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2008년 국가별 인권현황 보고서 |
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미국 국무부 |
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정치외교연구센터 / 한반도와 미국 |
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참고자료 |
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정책보고서 |
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주한 미국대사관 |
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2009/02/25 |
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2008 Country Reports on Human Rights PracticesFront Matter
--02/25/09 Preface
--02/25/09 Overview and Acknowledgements
--02/25/09 Introduction
Africa
--02/25/09 Angola
--02/25/09 Benin
--02/25/09 Botswana
--02/25/09 Burkina Faso
--02/25/09 Burundi
--02/25/09 Cameroon
--02/25/09 Cape Verde
--02/25/09 Central African Republic
--02/25/09 Chad
--02/25/09 Comoros
--02/25/09 Congo, Democratic Republic of the
--02/25/09 Congo, Republic of the
--02/25/09 Cote d'Ivoire
--02/25/09 Djibouti
--02/25/09 Equatorial Guinea
--02/25/09 Eritrea
--02/25/09 Ethiopia
--02/25/09 Gabon
--02/25/09 Gambia, The
--02/25/09 Ghana
--02/25/09 Guinea
--02/25/09 Guinea-Bissau
--02/25/09 Kenya
--02/25/09 Lesotho
--02/25/09 Liberia
--02/25/09 Madagascar
--02/25/09 Malawi
--02/25/09 Mali
--02/25/09 Mauritania
--02/25/09 Mauritius
--02/25/09 Mozambique
--02/25/09 Namibia
--02/25/09 Niger
--02/25/09 Nigeria
--02/25/09 Rwanda
--02/25/09 Sao Tome and Principe
--02/25/09 Senegal
--02/25/09 Seychelles
--02/25/09 Sierra Leone
--02/25/09 Somalia
--02/25/09 South Africa
--02/25/09 Sudan
--02/25/09 Swaziland
--02/25/09 Tanzania
--02/25/09 Togo
--02/25/09 Uganda
--02/25/09 Zambia
--02/25/09 Zimbabwe
East Asia and the Pacific
--02/25/09 Australia
--02/25/09 Brunei Darussalam
--02/25/09 Burma
--02/25/09 Cambodia
--02/25/09 China (includes Tibet, Hong Kong, and Macau)
--02/25/09 Taiwan
--02/25/09 Fiji
--02/25/09 Indonesia
--02/25/09 Japan
--02/25/09 Kiribati
--02/25/09 Korea, Democratic People's Republic of
--02/25/09 Korea, Republic of
--02/25/09 Laos
--02/25/09 Malaysia
--02/25/09 Marshall Islands
--02/25/09 Micronesia, Federated States of
--02/25/09 Mongolia
--02/25/09 Nauru
--02/25/09 New Zealand
--02/25/09 Palau
--02/25/09 Papua New Guinea
--02/25/09 Philippines
--02/25/09 Samoa
--02/25/09 Singapore
--02/25/09 Solomon Islands
--02/25/09 Thailand
--02/25/09 Timor-Leste
--02/25/09 Tonga
--02/25/09 Tuvalu
--02/25/09 Vanuatu
--02/25/09 Vietnam
Europe and Eurasia
--02/25/09 Albania
--02/25/09 Andorra
--02/25/09 Armenia
--02/25/09 Austria
--02/25/09 Azerbaijan
--02/25/09 Belarus
--02/25/09 Belgium
--02/25/09 Bosnia and Herzegovina
--02/25/09 Bulgaria
--02/25/09 Croatia
--02/25/09 Cyprus
--02/25/09 Czech Republic
--02/25/09 Denmark
--02/25/09 Estonia
--02/25/09 Finland
--02/25/09 France
--02/25/09 Georgia
--02/25/09 Germany
--02/25/09 Greece
--02/25/09 Hungary
--02/25/09 Iceland
--02/25/09 Ireland
--02/25/09 Italy
--02/25/09 Kosovo
--02/25/09 Latvia
--02/25/09 Liechtenstein
--02/25/09 Lithuania
--02/25/09 Luxembourg
--02/25/09 Macedonia
--02/25/09 Malta
--02/25/09 Moldova
--02/25/09 Monaco
--02/25/09 Montenegro
--02/25/09 Netherlands
--02/25/09 Norway
--02/25/09 Poland
--02/25/09 Portugal
--02/25/09 Romania
--02/25/09 Russia
--02/25/09 San Marino
--02/25/09 Serbia
--02/25/09 Slovak Republic
--02/25/09 Slovenia
--02/25/09 Spain
--02/25/09 Sweden
--02/25/09 Switzerland
--02/25/09 Turkey
--02/25/09 Ukraine
--02/25/09 United Kingdom
Near East and North Africa
--02/25/09 Algeria
--02/25/09 Bahrain
--02/25/09 Egypt
--02/25/09 Iran
--02/25/09 Iraq
--02/25/09 Israel and the occupied territories
--02/25/09 Jordan
--02/25/09 Kuwait
--02/25/09 Lebanon
--02/25/09 Libya
--02/25/09 Morocco
--02/25/09 Western Sahara
--02/25/09 Oman
--02/25/09 Qatar
--02/25/09 Saudi Arabia
--02/25/09 Syria
--02/25/09 Tunisia
--02/25/09 United Arab Emirates
--02/25/09 Yemen
South and Central Asia
--02/25/09 Afghanistan
--02/25/09 Bangladesh
--02/25/09 Bhutan
--02/25/09 India
--02/25/09 Kazakhstan
--02/25/09 Kyrgyz Republic
--02/25/09 Maldives
--02/25/09 Nepal
--02/25/09 Pakistan
--02/25/09 Sri Lanka
--02/25/09 Tajikistan
--02/25/09 Turkmenistan
--02/25/09 Uzbekistan
Western Hemisphere
--02/25/09 Antigua and Barbuda
--02/25/09 Argentina
--02/25/09 Bahamas, The
--02/25/09 Barbados
--02/25/09 Belize
--02/25/09 Bolivia
--02/25/09 Brazil
--02/25/09 Canada
--02/25/09 Chile
--02/25/09 Colombia
--02/25/09 Costa Rica
--02/25/09 Cuba
--02/25/09 Dominica
--02/25/09 Dominican Republic
--02/25/09 Ecuador
--02/25/09 El Salvador
--02/25/09 Grenada
--02/25/09 Guatemala
--02/25/09 Guyana
--02/25/09 Haiti
--02/25/09 Honduras
--02/25/09 Jamaica
--02/25/09 Mexico
--02/25/09 Nicaragua
--02/25/09 Panama
--02/25/09 Paraguay
--02/25/09 Peru
--02/25/09 Saint Kitts and Nevis
--02/25/09 Saint Lucia
--02/25/09 Saint Vincent and the Grenadines
--02/25/09 Suriname
--02/25/09 Trinidad and Tobago
--02/25/09 Uruguay
--02/25/09 Venezuela
Appendices
--02/25/09 Appendix A: Notes on Preparation of the Country Reports and Explanatory Notes
--02/25/09 Appendix B: Reporting on Worker Rights
--02/25/09 Appendix C: Selected International Human Rights Conventions
--02/25/09 Appendix D: Description of International Human Rights Conventions in Appendix C
--02/25/09 Appendix E: FY 2008 State and USAID Foreign Assistance Estimate
--02/25/09 Appendix F: UN General Assembly's Third Committee Country Resolution Votes 2008
--02/25/09 Appendix G: UN Universal Declaration of Human Rights
Related Material
--02/25/09 The State Department's 2008 Country Reports on Human Rights Practices
--02/25/09 2008 Country Reports on Human Rights Practices; Karen Stewart, Acting Assistant Secretary for Democracy, Human Rights and Labor; Remarks to...; Washington, DC
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2008년 인권보고서: 대한민국
민주주의•인권•노동국
2008년 국가별 인권현황 보고서
2009년 2월 25일
대한민국(이하 한국)은 대통령제와 단원제 국회를 통치체제로 하는 입헌민주주의 국가이다. 한국의 인구는 약 4,800만 명이다. 자유롭고 공정하게 치러진 4월 총선에서 한나라당이 다수석을 차지했다. 민간 정부는 전반적으로 군경에 대한 효과적 통제력을 유지했다.
