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- 514. The Korea Trade Union Congress (KTUC), jointly with 11 other national trade union organizations, presented allegations of violations of trade union rights against the Government of Korea in a communication dated 3 March 1992. In three communications dated 18 and 23 March and 1 June 1992 respectively, the International Federation of Commercial, Clerical, Professional and Technical Employees (FIET), the Public Services International (PSI) and the International Metalworkers' Federation (IMF) associated themselves with this complaint. In communications dated 26 March and 13 and 24 April 1992, the International Federation of Building and Woodworkers (IFBWW), the World Confederation of Organisations of the Teaching Profession (WCOTP), together with the International Federation of Free Teachers' Unions (IFFTU) and the Korean Teachers' and Educational Workers' Unions (CHUNKYOJO), submitted allegations concerning this case. On 19 May 1992 the International Federation of Journalists (IFJ) presented allegations concerning its affiliate, the Korean Federation of Press Unions.
- 515. The Government sent its observations on the case in a letter dated 27 October 1992.
- 516. Korea has not ratified the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), or the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).
A. The complainants' allegations
A. The complainants' allegations
- 517. To its communication of 3 March 1992, the KTUC attaches 383 pages of supporting documents and a 1991 copy of the "Labour Laws of Korea" prepared by the Ministry of Labour. It alleges that the Korean labour legislation contains provisions which are contrary to the principles of freedom of association and that the Government has arrested 185 unionists who remain in jail and has dismissed 1,500 schoolteachers.
- 518. The complainant encloses extracts from the Trade Union Law and complains particularly about: section 3(5) which excludes from the definition of union any organization having the same membership as an already existing trade union; section 8(1) under which a certificate noting establishment shall not be issued to unions failing to satisfy section 3; section 8 which excludes public officials from the right to form and join unions. It also refers to the following legislative provisions: section 66 of the National Public Officials Act which bans such employees from acting collectively; section 58 of the Local Government Employees Act which bans collective action by teachers in private schools; section 53(4) of the Public Education Servants Act which extends that same ban to public education servants; sections 55(1) of the Private School Act, which extends the same duties of teachers in national and public schools to teachers in private schools, and 58 of that Act which permits dismissal of private-school teachers for participation in political or labour movements.
- 519. The complainant explains that the Trade Union Law institutes a monopoly union system at the level of the enterprise, the industry and at the national centre level in contravention of Article 2 of Convention No. 87. It claims that the legislation forbids enterprise-level unions from legally joining a federation other than one of the existing federations affiliated to the Federation of Korean Trade Unions (FKTU), which in turn is the only official national centre. The KTUC itself has been declared illegal under section 3(5) of the Trade Union Law since it was formed on 21 January 1990, and the Government has suppressed its activities by arresting its leaders and harassing its member unions. Section 3(5) has also been applied to ban the registration of two other independent federations (the Korean Federation of Hospital Workers' Trade Unions and the Korean Federation of Professional and Technicians' Unions) on the grounds that their membership was the same as an already-registered union (the Federation of United Workers' Unions, affiliated to the FKTU). The same has occurred for the Korean Federation of Construction Trade Unions.
- 520. On the ban on the right to organize of public employees and public- and private-school teachers, the complainant points out that even the Constitution of 29 October 1987 (in article 33) excludes public employees from the right to organize, bargain and act collectively and also excludes persons engaged in defence industries from the right to act collectively. It adds that in April 1989 Parliament legislated to allow government employees of Grade 6 and below - except for soldiers, prison and police officers and firefighters - the right to organize and bargain collectively, but President Roh Tae-woo vetoed the Bill. According to the complainant, 1.5 million public servants are thus denied the right to form a trade union. Teachers suffer the same ban and a violation can be punished by a prison term of not longer than one year or a fine of not more than 1 million won. Since May 1989 public and private teachers have been dismissed under these provisions for having formed and joined the Korean Teachers' and Educational Workers' Union.
