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22 October 1999
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HR/CT/99/38
22 October 1999
HUMAN RIGHTS COMMITTEE CONCLUDES REVIEW OF KOREAN REPORT ON STATUS OF COVENANT ON CIVIL AND POLITICAL RIGHTS
The Human Right Committee concluded this morning its review of a report submitted by the Republic of Korea by offering its preliminary observations and recommendations, in which it expressed concern about, among other things, the continuation of the National Security Law, which had been in place since 1948.
In preliminary observations and recommendations, Committee Chairperson Cecilia Medina Quiroga said that although the Government had shown its intention to revise the National Security Law, its rationalization for keeping it -- public support -- was not justified. Public opinion could in no way be given as justification to violate the provisions of the Covenant, she said.
Ms. Medina Quiroga also expressed concern about the practice of torture in the Republic of Korea, and said that the measures taken by the Government to prevent torture were inadequate. Out of the 57 complaints of torture submitted to the Korean authorities, 51 had been dismissed. She called it a strange situation. The Government had the obligation to investigate any case of torture when it was alerted to it, she added.
The Committee will issue its final written concluding observations and recommendations on the report of the Republic of Korea towards the end of its three-week session, which concludes 5 November.
Earlier in the meeting, a seven-member Korean delegation responded to oral questions raised by Committee members in the course of two meetings.
As one of 144 States parties to the International Covenant on Civil and Political Rights, the Republic of Korea is obliged to submit periodic reports to the Committee on the status of civil and political rights in the country.
When the Committee reconvenes at 10 a.m. on Monday, 25 October, it will have discussion on draft general comments before taking up the report of Portugal concerning Macau in the afternoon.
Discussion of Korean Report
In response to pending questions raised by Committee experts during the morning meeting, the delegation said Korean laws were reflections of its history, and that a sudden eradication of the National Security Law might create a problem. The Republic of Korean had undergone a terrible evolution before its current laws pertaining to its national security were put in place. Although the Government had intentions to replace the National Security Law, the public deemed its continued existence essential.
The Government of Korea hold a strong view that university students' violent demonstrations, and the setting of a police officer on fire in 1997, was the work of North Korean agents, the delegation said. Persons imprisoned under the National Security Law were mainly offenders of the national security, and they were guilty of committing subversive acts, added the delegation.
According to the report submitted to the Committee, the National Security Law was enacted on 1 December 1948 to both cope with North Korean manoeuvres to destroy the Republic of Korea and protect the democratic system that guaranteed life and freedom. The law had undergone eight revisions, and its contents had been supplemented and improved not only to protect national security, but also to prevent human rights violations.
The application of article 7 of the law, which concerned praising, encouraging and propagating anti-State organizations and producing or distributing materials for the benefit of an anti-State organisations, had become more strict and specific, compared with other penal laws such as the Criminal Code.
Responding to a question on the practice of torture, the delegation said that there was no impunity for the perpetrators of torture. Between 1995 and 1997, there had been 57 cases of torture submitted to the judicial authorities, out of which 51 cases were rejected because of insufficient evidence. One suspect was charged, but ended up with a non-guilty verdict.
On the status of women, the delegation said that public opinion against changing the traditional male-led family system was so strong that the Government was not ready to undertake such measures against it. Traditionally, the Korean family was headed by the husband, which left the wife in a secondary role. In addition, the Government was still hesitating to lift the prohibition of marriage between couples having the same family names.
Abortion was considered an act of crime except in circumstances of rape, incest or a threat to the life of the mother, the Korean delegation said. On preference for boy-children, society in urban areas had evolved, abandoning that traditional preference for boys. Modern Korean society had given equal value to boys and girls.
The Government of Korea had been conscious of the principle of equal pay for equal value of work, and applied it to all workers without sexual distinction, the delegation said.
Rape was considered a part of domestic violence, under the Korean law, including a husband raping his wife, the delegation said. They added that cases of rape by husbands were not an issue in society.