전반적으로 한국 정부는 국민의 인권을 존중했지만, 일부 문제점이 있었다. 여성, 장애인, 소수자에 대한 사회적 차별이 남아있다. 강간, 가정폭력, 아동학대, 인신매매가 여전히 심각한 문제였다...
2008년 인권보고서: 조선민주주의인민공화국*
민주주의•인권•노동국
2008년 국가별 인권현황 보고서
2009년 2월 25일
조선민주주의인민공화국(이하 “북한”)은 김정일 조선노동당 총비서 겸 국방위원장(국가최고위직)의 절대통치 하에 있는 독재국가이다. 북한의 인구는 약 2,350만 명으로 추산된다. 김정일의 부친 고 김일성 주석이 “영구주석”으로 추대되어 있다. 2007년 7월에 실시된 지방선거는 자유선거 또는 공정선거로 규정할 수 없다. 보위기관은 민간의 통제를 받지 않으며, 보위기관 요원들은 심각한 인권침해를 무수히 자행해왔다.
북한정부의 인권상황은 여전히 극히 열악하며, 북한정권은 다수의 심각한 인권침해를 지속해왔다. 북한정권은 다방면에서 주민생활을 엄격히 통제하고 있다. 북한 주민에게는 정부를 교체할 수 있는 권리가 부여되지 않는다. 사법외적 처형, 실종, 임의구금 및 정치범에 관한 보고가 계속되고 있다. 수용소의 상황은 매우 가혹하고 수감자들의 생명을 위협하는 수준이며 고문이 자행된다. 임신한 여성 수감자에 대하여 강제 낙태를 실시하거나 수용소에서 태어난 영아를 출산 즉시 살해하는 경우도 있었다. 사법부는 독립성이 결여되어 있으며, 공정한 재판을 수행하지 못한다. 북한 주민에게는 표현•언론•집회 및 결사의 자유가 인정되지 않으며 정부가 모든 정보를 통제하려 한다. 정부는 종교 및 거주이전의 자유와 노동권을 제한하고 있다. 북한으로 강제 송환된 탈북자 일부에 대한 가혹한 처벌사례가 지속적으로 보고되고 있다. 중국으로 밀입국한 탈북자와 노동자들 사이에서 성인여성 및 소녀를 대상으로 한 인권매매사례가 광범위하게 보고되고 있다...
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2008 Human Rights Report: Republic of Korea
Bureau of Democracy, Human Rights, and Labor
2008 Country Reports on Human Rights Practices
February 25, 2009
The Republic of Korea (Korea or ROK) is a constitutional democracy governed by a president and a unicameral legislature. The country has a population of approximately 48 million. In April the Grand National Party obtained a majority of National Assembly seats in a free and fair election. Civilian authorities generally maintained effective control of the security forces.
The government generally respected the human rights of its citizens; however, there were problems in some areas. Women, persons with disabilities, and minorities continued to face societal discrimination. Rape, domestic violence, child abuse, and trafficking in persons remained serious problems.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom From:
a. Arbitrary or Unlawful Deprivation of Life
There were no reports that the government or its agents committed arbitrary or unlawful killings.
Official figures indicated that hazing was a factor in many of the 321 suicides by military personnel since 2004.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The law prohibits mistreatment of suspects, and officials generally observed this prohibition in practice.
The government continued to investigate incidents of possible abuse under the country's former military regimes. As of November the Commission for the Restoration of Honor and Compensation to Activists of the Democratization Movement had reviewed 11,241 of the 13,348 cases reported since its creation in 2000 and determined that compensation was due in 8,908 of them.
Prison and Detention Center Conditions
Prison and detention center conditions generally met international standards, and the government permitted visits by independent human rights observers.
d. Arbitrary Arrest or Detention
The law prohibits arbitrary arrest and detention, and the government generally observed these prohibitions. However, the National Security Law (NSL) 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.
During the year 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.
Role of the Police and Security Apparatus
Civilian authorities maintained effective control over the KNPA, and the government has effective mechanisms to investigate and punish abuse and corruption.
AI reported that some riot police dispatched to demonstrations in Seoul between May and September had hidden their name badges or not worn them. The National Human Rights Commission (NHRC) also reported that some riot police had covered their nametags with black tape and recommended that the KNPA ensure that police nametags are easily visible.
Arrest and Detention
The law requires warrants in cases of arrest, detention, seizure, or search, except if a person is apprehended while committing a criminal act or if a judge is not available and the authorities believe that a suspect may destroy evidence or escape capture if not quickly arrested. In such cases a public prosecutor or judicial police officer must prepare an affidavit of emergency arrest immediately upon apprehension of the suspect. Police may not question for more than six hours persons who voluntarily submit to questioning at police stations. Authorities generally must release an arrested suspect within 20 days unless an indictment is issued. An additional 10 days of detention is allowed in exceptional circumstances.
There is a bail system, but human rights lawyers stated that bail generally was not granted for detainees who were charged with committing serious offenses, might attempt to flee or harm a previous victim, or had no fixed address.
The law provides for the right to representation by an attorney, including during police interrogation. There are no restrictions on access to a lawyer, but the authorities can limit a lawyer's participation in an interrogation if the lawyer obstructs the interrogation or divulges information that impedes an investigation. The courts generally observed a defendant's right to a lawyer. During both detention and arrest periods, an indigent detainee may request that the government provide a lawyer.