- 521. The KTUC lists various examples of government repression designed to destroy it. For example, the President of the Republic presided over a meeting of competent ministers on the eve of the formation of the KTUC to adopt measures to crush the new federation. That January 1990 meeting had before it a briefing (an original text in Korean supplied) stating that the KTUC is an illegal organization outlawed by the Trade Union Law and should be annihilated by measures such as: investigation of its member unions' affairs; inquiry into and punishment of cases of third-party intervention (assistance to members in bargaining and disputes); the taking of legal action against it for fund-raising and dues collection; the ordering of affiliates to withdraw from the KTUC and punishment of non-compliance; and the control of dissemination of publications and unauthorized demonstrations. As a result of these documented instructions, states the complainant, 177 unionists and union leaders have been imprisoned on a variety of charges, including violence, forgery of documents, interference with business, interference with public officials' conduct, and infringements of the following legislation: the Law on Assembly and Demonstration, the National Security Law, and the Labour Disputes Adjustment Law. It encloses a detailed list (in English) of the names, dates, unions and charges involved and points out that the total number of unionists arrested by this Government for the period 1988-91 is 1,634. The instructions have also resulted in the use of police to block strikes, rallies and demonstrations, for example the breakup of the KTUC inauguration convention on 22 January 1990 at a Seonggeunkwan University campus. Court actions requesting the continuation of the check-off of KTUC dues all failed.
- 522. The complainant describes the events leading up to the death in jail on 6 May 1991 of Park Chang-soo, President of Han-jin Heavy Industries Trade Union and Vice-President of the KTUC. He had been arrested in February 1991 on a charge of violating the prohibition on third party intervention contained in the Labour Dispute Adjustment Law for merely having declared support for the Daewoo Shipyard Union's strike; when in jail he was pressured by both threats and promises of rewards to leave the KTUC. Although found at the foot of the hospital, whence he had been evacuated for treatment for an unexplained serious head injury, and although his body showed no signs of external wounds commensurate with a jump from the hospital's sixth floor as claimed by the guards, the public prosecutor determined death by suicide. The complainant claims there is witness testimony implying murder, and the family had managed to obtain the agreement of the district prosecutor to conduct a joint autopsy. But the prosecutor broke that agreement and used about 1,000 riot police to break into the mortuary and forcibly remove the body.
- 523. In addition, the complainant specifically alleges suppression of teachers' right to organize. It supplies a list (in Korean and some in English) of nearly 1,500 teachers dismissed from the national-level or municipal schools in the months of July, August and September 1989, as well as a list of 46 public-school teachers detained under the Government Employees Act between May and September 1989 and in April 1990. Private-sector teachers were also dismissed for joining the Korean Teachers' and Educational Workers' Union (CHUNKYOJO). The Government has continuously tried to suppress the CHUNKYOJO: the police banned its annual congress; the head office and regional and branch premises are searched by the police; and currently employed teachers are referred to disciplinary boards and/or dismissed if it is discovered that they belong to the CHUNKYOJO.
- 524. In a communication dated 26 March 1992, the International Federation of Building and Woodworkers (IFBWW), on behalf of its affiliate the Korean Federation of Construction Trade Unions (KFCTU), complains that its affiliate is considered an illegal organization although formed in 1989 and having coverage of over 18,000 construction workers. It specifically refers to section 3(5) of the Trade Union Law and Presidential Decree, section 8, as well as the ban on third party assistance contained in section 13(2) of the Labour Disputes Adjustment Law. According to this complainant, employers such as Hyundai Construction and Engineering Company exploit these legislative restrictions on the KFCTU: for example, the employer intimidated workers in an effort to make them withdraw from the union; it banned visits to union offices and used violence against union visits to construction sites; it engaged in unfair dismissals and refused to reinstate union members; it refused to engage in collective bargaining because certain dismissed union leaders were included in the bargaining team; after exclusion of the employees in question from the team, 11 negotiating sessions took place, following which management refused to reopen bargaining and unilaterally decided the level of the July 1991 salary. On 23 February 1991 the Ministry of Labour itself ruled that the executive President of the company was using unfair labour practices against the union.
- 525. In a communication dated 13 April 1992, the World Confederation of Organisations of the Teaching Profession together with the International Federation of Free Teachers' Unions, on behalf of the Korean Teachers' and Educational Workers' Unions (CHUNKYOJO), alleged that since the latter's formation in May 1989, 1,496 teachers have been dismissed from national, municipal and private schools in the country because of their membership of that union, which the Government refuses to recognize. According to the complainants, 149 teachers have been imprisoned, 46 charged under the Government Employees Act and the remainder under other laws. They specifically list the arrest, on 26 April 1991 after a student was beaten to death by riot police, of five CHUNKYOJO members: Dongchin Lee, Inkweon Chang, Suho Lee, Sangdok Yu and Puyoung Lee. The former two have been released because their sentences were suspended and the latter three are still detained in Ahnyang south of Seoul on charges under the Law on Assemblies and Demonstrations, with Mr. Yu also charged under the National Security Law.