Korean authorities were contemplating legislative measures to prohibit the death penalty, however, no timetable was set for that purpose, the delegation said. At present, there were 39 persons in the death row awaiting execution. No execution, however, had been carried in recent years.
The Government of Korea absolutely guaranteed trade unions' basic labour rights, like legal assembly and industrial action, the delegation said. At the same time, the Government had an obvious concern with behaviour that was clearly illegal and violent. Unlike most other countries, Korea's strike methods were regrettably violent and destructive, the delegation said. However, if violence and destruction accompanied a strike, the individual perpetrators were arrested.
Korea would continue to guarantee the legal right to strike, while at the same time punishing illegal strikes that bring with them violence and destruction, the delegation said. The Government was firmly determined to improve its labour relations system and to meet internationally recognized standards.
A question was asked about the use of finger printing on identity cards, which some Committee members considered a degrading sign. The delegation, however, said that the Korean law obliged all persons under its territory to hold identity papers bearing their finger prints.
Preliminary Observations and Recommendations
In preliminary observations and recommendations to the report of the Republic of Korea, Committee Chairperson Cecilia Medina Quiroga said the reduction of disciplinary measures was among the positive aspect in the report. She also said that the withdrawal of certain reservations to the Covenant was another positive aspect. But the Government should also react on reservations still standing, she said.
Ms. Medina Quiroga said, among other things, that the Committee was concerned about the continuance of the National Security Law. Although the Government had shown its intention to revise that law, public opinion favoured it. Public opinion could in no way be given as justification to violate the provisions of the Covenant, the Chairperson said.
The Chairperson also said that the status of the Covenant was not clearly defined by the Government of Korea. The Covenant had no preferential application in Korean domestic law.
The existence of torture was another concern of the Committee, Ms. Medina Quiroga said. The measures taken by the Government to prevent torture were inadequate. Out of the 57 complaints of torture submitted to the Korean authorities, 51 had been dismissed. She said it was a strange situation. The Government had the obligation to investigate any case of torture when it was signalled to it. The long duration of detention could also invite acts of torture.
HR/CT/99/38
22 October 1999
HUMAN RIGHTS COMMITTEE CONCLUDES REVIEW OF KOREAN REPORT ON STATUS OF COVENANT ON CIVIL AND POLITICAL RIGHTS
The Human Right Committee concluded this morning its review of a report submitted by the Republic of Korea by offering its preliminary observations and recommendations, in which it expressed concern about, among other things, the continuation of the National Security Law, which had been in place since 1948.
In preliminary observations and recommendations, Committee Chairperson Cecilia Medina Quiroga said that although the Government had shown its intention to revise the National Security Law, its rationalization for keeping it -- public support -- was not justified. Public opinion could in no way be given as justification to violate the provisions of the Covenant, she said.
Ms. Medina Quiroga also expressed concern about the practice of torture in the Republic of Korea, and said that the measures taken by the Government to prevent torture were inadequate. Out of the 57 complaints of torture submitted to the Korean authorities, 51 had been dismissed. She called it a strange situation. The Government had the obligation to investigate any case of torture when it was alerted to it, she added.
The Committee will issue its final written concluding observations and recommendations on the report of the Republic of Korea towards the end of its three-week session, which concludes 5 November.
Earlier in the meeting, a seven-member Korean delegation responded to oral questions raised by Committee members in the course of two meetings.
As one of 144 States parties to the International Covenant on Civil and Political Rights, the Republic of Korea is obliged to submit periodic reports to the Committee on the status of civil and political rights in the country.
When the Committee reconvenes at 10 a.m. on Monday, 25 October, it will have discussion on draft general comments before taking up the report of Portugal concerning Macau in the afternoon.
Discussion of Korean Report
In response to pending questions raised by Committee experts during the morning meeting, the delegation said Korean laws were reflections of its history, and that a sudden eradication of the National Security Law might create a problem. The Republic of Korean had undergone a terrible evolution before its current laws pertaining to its national security were put in place. Although the Government had intentions to replace the National Security Law, the public deemed its continued existence essential.