Access to family members during detention varies according to the level of crime being investigated. There were no reports of access to legal counsel being denied.
Amnesty
In August the government granted a special amnesty to approximately 342,000 persons. Most were government officials due to receive disciplinary action. Approximately 1,900 of the pardons involved Election Act violations and another 10,000 involved commutation of sentences or probation for persons convicted of other crimes.
e. Denial of Fair Public Trial
The law provides for an independent judiciary, and the government generally respected judicial independence in practice.
Trial Procedures
The law provides defendants with a number of rights in criminal trials, including the presumption of innocence, protection against self-incrimination, the right to a speedy trial, the right of appeal, and freedom from retroactive laws and double jeopardy. Trials are open to the public, but judges may restrict attendance if they believe spectators might disrupt the proceedings. There is a public jury system, but the verdict of the jury is not legally binding. Court-appointed lawyers are provided by the government (at government expense) in cases where defendants cannot afford to provide their own legal counsel. When a person is detained, the initial trial must be completed within six months of arrest. Judges generally allowed considerable scope for examination of witnesses by both the prosecution and defense. Defendants have the right to be present and to consult with an attorney, can confront or question witnesses against them, and can present witnesses and evidence on their behalf. Defendants have access to government-held evidence relevant to their cases. The constitution provides for the right to a fair trial, and an independent judiciary generally enforced this right.
Political Prisoners and Detainees
It was difficult to estimate the number of political prisoners, because it was sometimes unclear whether persons were arrested for exercising the rights of free speech and association or for committing acts of violence or espionage. The NGO Mingahyup reported that as of December, the government had imprisoned 74 persons for their political beliefs and convicted 399 conscientious objectors who failed to report for military service. However, the MOJ stated that there were no cases of incarceration for political beliefs and that the law does not distinguish conscientious objectors from others who do not report for military service.
Civil Judicial Procedures and Remedies
There was an independent and impartial judiciary in civil matters, and there were no problems enforcing domestic court orders. Citizens had access to a court to bring lawsuits seeking damages for, or cessation of, a human rights violation.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
The law prohibits such actions, and the government generally respected these prohibitions in practice. Some human rights groups raised concerns about possible government wiretapping abuse. The law establishes broad conditions under which the government may monitor telephone calls, mail, and other forms of communication for up to two months in criminal investigations and four months in national security cases. According to the National Assembly parliamentary audit, there were 1,149 instances of wiretapping in 2007. The National Intelligence Service conducted 87.9 percent of these. Telecommunications companies provided customer information to investigation agencies on 426,453 occasions in 2007.
The government continued to require some released prisoners to report regularly to police in accordance with the Security Surveillance Act. While the Ministry of Unification (MOU) designated precinct-level officers to handle issues brought forth by resettled DPRK refugees, the ministry claimed that there were no reporting requirements for the resettled citizens.
The NSL forbids citizens from listening to North Korean radio in their homes or reading books published in the DPRK if the government determines that the action endangers national security or the basic order of democracy in the country. However, this prohibition was rarely enforced, and the viewing of DPRK satellite telecasts in private homes is legal.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The law provides for freedom of speech and of the press, and the government generally respected these rights in practice. An independent press, an effective judiciary, and a functioning democratic political system combined to ensure freedom of speech and of the press. The independent media were active and expressed a wide variety of views generally without restriction. However, under the NSL the government may limit the expression of ideas that authorities consider Communist or pro-DPRK.
Internet Freedom
The government blocked violent, sexually explicit, and gambling-oriented Web sites and required site operators to rate their site as harmful or not harmful to youth, based on telecommunications laws that ban Internet service providers from offering information considered harmful to youth. The government also continued to block DPRK Web sites.
The law requires identity verification in order to post messages to Web sites with more than 300,000 visitors per day.
According to 2007 Organization for Economic Cooperation and Development data, 94.1 percent of households had access to the Internet through broadband connections. In addition to Internet access from home, public Internet rooms were widely available and inexpensive.
Academic Freedom and Cultural Events
There were generally no government restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association
Freedom of Assembly
The law provides for freedom of assembly, and the government generally respected this right in practice. The law prohibits assemblies that are considered likely to undermine public order and requires police to be notified in advance of demonstrations of all types, including political rallies. The police must notify organizers if they consider an event impermissible under this law; however, police routinely approved demonstrations. The police reportedly banned some protests by groups that had not properly registered or that had been responsible for violent protests in the past.
The KNPA reported that 26 riot police were accused of abuses during the period of the "Candlelight Demonstrations" in Seoul against the administration of President Lee Myung-bak between May and September. An AI report on the demonstrations noted that protesters were mostly peaceful and the police showed "organization and restraint," but it criticized riot police for misusing water cannons and fire extinguishers; exercising excessive and unnecessary force; and kicking and beating protesters, journalists, observers, and medical volunteers with shields and batons. The report also stated that riot police were insufficiently trained in crowd control and dispersion. The NHRC also reported that police occasionally had suppressed demonstrations in an excessive manner, injuring protesters. The KNPA stated that police responded to violent and illegal demonstrations in accordance with the law. Official investigations of allegations of police abuse were ongoing at year's end.
Freedom of Association
The law provides for freedom of association, and the government generally respected this right in practice. Associations operated freely, except those deemed by the government to be seeking to overthrow the government. In December 2007, for example, Jang Min-ho, a foreign citizen and former reporter for the newspaper Joongang Daily, was sentenced to seven years and fined 19 million won (approximately $14,300) for allegedly meeting with DPRK spies. He was serving his sentence as of year's end.
c. Freedom of Religion
The law provides for freedom of religion, and the government generally respected this right in practice.
In August tens of thousands of Buddhists protested alleged discrimination by the government. Buddhist leaders denounced a police search of a temple vehicle for fugitive anti-Lee Myung-bak demonstrators and demanded the dismissal of the KNPA commissioner general, who had appeared in a poster promoting a Christian police event. In September President Lee Myung-bak expressed regret that any actions of civil servants had "caused concern within the Buddhist community." The head of the Buddhist Jogye Order accepted an apology from the police commissioner general in November.
Societal Abuses and Discrimination
The small Jewish population consists almost entirely of expatriates. There were no reports of anti-Semitic acts.
For a more detailed discussion, see the 2008 International Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons
Most citizens could move freely throughout the country; however, government officials restricted the movement of certain DPRK defectors by denying them passports. In January the Supreme Court ruled that the denial of a passport to one defector was "unjust." While foreign travel generally was unrestricted, the government must approve travel to the DPRK. In many cases travelers going to the DPRK must receive a briefing from the Ministry of Unification prior to departure. They must demonstrate also that their trip does not have a political purpose and is not undertaken to praise the DPRK or criticize the government. The government cooperated with the Office of the UN High Commissioner for Refugees and other humanitarian organizations in assisting refugees and asylum seekers.