- 526. The complainants also state that on 1 March 1992 a rally for the reinstatement of the 1,496 teachers was held in Seoul with the participation of 1,000 dismissed teachers. The following day about 700 of them gathered outside the building of the ruling Democratic Liberal Party seeking a meeting about the reinstatement question. The situation became very tense and about 400 were arrested as they left the building, with 50 suffering blows (two with serious injuries, Huyju Cho and Youngsun Han, have since lodged formal charges against the police), and three (Chunil Bae, Sangcheol Kim and Jongchin Lee) being sent to hospital where it took them two to three weeks to recover. These three CHUNKYOJO members have lodged formal complaints against the chiefs of police about the violence they suffered. All detainees were released on the evening of 3 March, except for six who were released on 4 March. Two were actually charged: Chunil Bae and Sangsuk Lee, both officials of CHUNKYOJO. These complainants urge the reinstatement of the teachers who were dismissed because of their union membership and the establishment of normal labour relations with the CHUNKYOJO teachers' union.
- 527. In a communication dated 19 May 1992, the International Federation of Journalists lodges a complaint concerning the Government's refusal to recognize its affiliate, the Korean Federation of Press Unions. Since December 1989 some 47 leaders of the affiliate have been dismissed, and the complainant considers that sections 3 and 12 of the Trade Union Law prohibit the free organization and operation of labour unions.
B. The Government's reply
B. The Government's reply
- 528. In a communication dated 27 October 1992, the Government states that the Constitution of the Republic of Korea guarantees a worker's right to freedom of association, collective bargaining and collective action. In addition, the Trade Union Act guarantees workers the right freely to organize and join trade unions, and both the Trade Union Act and the Labour Dispute Adjustment Act recognize that trade unions and workers have the right of exemption from civil and criminal liability for any justifiable labour activity. Founding plural trade unions is prohibited by section 3(5) of the Trade Union Act so as to protect existing trade unions which do not have a solid base in Korea, where two-thirds of the trade unions are no more than two to three years old.
- 529. In the case of public officials, it is prescribed in the Constitution that the rights to association, collective bargaining and collective action are allowed only to those who are entitled thereto by law. Public officials are denied the right to association because under the Constitution they have special responsibility for the whole people as the last protection of the people's right to life. Teachers are also denied the right to association under the Trade Union Act, because they are regarded as public officials.
- 530. The arrest of certain executive members of trade unions was a result of legal prosecutions for violation of the criminal laws, such as violent demonstrations and use of fire bombs. Most of these people were prosecuted for violating general criminal laws, and not labour laws.
- 531. The Government states that certain labour organizations, including the Korea Trade Union Congress, are leading labour actions to cause the breakup of the Democratic Liberty Party. The KTUC has denounced the alleged suppression of the labour movement, called for the release of persons under restraint and conducted other acts completely unrelated to working conditions. The prosecuted labour leaders have a strong tendency to use labour disputes for political purposes. For this reason, they are finding it increasingly difficult to secure the cooperation of workers. Those who have already joined trade unions are continually leaving. Thus, the influence of labour leaders has greatly declined.
- 532. According to the Government, following the trend of democratization throughout the country which began in late 1987, labour-related laws received important amendments to guarantee self-regulating labour movements. Provisions restricting the establishments of trade unions were deleted. Some defective provisions still remain, and have caused problems. The need for further amendment has been raised by labour, management and in academic circles. In order to overcome these problems, and with a view to reviewing the Labour Standards Act, Trade Union Act, Labour Dispute Adjustment Act, Labour Relations Commission Act and Labour-Management Council Act, "the Committee on Labour Laws" composed of labour, management and the public was inaugurated on 24 April 1992 to perform a systematic and intensive examination of all problems arising from labour-related laws. The Government plans to pass an amendment based on the legislative proposals of this committee.
- 533. More specifically, regarding the allegation of the prohibition of plural trade unions by section 3(5) of the Trade Union Act, the Government states that in Korea, where trade unions have a weak base and a relatively short history, the establishment of plural trade unions pitted against each other in one workplace prevents these unions from executing their primary function of improving workers' working conditions due to a loss of influence and rising conflicts among themselves. The law was designed to prevent this risk and to protect existing trade unions so that they may devote all their energy to their primary function. Most trade unions, including the Federation of Korean Trade Unions, do not welcome a plural trade union system because it could cause a split within trade unions and undermine the workers' position in Korea's current labour situation. In addition, the spirit of the law is to prevent the establishment of second trade unions which could be manipulated by the company and Government. If different occupations exist within one company or there is no overlapping target audience, the establishment of a new trade union can be authorized, for example the Dongyang Confectionery Sales Trade Union and Dongyang Confectionery Trade Union were both authorized.
