsen is a German doctor and human rights activist.Vollertsen practiced medicine in North Korea from 1999 to 2001 with the Cap Anamur Committee, a non-governmental cooperation organization...

 injured.http://news.bbc.co.uk/2/hi/asia-pacific/3173541.stm At the same time, the South Korean human rights groups, being traditionally leftist, tend to ignore the plight of the North Korean refugees who are often misrepresented as "liars" or "losers" by the leftist media
South Korean media
The South Korean media consist of several different types of public communication of news: television, radio, cinema, newspapers, magazines, and Internet-based Web sites.Modern Korean journalism began after the opening of Korea in late 19th century...

 outlets, still somewhat supportive of Stalinist dictatorship in North Korea
North Korea
The Democratic People’s Republic of Korea , , is a country in East Asia, occupying the northern half of the Korean Peninsula. Its capital and largest city is Pyongyang. The Korean Demilitarized Zone serves as the buffer zone between North Korea and South Korea...

.

Military

Military service is mandatory for nearly all South Korean men. According to Amnesty International, there were 758 conscientious objectors (mostly Jehovah’s Witnesses) detained for refusing to perform their military service as of June 2004.
Through much of modern South Korean history, the military was largely cushioned from public scrutiny, resulting in decades of abuse and inhumane treatment among military personnel. Since 1993, the public has vocally deplored the human rights violations taking place within the military, such as extreme hazing. In 1997, the government enacted legislation protecting the legal and human rights of soldiers serving in the military by approving a bill that bans physical, verbal, or sexual abuse among soldiers.
In one incident an Army captain was arrested on charges of maltreating trainees, after allegedly forcing 192 conscripts to eat faeces. The National Human Rights Commission of Korea launched a probe into the case since it infringed on human rights.http://search.hankooki.com/times/times_view.php?terms=feces+code%3A+kt&path=hankooki3%2Ftimes%2Flpage%2F200501%2Fkt2005012121164853460.htm&kw=feces

Criminal justice system

The law prohibits arbitrary arrest and detention, and the government generally observed these prohibitions. However, the National Security Act
National Security Act (South Korea)
The National Security Law is a South Korean law which has the avowed purpose "to restrict anti-state acts that endanger national security and to protect [the] nation's safety and its people's life and freedom."...

 grants the authorities broad powers to detain, arrest, and imprison persons who commit acts the government views as intended to endanger the "security of the state." Critics continued to call for reform or abolishment of the law, contending that its provisions did not define prohibited activity clearly. The Ministry of Justice (MOJ) maintained that the courts had established legal precedents for strict interpretation of the law that preclude arbitrary application. The number of NSL investigations and arrests has dropped significantly in recent years.

In 2008, authorities arrested 16 persons and prosecuted another 27 persons for alleged NSL violations. Of those prosecuted, four were found guilty; the remaining 23 were on trial as of year's end. In August authorities indicted a secondary school teacher on charges of violating the NSL for distributing materials related to the May 1980 Kwangju uprising. At the end of the year he was awaiting trial without physical detention. In another case four members of a nongovernmental organization (NGO) were detained and charged in September with illegal contact with Democratic People's Republic of Korea (DPRK or North Korea) agents and distribution of North Korean press material for the purpose of exalting DPRK leader Kim Jong-il. The NGO claimed the government used falsehoods against the four and filed a defamation claim for damages. At year's end the four were in detention awaiting trial, and the defamation claim had not been settled.

In November 2007 a university professor found guilty of violating the NSL and sentenced in 2006 to two years in prison lost his final appeal.

An Amnesty International (AI) report alleged there were arbitrary arrests of bystanders on at least three occasions during demonstrations against President Lee Myung-bak in Seoul between May and September. Those arrested were detained and released. The Korean National Police Agency (KNPA) stated that police followed the requirements of the law in responding to the demonstrations. The MOJ reported that official investigations had not confirmed any instances of arbitrary arrest as of year's end.

A particular incident of the South Korean government abusing human right is the unjust arrest of Jeong Weon-seop (정원섭) for a child rape incident on September 27th, 1972. The Supreme Court of South Korea
Supreme Court of South Korea
The Supreme Court of Korea is the highest court in South Korea. It is located in Seoul.Articles 101-110 of the Constitution of the Republic of Korea establish the Supreme Court and enumerates its powers and responsibilities.-Composition:...

 pardoned Jeong on October 27th, 2011 based on unreliable evidences and illicit police procedures of that time.

Human trafficking

The law prohibits all forms of trafficking in persons; however, there were reports that persons were trafficked to, from, through, and within the country. Women from Russia, other countries of the former Soviet Union, China, Mongolia, the Philippines, and other Southeast Asian countries were trafficked to the country for sexual exploitation and domestic servitude. They were recruited personally or answered advertisements and were flown to Korea, often with entertainer or tourist visas. In some instances, once these visa recipients arrived in the country, employers illegally held victims' passports. In addition some foreign women recruited for legal and brokered marriages with Korean men ended up in situations of sexual exploitation, debt bondage, and involuntary servitude once married. Korean women were trafficked primarily for sexual exploitation to the United States, sometimes through Canada and Mexico, as well as to other countries, such as Australia and Japan. Relatively small numbers of migrants seeking opportunities in the country were believed to have become victims of trafficking as well, although the MOL Employment Permit System reduced the number of workers trafficked into the country. There were reports that human traffickers exploited ROK passports for the purpose of human trafficking. There was no credible evidence that officials were involved in trafficking.

The law prohibits trafficking for the purpose of commercial sexual exploitation, including debt bondage, and prescribes up to 10 years' imprisonment. Trafficking for forced labor is criminalized and carries penalties of up to five years' imprisonment. February revisions to the Passport Act allow for restricted issuance or confiscation of passports of persons engaging in illegal activity overseas, including sex trafficking. However, some NGOs believed the laws against sex trafficking were not being enforced to their fullest potential. During the year authorities conducted 220 trafficking investigations and prosecuted in 31 cases, all for sex trafficking. There were no reported prosecutions or convictions of labor trafficking offenses.

The Marriage Brokerage Management Act, which entered into effect in June, regulates both domestic and international marriage brokers and prescribes penalties for dishonest brokers, including sentences of up to three years' imprisonment or fines. There also are laws to protect "foreign brides" in the country and punish fraudulent marriage brokers, but NGOs claimed the laws needed to be strengthened.

The KNPA and the MOJ were principally responsible for enforcing antitrafficking laws. The government worked with the international community on investigations related to trafficking.

The government maintained a network of shelters and programs to assist victims of abuse, including trafficking victims. Victims were also eligible for medical, legal, vocational, and social support services. NGOS with funding from the government provided many of these services. NGOs reported that there was only one counseling center and two shelters in the country dedicated to foreign victims of sex trafficking. The MOJ continued to educate male clients of prostitution to correct distorted views of prostitution. During the year 17,956 individuals participated in the program.

Further reading

  • Sung, Suh. Unbroken Spirits: 19 Years in South Korea's Gulag, Rowman & Littlefield Publishers, August 28, 2001, ISBN 0-7425-0122-1.

External links

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