The law does not include provisions for forced exile of its citizens, and the government did not employ it.
Protection of Refugees
The laws provide for the granting of asylum or refugee status in accordance with the 1951 UN Convention relating to the Status of Refugees and its 1967 protocol, and the government has established a system for providing protection to refugees. However, the government routinely did not grant refugee status or asylum. In practice the government generally provided protection against the expulsion or return of refugees to countries where their lives or freedom would be threatened.
Government guidelines provide for offering temporary refuge in the case of a mass influx of asylum seekers and an alternative form of protection--a renewable, short-term permit--to those who meet a broader definition of "refugee." During the year the government recognized 36 asylum applicants as refugees, many more than in past years. However, a complex procedure and long delays in refugee status decision making continued to be problems. At year's end approximately 1,500 applications were pending decisions. Asylum seekers who were recognized as refugees received basic documentation but frequently encountered problems in exercising their rights. Like other foreigners, refugees frequently were subjected to various forms of informal discrimination.
The government continued its longstanding policy of accepting refugees from the DPRK, who are entitled to ROK citizenship. The government resettled 2,809 North Koreans during the year, resulting in 15,057 North Koreans resettled in the country.
Section 3 Respect for Political Rights: The Right of Citizens to Change Their Government
The law provides citizens with the right to change their government peacefully, and citizens exercised this right in practice through periodic, free, and fair elections held on the basis of universal suffrage for all citizens 20 years of age or older.
Elections and Political Participation
National Assembly elections held in April were free and fair.
Both the majority and the various minority political parties operated without restriction or outside interference.
In general elections, 50 percent of each party's candidates on the proportional ballot must be women, and 30 percent of each party's geographical candidates are recommended to be women. There were 41 female lawmakers in the 299-seat National Assembly, with three of 18 National Assembly committees chaired by women. Two of 13 Supreme Court justices and two of 15 cabinet ministers were women.
There were no minorities in the National Assembly.
Government Corruption and Transparency
The law provides criminal penalties for official corruption, and the government generally implemented these laws effectively. The Korea Independent Commission Against Corruption stated that the overall "cleanliness level" of the government for 2007 was 8.89 out of 10 points, an improvement from 8.77 in 2006. There were reports of officials receiving bribes and violating election laws. Several National Assembly members were found guilty of taking bribes in exchange for fixing candidate lists for proportional representation seats up for election in April. In November the prosecutor's office announced corruption indictments against 250 officials at state-backed companies, primarily for taking bribes.
By law public servants above a certain rank must register their assets, including how they were accumulated, thereby making their holdings public. Among the anticorruption agencies are the Board of Audit & Inspection and the Public Servants Ethics Committee. In February the Korea Independent Commission Against Corruption, Ombudsman of Korea, and Administrative Appeals Commission were integrated to form the Anti-Corruption and Civil Rights Commission.
The country has a Freedom of Information Act; in practice the government granted access for citizens and noncitizens alike, including foreign media.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
A wide variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials often were cooperative and responsive to their views.
The NHRC is an independent government body established to protect and promote human rights; however, it has no enforcement powers and its decisions are not binding. The NHRC investigates complaints, issues policy recommendations, and conducts education campaigns. The NHRC largely has enjoyed the government's cooperation, received adequate resources, and been considered effective.
Section 5 Discrimination, Societal Abuses, and Trafficking in Persons
The law forbids discrimination on the basis of gender, religion, disability, social status, and race, and the government generally respected these provisions. However, traditional attitudes limited opportunities for women, persons with disabilities, and ethnic minorities. While courts have jurisdiction to decide discrimination claims, many of these cases were instead handled by the NHRC. During the year 1,380 such cases were brought before the NHRC.
Women
Rape remained a serious problem. Although there is no specific statute that defines spousal rape as illegal, the courts have established a precedent by prosecuting spouses in such cases. The MOJ stated that there were 7,532 reports of rape and 3,581 prosecutions during the year. In 2007 there were 15,325 registered cases of sexual violence, including rape, sexual harassment, and other sexual crimes, according to the Ministry of Gender Equality (MOGE). A study by the Korea Institute for Health and Social Affairs and the Korean Institute of Criminology found that annually 17.9 of every 1,000 women were victims of sexual harassment, rape, or other sexual crimes, but the reporting rate for rape was only 7.1 percent. The penalty for rape is at least three years' limited imprisonment; if a weapon is used or two or more persons commit the rape, punishment ranges from a minimum of five years' to life imprisonment.
Violence against women remained a problem. During the year the MOJ registered 11,048 cases of domestic violence and prosecuted 1,747 cases. According to an MOGE survey, approximately 30 percent of all married women were victims of domestic violence. The law defines domestic violence as a serious crime and enables authorities to order offenders to stay away from victims for up to six months. Offenders can be sentenced to a maximum five years' imprisonment or fined up to seven million won ($5,300). Offenders also may be placed on probation or ordered to see court designated counselors. The law also requires police to respond immediately to reports of domestic violence, and the police generally were responsive.
Prostitution is illegal but widespread. In July police began a crackdown on alleged prostitution-related establishments in multiple areas of Seoul, closing 61 businesses in one district and prosecuting approximately 350 persons without physical detention. The government allows for the prosecution of citizens who pay for sex or commit acts of child sexual exploitation in other countries. The Act on the Prevention of the Sex Trade and Protection of Victims Thereof, which entered into effect in September, further stipulates that the MOGE complete a report every three years on the status of domestic prostitution in addition to the involvement of citizens in sex tourism and the sex trade abroad. NGOs continued to express concern that sex tourism to China and Southeast Asia was becoming more prevalent.
The law obligates companies and organizations to take preventive measures against sexual harassment, but it continued to be a problem. The NHRC received 152 cases of sexual harassment during the year. According to the NHRC, remedies included issuance of a recommendation for redress, conciliation, mutual settlement, and resolution during investigation. The NHRC lacks the authority to impose punitive measures, which must be pursued through the court system.
The family law permits a woman to head a household, recognizes a wife's right to a portion of a couple's property, and allows a woman to maintain contact with her children after a divorce. The law also allows remarried women to change their children's family name to their new husband's name. Women enjoy the same legal rights under the constitution as men.
Women continued to experience economic discrimination in pay for substantially similar work. According to the Korea Institute of Finance, a survey of financial services companies revealed that almost 60 percent of newly created jobs in this sector were filled by women. The portion of entry-level civil service positions that women filled increased from 3.2 percent in 1992 to 49 percent in 2007. The Ministry of Foreign Affairs and Trade reported that 67.7 percent of new diplomats were women. The Ministry of Labor (MOL) stated that the employment rate of females between the ages of 15 and 64 had risen approximately 10 percentage points since 1996, from 43.6 percent to 53.1 percent. Nevertheless, relatively few women worked in managerial positions or earned more than a median income, and gender discrimination in the workplace remained a problem. An MOL survey released in April found that 53.9 percent of respondents believed that sexual discrimination within the workplace was a serious problem.