- 534. Since joining the ILO, the Government has enhanced the democratic and independent nature of trade unions and established "the Committee on Labour Laws" to formulate measures to reform the current unnecessary rules which appeared during the early application of the Trade Union Act. That committee is examining ways to compensate for such concerns, such as bringing under control the rash activities of the many newly established trade unions and the establishment of appropriate negotiating units to facilitate the workers' legitimate right to representation.
- 535. Regarding the alleged blocking of the KTUC's inaugural meeting, the Government states that since early 1989 the KTUC has led general strikes and plotted ultimately to overthrow the national structure. Because the KTUC was an illegal organization, the Government tried to persuade it to cancel its inaugural meeting. The authorities at Seoul National University, where the meeting was once scheduled to be held, denied permission for the KTUC's meeting in order to preserve the campus. It was at the request of the university that the police blocked the group from entering the campus. The KTUC then changed the venue to Sungkyunkwan University without obtaining prior permission, either from the Government or from the university authorities, and without giving advance warning to the university. About 400 persons entered the campus and occupied the Student Centre to hold the meeting. This caused conflict with the university and gave rise to great campus unrest. At the request of the university, the police arrived and warned the participants to disperse. As their warning was ignored, the police inevitably could do nothing but force them to disperse. The Government adds that it could not have approved the KTUC for the following reasons: (a) radical labour groups like the KTUC are not organizations that pursue activities within the national structure but rather they reject even the basic order necessary in a liberal democracy; (b) radical labour circles define government power as a system of violence, and the company-saving efforts of owners and managers as auxiliary violence. This is how they justify inciting labour violence, even insisting that because the ruling classes and capitalists never concede anything, labour violence is inevitable in the development of history; (c) because workers are regarded not as the centre of the pure labour movement but as one part of the main revolutionary force, there is a connection with other revolutionary groups drawn from students, farmers, teachers and the urban poor. The majority of the leaders in the KTUC were picked, educated and trained by college students and radical influences; and the KTUC is illegal under the Trade Union Act.
- 536. The Government gives a summary of illegal acts before the formation of the KTUC:
- - the National Convention of Regional and Industrial Trade Unions, the predecessor to the KTUC, formed in early 1989, demanded a 37.3 per cent wage increase for the 1989 fiscal year, announced a schedule of joint struggles and declared it was ready to stage a general strike on May Day;
- - denouncing the Government's suppression of Tongil Inc., the National Convention launched joint strikes on 1 and 2 November 1989 in which 15 company unions participated. Later, on 6 November, 13 companies of the Pusan Regional Federation launched a joint street demonstration;
- - during the first week of November there were labour disputes all over the country; a rally denouncing the blockage of the meeting at Boramae Park on 13 November was held at each company; an extraordinary meeting was held on 17 November; an extraordinary meeting from 12 to 18 November, with parallel strikes, was held; and collective bargaining campaigns targeted specific points (entrance to workplaces by the KTUC, a union shop system, the granting of 100 hours per month for trade union activity, assignment of one person with responsibility for trade union matters for every 80 workers, a gradual system for retirement benefits).
- 537. The Government also describes various illegal acts after the creation of the KTUC: a nationwide joint struggle; a response to prior suppression by the Government and capitalists; joint struggles in each industry; consolidation of a front in the wage struggle through the trade unions of large corporations; a schedule of 1990 wage-related actions was delivered to affiliated unions; strikes in March and May; a directive to reject the Government's investigation into trade union activities was given to affiliated unions.
- 538. According to the Government, recently the KTUC has begun to exercise restraint so the Government has not been regulating or blocking its meetings unless they threaten public order (e.g. Labour Day Festival on 1 May 1992).
