South Korea: Demand release of trade union leader: Kim Jungwoo
Trade union leader, Kim Jungwoo, is at risk of receiving a further prison sentence at an appeal hearing on 4 April. He has been detained since June 2013 after taking part in protests in support of dismissed workers and their families. He is due to be released, but there are fears he will be given a heavier sentence by Seoul High Court as part of a continued crackdown on trade unionists in South Korea.
UA: 56/14Index: ASA 25/002/2014 South Korea Date: 14 March 2014
URGENT ACTION
DEMAND RELEASE OF TRADE UNION LEADER
Trade union leader, Kim Jungwoo, is at risk of receiving a further prison sentence at an
appeal hearing on 4 April. He has been detained since June 2013 after taking part in
protests in support of dismissed workers and their families. He is due to be released, but
there are fears he will be given a heavier sentence by Seoul High Court as part of a
continued crackdown on trade unionists in South Korea.
Kim Jungwoo, former leader of the Ssangyong Motor branch of the Korean Metal Workers’ Union, was arrested
on 10 June 2013 when he tried to prevent municipal government officials dismantling sit-in tents and a memorial
altar in Seoul, the capital. The protest was calling for the reinstatement of the workers dismissed by Ssangyoung
Motor in June 2009, and in memory of the 24 workers and family members who either killed themselves or died of
stress-related disorders during the campaign.
All the necessary police notifications for the protest had been submitted, and the site was allowed to be used for
demonstrations. Despite this, the police sent a notification banning the demonstration on May 30 2013.The trade
union filed an injunction against the ban, and this appeal was on-going when the government officials dismantled
the site in June 2013.
Kim Jungwoo was sentenced to 10 months in prison for ‘special interference with a government official in the
execution of his duties’. He will have completed the sentence in April, but could be given a heavier sentence at the
High Court after an appeal by the prosecution.
Trade unions are facing increasing restrictions in South Korea. Several other trade union leaders have been
imprisoned or are out on bail as a result of their legitimate activities. There have also been attempts by the
authorities to deregister some of the major unions, and huge lawsuits have been filed against them.
Please write immediately in Korean, English or your own language:
Demanding that the authorities immediately and unconditionally release Kim Jungwoo, as he has been
detained solely for exercising his right to freedom of expression and association;
Calling on them to recognize the right of trade unionists to carry out their work without harassment or arrest,
in accordance with their rights under international human rights law and labour standards.
PLEASE SEND APPEALS BEFORE 4 APRIL 2014 TO:
President
Park Geunhye
Cheongwadae-ro,
Jongno-gu,
Seoul 110-820,
Republic of Korea
Facebook:
http://facebook.com/ghpark.korea
Twitter: @bluehousekorea
Salutation: Dear President
Ministry of Justice
Hwang Kyo-ahn
Building #1, Government Complex-
Gwacheon,
47, Gwanmun-ro, Gwacheon-si,
Gyeonggi-do 427-720,
Republic of Korea
Facebook:
https://www.facebook.com/mojkorea
Twitter: @happymoj
Salutation: Dear Minister,
Sample Twitter message:
Free Kim Jungwoo! Respect Trade
Unions in South Korea
@bluehousekorea
Free Kim Jungwoo! Respect Trade
Unions in South Korea @happymoj
Sample Facebook message:
Release Kim Jungwoo, and respect
Trade Unions in South Korea!
Also send copies to diplomatic representatives accredited to your country. Please insert local diplomatic addresses below:
Name Address 1 Address 2 Address 3 Fax Fax number Email Email address Salutation Salutation
Please check with your section office if sending appeals after the above date.
URGENT ACTION
DEMAND RELEASE OF TRADE UNION LEADER
ADDITIONAL INFORMATION
In April 2009, Ssangyong Motor notified the trade union of plans to restructure the company that would result in cuts of 2,646 of
its 7,135 staff positions. The reason given was its deteriorating economic performance, but there have been doubts about the
legitimacy of the dismissals.
The union responded by occupying a plant in Pyeongtaek as part of a long-term strike, which was eventually broken by armed
police. In June 2009, 1,666 of the 2,646 workers left the company through voluntary resignation and 976 were made redundant.
In November 2010, 153 of the dismissed workers filed suit against the company, claiming that the reasons for the layoffs were
invalid. The original verdict sided with Ssangyong, finding that the dismissals had been necessary. But on 7 February 2014,
Seoul High Court overturned the original verdict and ruled that the layoffs were invalid.
Excessive use of force by security forces against strikers resulted in trauma and serious injury, and many striking workers were
blacklisted, making it difficult for them to find other employment. See the statement issued by Amnesty International for further
information: http://www.amnesty.org/en/library/info/ASA25/007/2009/en.
One of the most significant problems regarding the oppression of labour rights advocates in South Korea is the lawsuits for
damage claims filed against them and the seizure of union officials’ assets. As of May 2013, the total amount of damages
claimed against the trade unions affiliated with The Korean Confederation of Trade Unions (KCTU) stood at approximately USD
122 million. In November 2013, Suwon District Court ruled that Ssangyoung workers must pay approximately USD 1.28million in
compensation to the police and USD 3.1 million to the company for damages incurred while they were on strike.
Amnesty International has previously noted that the South Korean authorities use vaguely worded clauses such as Article 314
of the Criminal Act (interference with business clause) and other laws – such as the Law on Assembly and Demonstration – to
arrest trade union leaders exercising their rights. This is despite the repeated recommendation by the International Labour
Organization (ILO) to the South Korean government to refrain from using the interference with business clause to impose
criminal punishment on trade union activists.
The right of association is recognized in Article 22 of the International Covenant on Civil and Political Rights (ICCPR) and Article
8 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), both treaties to which South Korea is a state
party. Amnesty International has previously raised concern that South Korea has not yet withdrawn its reservation to Article 22
as recommended by the UN Human Rights Committee, and noted the Committee’s view as expressed in General Comment No
24 that reservations must be specific and transparent, which does not appear to be the case for South Korea’s reservations to
the ICCPR.
During her presidential election campaign, President Park pledged a ‘Parliamentary inspection’ of the mass layoffs at
Ssangyong Motors, but since her inauguration in February 2013, this has not taken place.
Name: Kim Jungwoo
Gender m/f: Male
UA: 56/14 Index: ASA 25/002/2014 Issue Date: 14 March 2014