The law penalizes companies found to discriminate against women in hiring and promotions. A company found guilty of practicing sexual discrimination could be fined up to approximately five million won ($3,800) and have its name published in the newspaper. The law also provides for a public fund to support victims in seeking legal redress. Some government agencies' preferential hiring of applicants with military service (nearly always men) reinforced barriers against women, despite a Constitutional Court ruling that such preferential hiring was unconstitutional.
Children
The government demonstrated its commitment to children's rights and welfare through free public education. High quality health care was widely available to children.
From January through June, a total of 2,733 child abuse cases were reported to the Ministry of Health and Welfare (MOHW). The MOGE maintained four centers that provided counseling, treatment, and legal assistance to child victims of sexual violence. In February the government revised the Acts on the Prevention of School Violence and Countermeasures to make sexual violence perpetrated at school subject to criminal prosecution.
The law establishes a maximum sentence of 25 years' imprisonment for the brokerage and sale of the sexual services of persons younger than 19 years of age. It also establishes prison terms for persons convicted of the purchase of sexual services of youth under age 19. The Commission on Youth Protection publicizes the names of those who commit sex offenses against minors. The law provides for prison terms of up to three years or a fine of up to 20 million won ($15,000) for owners of entertainment establishments who hire persons under age 19. The commission's definition of "entertainment establishment" includes facilities such as restaurants and cafes where children are hired illegally as prostitutes.
In July the Constitutional Court overturned a 1987 ban on prenatal gender tests, ruling that a parent's right to know outweighed the risk of male-preference abortion, a practice that the court stated was in decline.
Trafficking in Persons
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.
The State Department's annual Trafficking in Persons Report can be found at www.state.gov/g/tip.
Persons with Disabilities
In April the Anti-Discrimination Against and Remedies for Persons with Disabilities Act (DDA) took effect. The DDA adopts a definition of discrimination encompassing direct discrimination, indirect discrimination, and denial of due conveniences, and it establishes penalties for deliberate discrimination of up to three years in prison and 30 million won ($22,600). The government, through the MOHW, initiated a five-year plan to implement a comprehensive set of policies, took measures to make homes barrier free, provided part-time employment, established a task force to introduce a long-term medical care system, and opened a national rehabilitation research center to increase opportunities and access for persons with disabilities. During the year the NHRC received 635 cases of alleged discrimination in areas such as employment, property ownership, and access to educational facilities.
Firms with more than 100 employees are required by law either to hire persons with disabilities or contribute to funds used to promote the employment of persons with disabilities. Nevertheless, the hiring of persons with disabilities remained significantly below target levels.
National/Racial/Ethnic Minorities
The country is racially homogeneous, with no sizable populations of ethnic minorities. Citizenship is based on parentage, not place of birth, and persons must demonstrate their family genealogy as proof of citizenship. Naturalization is a difficult process requiring detailed applications, a long waiting period, and a series of investigations and examinations. Because of the difficulty of establishing Korean citizenship, those not ethnically Korean remained "foreign." Many foreign workers continued to report difficult working conditions.
Other Societal Abuses and Discrimination
Despite cultural respect for the elderly, there were reports of age discrimination in the workplace. In March the government enacted the Age Discrimination in Employment Act to address age discrimination in hiring and employment.
Some observers claimed that persons with HIV/AIDS suffered from severe societal discrimination and social stigma. The law ensures the confidentiality of persons with HIV/AIDS and protects individuals from discrimination. The government supported rehabilitation programs and shelters run by private groups and subsidized medical expenses from the initial diagnosis. The government operated a Web site with HIV/AIDS information and a telephone counseling service.
The law prohibits discrimination on the basis of sexual orientation, but societal discrimination persisted. In November a military court asked the Constitutional Court to rule on the constitutionality of rules prohibiting sexual activity between male military personnel. An opinion had not been rendered by year's end.
Section 6 Worker Rights
a. The Right of Association
The law provides workers with the right to associate freely and allows public servants to organize unions. The government continued to postpone the implementation of the 1997 law that authorizes union pluralism.
The ratio of organized labor in the entire population of wage earners in 2007 was approximately 11 percent, or 1.5 million unionists from a total of 14.7 million workers. The country has two national labor federations--the Korean Confederation of Trade Unions (KCTU) and the Federation of Korean Trade Unions (FKTU)--and an estimated 1,600 labor unions. The KCTU and the FKTU were affiliated with the International Trade Union Confederation (ITUC). Most of the FKTU's constituent unions maintained affiliations with global union federations.
The government recognized a range of other labor federations, including independent white-collar federations representing hospital workers, journalists, and office workers at construction firms and government research institutes. Labor federations not formally recognized by the MOL generally operated without government interference. AI criticized the MOL for continuing to deny legal recognition to the Seoul-Gyeonggi-Incheon Migrants Trade Union (MTU), even after a high court ruled that the law protecting the right of association applied to migrant laborers. In May the government arrested and deported MTU's President Torna Limbu and Vice President Abdus Sabur for being in "irregular or undocumented status." The ITUC criticized the May arrest and deportation of the two under immigration charges as governmental antiunion repression. Previous MTU leaders also previously were arrested and deported.
By law unions must submit a request for mediation to the Labor Relations Commission before a strike; otherwise, the strike is considered illegal. In most cases the mediation must be completed within 10 days; in the case of essential services, within 15 days. Strikes initiated following this period without majority support from union membership are illegal. Striking is also prohibited in cases in which a dispute has been referred to binding arbitration. Workers employed at major defense corporations subject to the Special Act on the Defense Industry and those working in the areas of electricity generation, water supply, or production of defense products are not allowed to strike. In addition, if striking employees resort to violence, unlawful occupation of premises, or infliction of damage to facilities, their actions are deemed illegal. Strikes not specifically pertaining to labor conditions, including wages, benefits, and working hours, are also illegal. Under the penal code for "obstruction of business," arrest warrants can be issued against union leaders during an illegal strike. Striking workers can be removed by police from the premises and, along with union leaders, prosecuted and sentenced.
On December 5, authorities arrested KCTU President Lee Suk-haeng and charged him with "obstruction of business" in connection with his role organizing a general strike on July 2 to protest plans to resume foreign beef imports. Authorities also charged him with organizing solidarity action in 2007 against a retail company that allegedly subjected its workers to precarious and exploitative employment arrangements. The ITUC criticized his arrest, on warrants issued against him and 10 other KCTU and Korean Metal Workers' Union officials, as violating the government's legal obligations to respect freedom of association.