- 539. Regarding the allegation that government investigations into the operation of trade unions led to the secession from the KTUC of already established trade unions, the Government states that, according to section 30 of the Trade Union Act, an administrative authority may, if necessary, call on a trade union to submit account books and other related documents for examination. The purpose of this is to guarantee the democratic operations of trade unions by protecting their members' interests and fostering the sound activities of trade unions. The administrative authority investigates only those trade unions which have serious accounting problems, have intra-union trouble, have been found guilty in relation to a complaint or indictment or have donated resources to illegal organizations. It examines whether they use union dues appropriately, whether the resolutions of the trade union are in keeping with related national law, whether they join superior legal organizations, whether members participate in union operations and decision-making, and whether their collective agreements are appropriate. According to the Government, of the 316 trade unions which were investigated in 1991, only 19 trade unions were members of the KTUC. Thus, the allegation that the administrative authority's investigation concentrated on KTUC-affiliated trade unions is not persuasive. The investigations of the KTUC unions were legitimate because a trade union's payment of membership fees to the KTUC - which is an illegal organization - poses questions as to whether union dues are appropriately used. Because the KTUC is not regarded as a trade union under the Trade Union Act, some unions which had joined it were not protected by labour-related laws. Consequently, they left it so as not to be further disadvantaged, and joined legal trade union associations. These secessions were in no way related to government pressure.
- 540. Regarding permission for the creation of the Korean Federation of Hospital Workers' Trade Unions (KFHU) and the Korean Federation of Professional and Technicians' Unions (KFPTU), the Government states that the refusal was by virtue of section 3(5) of the Trade Union Act because their target memberships overlapped with that of the Korean National Workers' Federation (KNUWF), an industrial trade union already in existence and recognized under section 3(5) of the Act.
- 541. Regarding the KTUC, the Government states that the figures on the KTUC's subordinate trade unions are greatly exaggerated. Although the KTUC claims to represent 349 trade unions with a membership of 149,262, the Government's investigation indicates 180 trade unions and 56,967 people are represented; it has been found that the KTUC includes in its figures trade unions that seceded from it and those that directly or indirectly accept its philosophy. For example, the FKTU, Hong-myung Industry Inc. in the Kumi area actually seceded from the KTUC. The KTUC even claims to represent unions that have ceased to operate, such as the trade unions in Ulsan District Council (two trade unions), Kyeongbuk District Council (seven trade unions) and Taejon District Council (three trade unions).
- 542. In reply to the prohibition of public officials' trade unions, the Government acknowledges that article 33(2) of the Constitution provides: "Only those public officials who have been designated by law shall have the right to association, collective bargaining and collective action"; that section 66 of the National Public Officials Act provides: "public officials, other than those in manual labour, shall not engage in organized labour activities, including labour movements"; and that section 28 of the Public Service Regulations states: "public officials engaged in manual labour" are the technical and manual workers at the Ministry of Communications, the Office of Railroads and the National Medical Center. They numbered 50,456 as of 31 December 1991. However, the Government justifies these restrictions on the basis of Korea's historical Confucian tradition which demands that public officials serve as caretakers of the people. Because this is deeply imbedded in the minds of the Korean people, states the Government, an assertion of rights by public officials would not be consistent with the Korean mentality. The work performed by public officials is different from that in the private sector. It is national or public in nature, and requires fairness, diligence and impartiality. As a result, the Constitution denies the rights of association, collective bargaining and collective action to public officials so as to guarantee the people's right to more effective public service. In its decision of 28 April 1992, the Constitutional Court held that the denial of these rights to public officials, with the exception of those engaged in manual labour, does not violate the Constitution. Moreover, since the division of the country at the end of the Second World War, the peninsula remains a volatile region and public officials must continue to serve as pillars of stability for the society. In addition, on 26 July 1988, 4,000 locomotive engineers of the Office of Railroads went on strike without following the legally required procedures for a strike. All passenger and commercial trains and subways stopped running, thereby obstructing the transportation of goods and supplies, paralysing the related industries and creating unnecessary inconvenience to the public. In the private sector, the total damage resulting from illegal strikes and the destruction of the private sector for the three-year period from 1989-91 amounted to US$9.2 billion in production output and US$1.9 billion in export losses.
- 543. The Government adds that traditional Asian culture does not view the employer-employee relationship as adversarial, but one of family connected by mutual consideration and respect. In the Korean public sector, the general approach to resolving labour-related problems is to hold internal conferences and meetings in which lower-ranked officials are given the opportunity to express their opinions and criticisms to their supervisors. Section 76(2) of the National Public Officials Act provides for a grievance resolution system through which any public official can seek review of any work-related matters, such as personnel, organization, working conditions, and other matters by the Grievance Resolution Committee. The decisions of the Grievance Resolution Committee are final, and the respective administrative directors must comply with such decisions, unless reasons exist for non-compliance. Nevertheless, the Government points out that changes in national perspectives resulting from industrial development, stabilization of labour-management relations in the private sector and establishment of security and peace in the Korean peninsula will help bring about a positive environment for corresponding changes in the way the public views the basic working rights of public officials.
