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ESCR / Urgent Interventions / Korea, (South) Republic of / 2001 / October

Korea, (South) Republic of: 'South Korea: continuing imprisonment of Korean Confederation of Trade Unions (KCTU) President, Mr. Dan Byuong-ho

ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONCERN
Case KOR 251001.ESCRC

The International Secretariat of OMCT requests your URGENT intervention in the following situation in South Korea.

Brief description of the situation

The International Secretariat of OMCT has been informed by a reliable source of the continuing imprisonment of Korean Confederation of Trade Unions (KCTU) President, Mr. Dan Byuong-ho, by the South Korean Government, despite promises that he would be released. Following the Asian economic crisis, the International Monetary Fund’s subsequent prescriptions for crisis management and the Government’s general structural adjustment programme, the KCTU has been at the centre of trade unions' and workers' responses to problems of reduced employment and wages.

According to the information received, the South Korean Government issued an arrest warrant for Mr. Dan Byuong-ho in June 2001, for leading the KCTU campaign for workers rights in 2001. Mr. Dan Byuong-ho had already previously been imprisoned for his role in the KCTU, but was released in August 1999 as a part of the general presidential amnesty. At that time, he still had two months and four days left of his sentence. In the light of the escalation of arrests and imprisonment of trade union members and leaders carried out by the government, an agreement was reached between the KTCU and the government on August 2nd, 2001, with the assistance of a Catholic mediator. Under the terms of this agreement, Mr. Dan Byuong-ho would return to prison to serve the remaining time of his suspended sentence, in return for the government ending the wave of arrests and forgoing bringing new charges against Mr. Dan Byuong-ho for his alleged crimes in leading the KCTU's campaign in 2001.

According to the information received, on September 28th, only a few days before his expected release on October 3rd, the government issued a new arrest warrant, enabling them to further hold him in detention for investigation and trial. Since then, Mr. Dan Byuong-ho has remained in prison. Government officials are now denying that an agreement between the KCTU, the government or the Catholic mediator ever existed. They also claim they are unable to do anything about the independent decision and actions of the prosecutors.

According to the information received, in the three years and ten months of President Kim Dae Jung's time in office, 650 workers and trade union activists and leaders have been arrested and imprisoned. In 2001 alone, the number of imprisoned unionists has so far reached 205.

The International Secretariat of OMCT is gravely concerned about Mr. Dan Byuong-ho’s continuing detention, along with the large number of trade union leaders and activists that have been arbitrarily arrested and detained under President Kim Dae Jung’s Government.



Action requested

Please write to the South Korean authorities urging them to:

i. immediately release Mr. Dan Byuong-ho and all trade union leaders, members and activists in the absence of valid legal charges or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;

ii. guarantee adequate reparation to Mr. Dan Byuong-ho and other victims of the Government’s policy of repression of the trade union movement;

iii. put an immediate end to the persecution and harassment of workers and the trade union movement;

iv. guarantee respect for the economic, social and cultural rights and notably the right of everyone to join and form trade unions as well as the right to strike as guaranteed by article 8 of the International Covenant on Economic, Social and Cultural Rights;

v. guarantee the respect of human rights and the fundamental freedoms in accordance with national laws and international human rights standards such as the International Covenant on Economic, Social and Cultural Rights and ILO Conventions No. 87 and 98.

Addresses

· President Kim Dae-jung, The Blue House, 1 Sejong-no, Chongno-gu, Seoul, Republic of Korea, Fax : (+82 2) 770 0253
· Chief Lee Moo-young, The National Police Agency, 209 Miguen-dong, Seodaemoon-gu, Seoul, Republic of Korea, Fax : (+82 2) 313 0686

Geneva, October 25, 2001

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

Properties

Date: October 25, 2001
Activity: Economic, Social and Cultural Rights
Type: Urgent Interventions
Country: Korea, (South) Republic of
Subjects: Economic policies, Employment and working conditions, Human Rights Defenders, Justice system, Threats, intimidation and harassment

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