The law prohibits retribution against workers who conduct a legal strike and allows workers to file complaints of unfair labor practices against employers.
By law unions in enterprises determined to be of "essential public interest"--including railways, utilities, public health, the Bank of Korea, and telecommunications--can be ordered to submit to government-ordered arbitration. Strikes are prohibited for both central and local government officials.
b. The Right to Organize and Bargain Collectively
The law provides for the workers' right to collective bargaining and collective action, and workers exercised these rights in practice. The law also empowers workers to file complaints of unfair labor practices against employers who interfere with union organizing or who discriminate against union members. Employers found guilty of unfair practices can be required to reinstate workers fired for union activities. However, forced reinstatement was used infrequently because employers took extra precautions when firing union members. According to the ITUC, employers in some cases levied "obstruction of business" charges against union leaders who were seeking to bargain collectively or engage in regular union activities.
The law permits public servants to organize trade unions and bargain collectively, although it restricts the public service unions from collective bargaining on topics such as policy-making issues and budgetary matters.
The government designated enterprises in the two export processing zones (EPZs) as public interest enterprises. Workers in these enterprises have the rights enjoyed by workers in other sectors, and labor organizations are permitted in the EPZs. However, foreign companies operating in the EPZs are exempt from some labor regulations. For example, foreign-invested enterprises are exempt from provisions that mandate monthly leave, paid holidays, and menstruation leave for women; give preferential treatment to patriots, veterans, and their families; obligate companies with more than 300 persons to recruit persons with disabilities for at least 2 percent of their workforce; encourage companies to reserve 3 percent of their workforce for workers over 55 years of age; and restrict large companies from participating in certain business categories.
c. Prohibition of Forced or Compulsory Labor
The law prohibits forced or compulsory labor, including by children, and there were no reports that such practices occurred.
d. Prohibition of Child Labor and Minimum Age for Employment
The law protects children from exploitation in the workplace and prohibits forced or compulsory labor, and the government effectively enforced these laws through regular inspections. Child labor was not considered a problem.
The labor standards law prohibits the employment of persons under age 15 without a special employment certificate from the MOL. Because education is compulsory through middle school (approximately age 15), few special employment certificates were issued for full-time employment. To obtain employment, children under age 18 must obtain written approval from either parents or guardians. Employers must limit minors' overtime hours and are prohibited from employing minors at night without special permission from the MOL.
e. Acceptable Conditions of Work
The minimum wage is reviewed annually. During the year the minimum wage was 3,770 won (approximately $2.80) per hour. The FKTU and other labor organizations asserted that the existing minimum wage did not meet the basic requirements of urban workers.
Employees of large conglomerates, publicly owned companies, banks, insurance companies with 1,000 or more registered workers, and companies with more than 50 employees work a five-day, 40-hour workweek. Labor laws mandate a 24-hour rest period each week and provide for a flexible hours system, under which employers can require laborers to work up to 48 hours during certain weeks without paying overtime (and 52 with approval from the relevant labor union), so long as average weekly hours for any given two-week period do not exceed 40 hours. If a union agrees to a further loosening of the rules, management may ask employees to work up to 56 regular hours in a given week. Workers may not be required to work more than 12 hours per working day. The labor standards law also provides for a 50 percent higher wage for overtime.
The Korea Occupational Safety and Health Agency (KOSHA) is responsible for implementing industrial accident prevention activities. The government set health and safety standards, but the accident rate was high by international standards. During the year there were 2,422 fatalities related to industrial accidents. According to KOSHA, approximately 60 percent of work-related injuries occurred in workplaces with 50 workers or less. During the year KOSHA provided funds and technical support to improve safety and health facilities at manufacturing workplaces employing fewer than 50 employees, awareness of occupational health problems in the workplace, and safety education for migrant workers. Foreign workers reportedly were more likely to be victims of work-related injuries but were often discouraged from seeking compensation. By law an employer may not dismiss or otherwise disadvantage an employee who interrupts work and takes shelter because of an urgent hazard that could lead to an industrial accident.
Contract and other "nonregular" workers accounted for a substantial portion of the workforce. According to the government, there were approximately 5.4 million nonregular workers, comprising approximately 34 percent of the total workforce. In general nonregular workers performed work similar to regular workers but received approximately 67 percent of the wages of regular workers; 53 percent of nonregular workers were ineligible for national health and unemployment insurance and other benefits, compared with 6 percent of regular workers. In July application of the 2006 Non-Regular Workers Act was expanded to cover businesses with 100 or more employees. The vast majority of contract and other nonregular workers were not foreign workers.
The law on nonregular workers allows companies with more than 300 workers to use temporary worker contracts valid for a maximum of two years. However, labor groups alleged that employers used a loophole in the law to avoid their obligation to hire part-time workers as regular workers after the two-year time limit.
The MOJ reported that the total number of foreigners with legal working status was 494,035 as of year's end. The total number of foreign workers in illegal status was 54,518. The government continued its crackdown on illegal foreign labor.
The government continued to use the Employment Permit System (EPS) to increase protections and controls on foreign workers while easing the labor shortage in the manufacturing, construction, and agricultural sectors. Through the EPS, permit holders may work in certain industries only and have limited job mobility but generally enjoy the same rights and privileges, including the right to organize. Foreign workers were limited in their freedom to change jobs. Before changing jobs the employee's place of work must close down or the worker must have proof of physical abuse at the hand of the employer. Unless MOJ guidelines allow for an extension on humanitarian grounds, workers lose their legal status if they do not find a new employer within two months.
During the year 75,024 foreigners entered Korea under the EPS. They often encountered difficult working conditions. AI and local media reported that foreign laborers often faced physical abuse and exploitation from employers. The NGO Korea Migrant Center received reports of abuse of female entertainment visa holders. The MOJ reported that foreign workers filed 8,074 complaints related to unpaid wages during the year.
Foreign workers employed as language teachers continued to complain that the institutes for which they worked frequently violated employment contracts, but employers reported there were a large number of foreign teachers who did not fully honor their work contracts.
2008 Human Rights Report: Democratic People's Republic of Korea*
Bureau of Democracy, Human Rights, and Labor
2008 Country Reports on Human Rights Practices
February 25, 2009
The Democratic People's Republic of Korea (DPRK or North Korea) is a dictatorship under the absolute rule of Kim Jong-il, general secretary of the Korean Workers' Party (KWP) and chairman of the National Defense Commission (NDC), the "highest office of state." The country has an estimated population of 23.5 million. Kim's father, the late Kim Il-sung, remains "eternal president." Local elections held in July 2007 were not free or fair. There was no civilian control of the security forces, and members of the security forces committed numerous serious human rights abuses.