- 544. In reply to the prohibition of the teachers' trade union (CHUNKYOJO), the Government states that the Constitution does recognize that government officials have certain labour rights within the scope specified by law, for example, under article 33(2) which stipulates that "Only those public officials who have been designated by law shall have the right to association, collective bargaining and collective action". However, teachers in national and public schools who have the status of public officials under section 2 of the National Public Officials Act are prohibited by law from engaging in a labour movement because they are not engaged in manual labour. Section 84 of the National Public Officials Act stipulates that "those public officials who are engaged in a labour movement in contravention of this law are liable to a minimum of one year imprisonment or a 1 million won fine". Section 55(1) of the Private School Act stipulates the application mutatis mutandis of the Regulations governing National and Public-School Teachers to private-school teachers. They are, therefore, prohibited from engaging in a labour movement. Section 58(1) of the Private School Act stipulates that private-school teachers who are engaged in a labour movement shall be dismissed from their position. The spirit behind these laws is, according to the Government, that education in public and private schools is a public service that should be put under national supervision and control and there can be no difference between the public- and private-school teachers with regard to their status, qualifications, privileges and roles.
- 545. According to the Government, the teachers' union is an illegal body which denies the Government of the Republic of Korea by advocating "Ch'amgyoyuk" - meaning "true education" - instead of trying to improve the working conditions of workers. Ch'amgyoyuk is an attempt to undermine the status quo in order to establish a communist society without social classes. The teachers' union instigates revolutionary class struggle under the pretext of solving educational problems. The Government cites various CHUNKYOJO training manuals in support of this assertion, in particular one in which CHUNKYOJO advocates that its mission is "a political struggle by the working classes for resolving structural contradictions of society; an economic struggle for the improvement of working and living conditions of workers; and an ideological struggle, based on the working class viewpoint, to frustrate the opposing class viewpoint in the formulation of concrete struggle tactics". The Government adds that CHUNKYOJO denies any government role in determining the contents of education yet demands that the Ministry of Education negotiate on wide-ranging education policy matters such as the education system, the editing of textbooks and personnel management, although these are not subjects for a collective agreement, but matters the Government may take into consideration in its policy making. It also states that CHUNKYOJO has a biased viewpoint on national unification and brands the current school education of Koreans as "anti-unification education". They claim that national security education in schools speaks for the benefit of the ruling class and the monopolistic capitalists, and that unification is more important than our democratic system. According to the Government, this implies the acceptance of a communist unification of Korea.
- 546. According to the Government, CHUNKYOJO's non-democratic and uneducational method of struggle has not only had a bad influence on the minds of immature students, but has also infringed upon the students' right to be educated. Teachers, who should be role models for students, organized a trade union in violation of the law, and in alliance with six other illegal bodies, staged illegal demonstrations. They refused to teach classes, boycotted school and staged sit-ins. The Korean people, who still hold the Confucian code of ethics in high esteem, have a negative view of the trade union activities of teachers. The parents of students, who are both education consumers and school-fee payers, hope that teachers promote their interests through a professional organization rather than a trade union and are of the opinion that CHUNKYOJO is relinquishing the sacred duty of teachers, not to speak of violating the law. As for specific incidents, the Government states that, for a period of three months, it did not take any action against those teachers who participated in the creation of and became members of CHUNKYOJO, during which time school authorities, parents of students and non-union teachers, persuaded CHUNKYOJO-affiliated teachers to break away from the illegal union. As a result, 11,080 teachers among the total 12,610 members withdrew from the union, and the remaining 1,530 members were dismissed, according to the law, from their respective schools. The Government, however, promised the dismissed teachers that, if they withdrew from the union during the period in which their cases were being reviewed, they would be reinstated in their original position. In fact, 65 withdrew and were duly reinstated and 1,465 (816 public-school teachers and 649 private-school teachers) preferred to remain in the union, refusing the Government's offer. Thus the total number of dismissed teachers claimed by CHUNKYOJO is incorrect: more precisely, the Government points out that the KTU referred in the complaint to Mr. Cho Kilhan and five others, but they withdrew from the union and were subsequently reinstated; to Mr. Cho'oe Chongsun and eight others who were, in fact, implicated in criminal cases other than that concerning the KTU; to Mr. Lee Ilsop and Lee Sungjong's, whose names were duplicated; to Mr. Lee Kich'ae, who has never worked in a school; and Mr. Park T'aekho, who was not a teacher. Eleven others were also included who were not regular teachers, but part-time teachers at private schools and kindergartens. CHUNKYOJO claims that the Government dismissed 1,496 teachers simply because they organized a trade union. However, they were given a three month long respite within which to withdraw from the union, and only those who insisted on maintaining membership were dismissed as a last resort, in order to normalize school education and to restore the public nature and neutrality of the education system.