The Government of Korea hold a strong view that university students' violent demonstrations, and the setting of a police officer on fire in 1997, was the work of North Korean agents, the delegation said. Persons imprisoned under the National Security Law were mainly offenders of the national security, and they were guilty of committing subversive acts, added the delegation.
According to the report submitted to the Committee, the National Security Law was enacted on 1 December 1948 to both cope with North Korean manoeuvres to destroy the Republic of Korea and protect the democratic system that guaranteed life and freedom. The law had undergone eight revisions, and its contents had been supplemented and improved not only to protect national security, but also to prevent human rights violations.
The application of article 7 of the law, which concerned praising, encouraging and propagating anti-State organizations and producing or distributing materials for the benefit of an anti-State organisations, had become more strict and specific, compared with other penal laws such as the Criminal Code.
Responding to a question on the practice of torture, the delegation said that there was no impunity for the perpetrators of torture. Between 1995 and 1997, there had been 57 cases of torture submitted to the judicial authorities, out of which 51 cases were rejected because of insufficient evidence. One suspect was charged, but ended up with a non-guilty verdict.
On the status of women, the delegation said that public opinion against changing the traditional male-led family system was so strong that the Government was not ready to undertake such measures against it. Traditionally, the Korean family was headed by the husband, which left the wife in a secondary role. In addition, the Government was still hesitating to lift the prohibition of marriage between couples having the same family names.
Abortion was considered an act of crime except in circumstances of rape, incest or a threat to the life of the mother, the Korean delegation said. On preference for boy-children, society in urban areas had evolved, abandoning that traditional preference for boys. Modern Korean society had given equal value to boys and girls.
The Government of Korea had been conscious of the principle of equal pay for equal value of work, and applied it to all workers without sexual distinction, the delegation said.
Rape was considered a part of domestic violence, under the Korean law, including a husband raping his wife, the delegation said. They added that cases of rape by husbands were not an issue in society.
Korean authorities were contemplating legislative measures to prohibit the death penalty, however, no timetable was set for that purpose, the delegation said. At present, there were 39 persons in the death row awaiting execution. No execution, however, had been carried in recent years.
The Government of Korea absolutely guaranteed trade unions' basic labour rights, like legal assembly and industrial action, the delegation said. At the same time, the Government had an obvious concern with behaviour that was clearly illegal and violent. Unlike most other countries, Korea's strike methods were regrettably violent and destructive, the delegation said. However, if violence and destruction accompanied a strike, the individual perpetrators were arrested.
Korea would continue to guarantee the legal right to strike, while at the same time punishing illegal strikes that bring with them violence and destruction, the delegation said. The Government was firmly determined to improve its labour relations system and to meet internationally recognized standards.
A question was asked about the use of finger printing on identity cards, which some Committee members considered a degrading sign. The delegation, however, said that the Korean law obliged all persons under its territory to hold identity papers bearing their finger prints.
Preliminary Observations and Recommendations
In preliminary observations and recommendations to the report of the Republic of Korea, Committee Chairperson Cecilia Medina Quiroga said the reduction of disciplinary measures was among the positive aspect in the report. She also said that the withdrawal of certain reservations to the Covenant was another positive aspect. But the Government should also react on reservations still standing, she said.
Ms. Medina Quiroga said, among other things, that the Committee was concerned about the continuance of the National Security Law. Although the Government had shown its intention to revise that law, public opinion favoured it. Public opinion could in no way be given as justification to violate the provisions of the Covenant, the Chairperson said.
The Chairperson also said that the status of the Covenant was not clearly defined by the Government of Korea. The Covenant had no preferential application in Korean domestic law.
The existence of torture was another concern of the Committee, Ms. Medina Quiroga said. The measures taken by the Government to prevent torture were inadequate. Out of the 57 complaints of torture submitted to the Korean authorities, 51 had been dismissed. She said it was a strange situation. The Government had the obligation to investigate any case of torture when it was signalled to it. The long duration of detention could also invite acts of torture.