The government's human rights record remained poor, and the regime continued to commit numerous serious abuses. The regime subjected citizens to rigid controls over many aspects of their lives. Citizens did not have the right to change their government. There continued to be reports of extrajudicial killings, disappearances, arbitrary detention, and political prisoners. Prison conditions were harsh and life threatening, and torture occurred. Pregnant female prisoners underwent forced abortions in some cases, and in other cases babies were killed upon birth in prisons. The judiciary was not independent and did not provide fair trials. Citizens were denied freedom of speech, press, assembly, and association, and the government attempted to control all information. The government restricted freedom of religion, citizens' movement, and worker rights. There continued to be reports of severe punishment of some repatriated refugees. There were widespread reports of trafficking in women and girls among refugees and workers crossing the border into China.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom From:
a. Arbitrary and Unlawful Deprivation of Life
There were numerous reports that the regime committed arbitrary and unlawful killings. Defector and refugee reports indicated that in some instances the regime executed political prisoners, opponents of the regime, repatriated defectors, and others. The law prescribes the death penalty for the most "serious" or "grave" cases of "antistate" or "antination" crimes, including: participation in a coup or plotting to overthrow the state; acts of terrorism for an antistate purpose; treason, which includes defection or handing over state secrets; suppressing the people's movement for national liberation; cutting electric power lines or communication lines; and illegal drug transactions.
In the past border guards reportedly had orders to shoot to kill potential defectors, and prison guards were under orders to shoot to kill those attempting to escape from political prison camps, but it was not possible to determine if this practice continued during the year.
During the year the South Korean nongovernmental research organization North Korean Human Rights Infringement Record Center reported that North Korea carried out 901 public executions in 2007. North Korea also reportedly carried out 56 cases of summary executions with no judicial process.
A South Korean nongovernmental organization (NGO) reported that 15 North Koreans, including 13 women and two men, were shot in front of local residents on February 20 for illegally entering China.
On January 3, Agence France-Presse reported that a South Korean NGO stated North Korean authorities had executed a cooperative farm chief and two colleagues for starting a private farm in December 2007 in Pyongsong City. According to the report, the three were shot 90 times, four others were sentenced to life imprisonment, and the families of those executed were taken to prison camps.
On March 10, railway cargo guards allegedly beat 20 homeless children, killing several. The guards had caught the children stealing from a railway car.
On July 11, security forces shot and killed a South Korean tourist visiting the Mt. Kumgang Tourism Park.
On August 26, a South Korean NGO reported that soldiers beat 20 homeless adults for trying to steal corn from trucks in Hamheung city, South Hamgyoung Province. The report said that one of the individuals was killed, and that the soldiers threw the body into a dumping ground near the station.
On October 8, a South Korean NGO reported that authorities in Hoeryong City, North Hamgyong Province, publicly executed five women accused of trafficking in persons. Family members of the women were not notified until after the execution. According to the report, the families petitioned the government, claiming the women were not granted due process, but the municipal government insisted the executions were carried out legally and did not respond to the petition.
Religious and human rights groups outside the country alleged that some North Koreans who had contact with foreigners across the Chinese border were imprisoned or killed.
There were no new developments in the alleged 2006 death penalty sentence for Son Jong-nam, whose brother reported that Son was still alive as of the spring of 2007.
b. Disappearance
The government was responsible for disappearances. In recent years defectors claimed that state security officers often apprehended individuals suspected of political crimes and sent them, without trial, to political prison camps. There are no restrictions on the ability of the government to detain and imprison persons at will and to hold them incommunicado. The penal code states that a prosecutor's approval is required to detain a suspect; however, the government ignored this law in practice.
On February 8, a group of 22 North Koreans in two small boats floated into South Korean waters. South Korean authorities repatriated the individuals 13 hours later, claiming they had conducted interviews and determined the individuals were not defectors. Later in February, several South Korean news outlets quoted an anonymous source who reported that the 22 individuals were executed upon their return. The whereabouts of the 22 remained unknown at year's end.
There were no developments in the 2006 disappearance of Lee Kwang-soo's family following his defection to South Korea (Republic of Korea or ROK).
Japan continued to seek further information about the cases of 12 Japanese nationals whom the Japanese government designated as having been abducted by DPRK government entities. During the year Japan and the DPRK held discussions on the issue. The DPRK agreed to reopen the investigation into these cases but had not announced any progress or result. Japan also hoped to gain answers regarding other cases of suspected abductions of Japanese nationals.
In the past, credible reports indicated that the government also kidnapped other nationals from locations abroad, including citizens from Romania, Thailand, and possibly elsewhere. However, the government continued to deny its involvement in the kidnappings. The ROK government estimated that approximately 480 of its civilians who were abducted or detained by the DPRK since the end of the Korean War remained in the DPRK. The ROK government estimated 560 South Korean prisoners of war (POWs) and soldiers missing in action were also believed to remain alive in the country.
During the year the media reported South Korean missionary Kim Dong-shik had most likely died within a year of his 2000 disappearance near the China-DPRK border.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The penal code prohibits torture or inhumane treatment; however, many sources continued to confirm their practice. Methods of torture and other abuse reportedly included severe beatings; electric shock; prolonged periods of exposure to the elements; humiliations such as public nakedness; confinement for up to several weeks in small "punishment cells" in which prisoners were unable to stand upright or lie down; being forced to kneel or sit immobilized for long periods; being hung by the wrists; being forced to stand up and sit down to the point of collapse; and forcing mothers recently repatriated from China to watch the infanticide of their newborn infants. Defectors continued to report that many prisoners died from torture, disease, starvation, exposure to the elements, or a combination of these causes.
During the year Shin Dong-hyuk, a defector born and confined in a political prison camp in Kaechon in South Pyongan Province for 22 years, explained that beatings and torture were common within the camp. Shin reported that he was tortured with hot coals while being hung from the ceiling after members of his family tried to escape from the camp.
Officials prohibited live births in prison and ordered forced abortions, particularly in detention centers holding women repatriated from China, according to refugee reports. In some cases of live birth, there were reports that prison guards killed the infant or left it for dead. In addition guards reportedly sexually abused female prisoners.
Reeducation through labor, primarily through sentences at forced labor camps, was a common punishment and consisted of tasks such as logging, mining, or tending crops under harsh conditions. Reeducation involved memorizing speeches by Kim Jong-il.
Prison and Detention Center Conditions
NGO, refugee, and press reports indicated that there were several types of prisons, detention centers, and camps, including forced labor camps and separate camps for political prisoners. Defectors claimed the camps covered areas as large as 200 square miles. The camps appeared to contain mass graves, barracks, worksites, and other prison facilities.