- 547. The Government stresses that the dismissed members of CHUNKYOJO were engaged in an anti-government struggle in alliance with other illegal anti-government groups, united in the National Union of Democracy and National Unification, and issued statements and press releases on sensitive political matters in the name of the union as a means of presenting itself as a political struggle body to the students and their parents on the one hand, and of instigating non-union teachers to join the ranks of the union on the other.
- 548. When dismissed schoolteachers brought their cases to court, the court asked the Constitutional Court to rule on whether sections 55 and 58 of the Private School Act, in the case of private-school teachers, and section 66 of the National Public Officials Act, in the case of public-school teachers, were constitutional. The Constitutional Court ruled, on 22 July 1991, that they were. The interim outcome of the individual judicial decisions, as at 30 April 1992, are as follows: of the 816 dismissed public-school teachers, 294 lost their cases and 252 withdrew them. No one won his case. Of the 649 dismissed private-school teachers, 55 lost their cases, 228 withdrew their cases and 25 won them, not because the court condoned their trade union activities, but because their respective schools failed to give them a chance to make a last statement during their disciplinary proceedings.
- 549. The Government adds that the right and status of teachers are in any case sufficiently guaranteed by the Constitution and the provisions of the law. A teacher's professional status is guaranteed by section 43 of the Educational Official Act and his tenure is guaranteed until retirement at the age of 65 by section 47 of the same law. Section 60 of the Private School Act and section 48 of the Educational Official Act stipulate that "A private-school teacher shall not be arrested on the school campus without the consent of the principal concerned, except in the event of flagrante delicto". A schoolteacher shall not suffer such mistreatment as dismissal except by sentence of penalty, disciplinary sanction, or for a reason determined by the two Acts. A Presidential Decree states that the salary of public- and private-school teachers shall be determined annually on the basis of negotiations with various teachers' bodies. Moreover, although teachers are prohibited by law from organizing a trade union, they are allowed to organize professional bodies or associations to promote their educational and cultural activities and to improve their socio-economic status. The Special Act for the Improvement of Teachers' Status, promulgated on 31 May 1991, authorizes the Education Councils to enter into negotiations and consultations with the central or local governments on matters pertaining to the promotion of teachers' professional speciality, enhancement of status and improvement of working conditions and social welfare. Deliberation Councils for Enhancement of Teachers' Status exist, at the central- and local-government level, to deliberate on pending disputes at the request of the Education Council and the local governments. On 2 June 1992, the Government promulgated a regulation concerning the negotiation and consultation for enhancement of teachers' status, which sets out the matters for negotiation and consultation for the improvement of teachers' rights and welfare, such as salaries and allowances, working conditions, temporary leave of absence, protection of female teachers, safety and health, support for research work and all the other matters related to teaching. Each side shall appoint the equal number of negotiators and shall abide by the agreements reached.
- 550. According to the Government, the Korean Federation of Teachers' Associations is the all-embracing teachers' organization, having 70 per cent of all teachers as its members. The Federation negotiates and consults on behalf of all teachers with the Government on matters of teachers' working conditions, welfare, and professional speciality. Therefore Korean teachers enjoy freedom of association, tempered by their social responsibilities.
- 551. In conclusion on this point, the Government states that, as a new member of the ILO, Korea tried its best to uphold the ILO's basic principles. However, it needs time to introduce the ILO's procedures and practices, and to reconcile Korea's labour standards with the ILO's. Additionally, the KTU's complaint about the ratification and implementation of the ILO Conventions, submitted almost at the same time as Korea's entry to ILO, is feared to aggravate the present relationship between management, labour and the Government. This runs counter to the ILO's basic spirit and will diminish the significance of Korea's entry into the ILO.
