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Human rights in South Korea

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Human rights in South Korea 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 and members of the National Assembly 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.[citation needed] The National Security Law criminalizes speech in support of Communism or North 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.[citation needed] As a country of origin, women were trafficked primarily for sexual exploitation to the United States, sometimes through Canada, as well as to other Western countries and Japan.[citation needed] 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 and then by the authoritarian military regimes of Park Chung-hee, Chun Doo-hwan, and Roh Tae-woo. 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.[1] After the Gwangju Massacre 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 into power.

Civil liberties

Individual rights

See also: Freedom of religion in South Korea

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

Official censorship is in place.[citation needed] 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 jailed 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.[2] Some conservative groups have complained that police keep a tight watch on their demonstrations and that some people were prevented from attending rallies.[3] Former Unification Minister Chung Dong-young was once accused of attempting to distract reporters from a meeting of activists for human rights in North Korea.[4] Several established human rights organizations, however, have held lectures and exhibits critical of North Korea with no interference.[5]

Censorship is more notable in the media.[citation needed] Songs and theater play in Japanese language or relating to Japan are generally prohibited.[6] 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.[7] In 1997 a human rights film festival was blocked and the organizers arrested for refusing to submit their films for pre-screening.[8] The government blocks access to North Korean websites and, sometimes, to major overseas web sites that host blogs.[citation needed] There is currently a debate over whether to revoke the ability to make anonymous comments online.[9]

The previous administration of Roh Moo-hyun had frequently clashed with the media, especially the conservative newspapers The Chosun Ilbo and Dong-A Ilbo which had been particularly critical of him, and encouraged citizens to drop their subscriptions in favor of newspapers friendly to him.[citation needed] In a series of tax investigations, the companies most closely audited were also those least friendly towards the government.[10]

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.[citation needed] 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.[citation needed]

Children of at least one ethnically non-Korean parent also face pervasive discrimination, so much so that a large number of them attempt suicide and it is rare for them even to finish high school.[citation needed] Many are simply given up for adoption. 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, who is of mixed Korean and African American heritage, earned MVP honors in Super Bowl XL, it sparked a debate in Korean society about the treatment mixed children receive.[11]

South Korea's still continuing confucian and traditionalist beliefs result in few gays. 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.[12] Gay men are not allowed to serve in the military, and in 2005 five soldiers were discharged for homosexuality.[13]

See Also: Gay rights in South Korea

Refugees from North Korea

Many refugees from North Korea 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.[14][15][16] 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.[1][2] The government also blocked activists from sending radios to the North, and a scuffle reportedly left activist Norbert Vollertsen injured.[3] 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 outlets, still somewhat supportive of Stalinist dictatorship in North Korea.[citation needed]

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.[17] 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.[18] In one incident an Army captain was arrested on charges of maltreating trainees, after allegedly forcing 192 conscripts to eat feces. The National Human Rights Commission of Korea launched a probe into the case since it infringed on human rights.[4]

Criminal justice system

During the years of military rule in the 20th century, the police force was widely regarded as corrupt and abusive, although problems have decreased with democratization.

There are at least 1,000 prisoners of conscience, most of whom are there for refusing to serve in the military. Others are imprisoned under the National Security Law, for offenses that include publishing a pro-North Korean book, uploading socialist material to the internet, and joining organizations sympathetic to North Korea. The longest-held such prisoners are North Korean spies or collaborators who refused to recant their Communist beliefs; some were repatriated to the North but the rest are kept in solitary confinement in poor conditions.[5]

As the legal system is based on civil law, judgments are rendered by judges, not juries.

Human trafficking

See also: Human trafficking and Prostitution in South Korea

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.

References

  1. ^ Park Song-wu. "Seoul Concocted 1967 East Berlin Spy Ring". The Korea Times. {{cite web}}: Cite has empty unknown parameters: |month= and |coauthors= (help)
  2. ^ Digital Chosunilbo (English Edition) : Daily News in English About Korea
  3. ^ Digital Chosunilbo (English Edition) : Daily News in English About Korea
  4. ^ http://news.naver.com/news/read.php?mode=LSD&office_id=025&article_id=0000586682
  5. ^ Digital Chosunilbo (English Edition) : Daily News in English About Korea
  6. ^ http://www.ritsumei.ac.jp/acd/re/k-rsc/ras/publication/kiyo_jp/22/22_09.pdf
  7. ^ Page Error : 찾으시는 Page의 URL이 잘못되었거나 없습니다
  8. ^ Document Information | Amnesty International
  9. ^ Page Error : 찾으시는 Page의 URL이 잘못되었거나 없습니다
  10. ^ http://www.command-post.org/nk/2_archives/018794.html#more
  11. ^ Kim Rahn (02-09-2006). "Ward's Win Brings 'Race' to the Fore". Hankooki.com. {{cite web}}: Check date values in: |date= (help); Cite has empty unknown parameters: |month= and |coauthors= (help)
  12. ^ "Most Lesbians Suffer Discrimination: Poll". chosun.com. {{cite web}}: Cite has empty unknown parameters: |month= and |coauthors= (help)
  13. ^ "Gay soldiers booted from South Korean army". Associated Press. {{cite web}}: Cite has empty unknown parameters: |month= and |coauthors= (help)
  14. ^ ""Young N. Koreans face ostracism in South"". MSNBC.com. {{cite web}}: Cite has empty unknown parameters: |month= and |coauthors= (help)
  15. ^ "Double jeopardy for North Korean defectors". Asia Times. {{cite web}}: Cite has empty unknown parameters: |month= and |coauthors= (help)
  16. ^ "67% of Defectors Face Discrimination". {{cite web}}: Cite has empty unknown parameters: |month= and |coauthors= (help)
  17. ^ "South Korea Human Rights". Amnesty International USA. Retrieved 2008-08-11.
  18. ^ Kim, Daisy (2007-07-24). "Improving Human Rights in the South Korean Military". International Affairs Journal at UC Davis. Retrieved 08-11-2008. {{cite journal}}: Check date values in: |accessdate= (help)

News reports

U.S. State Department Annual Reports

Further reading

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