Those sentenced to prison for nonpolitical crimes were typically sent to reeducation prisons where prisoners were subjected to intense forced labor. Those who were considered hostile to the regime or who committed political crimes, such as defection, were sent to political prison camps indefinitely. Many prisoners in political prison camps were not expected to survive. The government continued to deny the existence of political prison camps.
Reports indicated that conditions in the political prison camps were harsh. Systematic and severe human rights abuses occurred throughout the prison and detention system. Detainees and prisoners consistently reported violence and torture. According to refugees, in some places of detention, prisoners received little or no food and were denied medical care. Sanitation was poor, and former labor camp inmates reported they had no changes of clothing during their incarceration and were rarely able to bathe or wash their clothing.
The government did not permit inspection of prisons or detention camps by human rights monitors.
d. Arbitrary Arrest or Detention
The law prohibits arbitrary arrest and detention, but the government did not observe these prohibitions in practice.
Role of the Police and Security Apparatus
The internal security apparatus includes the Ministry of Public Security (MPS) and the State Security Department (SSD). Reports of diversion of food aid to the military and regime officials and of official bribery were indicative of corruption in the security forces. The security forces do not have adequate mechanisms to investigate possible security force abuses.
The army has four branches: Ground Force, Naval Force, Air Force, and Civil Securities Force. The country has an estimated 1.1 million active military personnel, in addition to a reserve force of approximately three million.
During the year one South Korean NGO reported that the role of the police increased significantly. The increased responsibility reportedly caused tension between the police and the military.
Arrest and Detention
Members of the security forces arrested and transported citizens suspected of committing political crimes to prison camps without trial. According to one South Korean NGO, on February 1, the People's Safety Agency was authorized to handle directly criminal cases without approval of prosecutors. Previously, once police officers arrested suspects, the preadjudication department examined facts and evidence of the case and passed the case to prosecutors. It was not until the completion of prosecutors' investigation that the court made an official decision on the case. The change was made reportedly because of corruption among prosecutors.
There were no restrictions on the government's ability to detain and imprison persons at will or to hold them incommunicado. Family members and other concerned persons found it virtually impossible to obtain information on charges against detained persons or the lengths of their sentences. Judicial review of detentions did not exist in law or in practice.
e. Denial of Fair Public Trial
The constitution states that courts are independent and that judicial proceedings are to be carried out in strict accordance with the law; however, an independent judiciary did not exist. The constitution mandates that the central court is accountable to the Supreme People's Assembly, and the criminal code subjects judges to criminal liability for handing down "unjust judgments."
Trial Procedures
The MPS dispensed with trials in political cases and referred prisoners to the SSD for punishment. Little information was available on formal criminal justice procedures and practices, and outside access to the legal system was limited to show trials for traffic violations and other minor offenses.
The constitution contains elaborate procedural protections, providing that cases should be heard in public, except under circumstances stipulated by law. The constitution also states that the accused has the right to a defense, and when trials were held, the government reportedly assigned lawyers. Some reports noted a distinction between those accused of political, as opposed to nonpolitical, crimes and claimed that the government offered trials and lawyers only to the latter. There was no indication that independent, nongovernmental defense lawyers existed.
Political Prisoners and Detainees
While the total number of political prisoners and detainees remained unknown, an estimated 150,000 to 200,000 persons were believed to be held in kwan li so political prison camps. The government considered critics of the regime to be political criminals. Reports from past years described political offenses as including sitting on newspapers bearing Kim Il-sung's or Kim Jong-il's picture, mentioning Kim Il-sung's limited formal education, or defacing photographs of the Kims.
Civil Judicial Procedures and Remedies
According to article 69 of the constitution, "[c]itizens are entitled to submit complaints and petitions. The state shall fairly investigate and deal with complaints and petitions as fixed by law." Under the Law on Complaint and Petition, citizens are entitled to submit complaints to stop encroachment upon their rights and interests or seek compensation for the encroached rights and interests. This right was not respected in practice.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
The constitution provides for the inviolability of person and residence and the privacy of correspondence; however, the government did not respect these provisions in practice. The regime subjected its citizens to rigid controls. The government relied upon a massive, multilevel system of informants to identify critics and potential troublemakers. Entire communities sometimes were subjected to security checks. Possessing "antistate" material and listening to foreign broadcasts were crimes that could subject the transgressor to harsh punishments, including up to five years of labor reeducation.
The government monitored correspondence and telephone conversations. Private telephone lines operated on a system that precluded making or receiving international calls; international phone lines were available only under restricted circumstances. Foreign diplomats in Pyongyang stated that the local network was subdivided so phone use remained a privilege. Although a government-controlled cellular phone network existed, cell phone use has been banned for the general population since 2004. During the year defectors reported contacting their relatives in the country via this network.
The government divided citizens into loyalty-based classes, which determined access to employment, higher education, place of residence, medical facilities, and certain stores.
Collective punishment was practiced. Entire families, including children, have been imprisoned when one member of the family was accused of a crime. A 2006 decree on cutting electric power or communication lines and conducting illegal drug transactions states that a violator's family shall be "expelled."
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The constitution provides for freedom of speech and of the press; however, the government prohibited the exercise of these rights in practice.
The constitution provides for the right to petition. However, the government did not respect this right. For example, when anonymous petitions or complaints about state administration were submitted, the SSD and MPS sought to identify the authors, who could be subjected to investigation and punishment.
A South Korean NGO reported in March a professor at Gimchaek University of Technology was sentenced to five years in a reeducation center, and her party membership and professorship were revoked for speaking in the South Korean dialect during her class.
The government sought to control virtually all information. There were no independent media. The government carefully managed visits by foreigners, especially foreign journalists.
During visits by foreign leaders, groups of foreign journalists were permitted to accompany official delegations and to file reports. In all cases journalists were monitored strictly. They generally were not allowed to talk to officials or to persons on the street, and cellular or satellite phones were held at the airport for the duration of a visitor's stay.
Domestic media censorship continued to be enforced strictly, and no deviation from the official government line was tolerated. The government prohibited listening to foreign media broadcasts except by the political elite, and violators were subject to severe punishment. Radios and television sets, unless altered, received only domestic programming; radios obtained from abroad had to be altered to operate in a similar manner. Elites and facilities for foreigners, such as hotels, could be granted permission to receive international television broadcasts via satellite. The government continued to attempt to jam all foreign radio broadcasts. During the year the government condemned the activities of a defector-run broadcasting station in South Korea.
Internet Freedom
Internet access for citizens was limited to high-ranking officials and other designated elites, including select university students. This access was granted via internat |
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※ 코리아연구원은 기획재정부에서 공익성기부금대상단체(2006-176호)로 선정되었으므로
연말정산 때 소득공제를 받으실 수 있습니다. |
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::: 코리아연구원 (KNSI : 새로운 코리아구상을 위한 연구원) :::
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