- 552. In reply to the detention of workers, the Government describes the country's judicial system: no one shall be arrested without grounds and without a duly authorized warrant; all citizens have the right to be tried promptly by the competent judges pursuant to the Constitution and other relevant laws; there is a presumption of innocence in criminal trials and the right to appeal against a wrongful court decision through the submission of a legal appeal to a superior court; jurisdiction lies only in courts consisting of judges; and a judge shall decide on a case independently in accordance with his or her conscience pursuant to the Constitution and other relevant laws. There are local courts, higher courts and the Supreme Court. In addition, the judges who compose the courts shall be assigned only after fulfilling strict qualification criteria and are respected by all as the last fortification for the guarantee of human rights in the country.
- 553. According to the Government, of the 177 persons on the list submitted to the Committee: 84, including Mr. Ryu, S.D., were found guilty and sentenced, and received generous consideration, such as suspended sentences or release upon the completion of their sentences; 83 persons, including Mr. Lee, B.Y., are currently serving out their sentence; six persons, including Mr. Shin, Y.S., have criminal cases pending at various judicial levels; the status of four persons (Messrs. Kim, D.W., Soe, W.K., Lee, J.G. and Hong, K.H.) is unclear due to a lack of personal information. It supplies appendices showing the situation of the 177 persons (see Annex).
- 554. The Government explains that the majority of the persons on the list submitted with the complaint had violated criminal laws by engaging in destructive acts. This is indeed reflected in the materials submitted by the complainant:
- - persons (including Messrs. Lee, B.Y. and Lee, S.H.) were arrested for attacking the legitimate Government on issues irrelevant to the protection of workers' rights and interests, or for holding or participating in illegal meetings and riots which directly threatened the public order through threats, arson and the like;
- - persons (including Mr. Kim, J.S.) were arrested not for reasons relating to labour activities, but for anti-State crimes, such as threatening the security of the nation by publishing or distributing printed materials which advocate the North Korean policy to communize the Republic of Korea and by inciting the public for the purpose of destabilizing Korea's democratic society;
- - persons (including Mr. Lee, G.S.) were arrested for other criminal acts, such as forgery of official documents like identification cards in order to infiltrate certain companies illegally. They were also charged with threatening public officials in their duties and hindering the work of others.
- Although the remainder were arrested on charges of violating the Labour Dispute Adjustment Act they were also in violation of the following:
- - persons (including Mr. Hyun, J.E.) interfered in the labour disputes of others and such interference was not permitted by their right of organization. Their activities encouraged the illegal destruction of factory facilities and the like;
- - persons (including Messrs. Park, J.H. and Shin, J.B.) were arrested for failing to comply with the Act's provisions concerning the cooling-off period and violence while exercising the right to dispute. The provision prohibiting a third party's intervention in the labour disputes, which was enacted to induce an atmosphere conducive for an autonomous settlement between the relevant company and trade union, was ruled on by the Constitutional Court, which held that it is in accordance with the Constitution.
- 555. The Government concludes that, in past cases, the Committee has refused to examine such non-union related arrests. It cites previous Committee rulings according to which, even if an individual has been a union officer, he or she shall not be exempted from criminal laws and may be arrested through normal judicial procedures if involved in destructive acts. The Government hopes that the Committee in its wisdom will, in this complaint, not require further investigations into the cases of allegedly unjustifiable arrests. If the Committee requests further information concerning the investigations or public court trials for certain persons on the list about whom the Committee reserves judgement, the Government undertakes to cooperate promptly, but it adds that, in the case of persons under restraint, each country has its own national penal codes and the exercise of judicial power according to Korean law is a legitimate exercise of its sovereignty.
- 556. Regarding the allegation that the detention of workers is abused to suppress union activities, the Government states that, in Korea, labour-management negotiations, including amendments to collective agreements and wage negotiations within companies, occur in a concentrated period from April to June. During the course of the negotiations, certain union members sometimes stage illegal strikes and engage in destructive acts to support their unreasonable demands. Some who seek to dismantle the democratic system interfere in labour disputes to advance underlying objectives. They encourage violations of criminal laws and violence to further their detrimental objectives. As in many countries, those who violate national laws and commit crimes during labour disputes must be appropriately punished. So, when persons engage in criminal activities, and the legal requirements for arrest are satisfied, the Government arrests such individuals, after a strict review by an independent judge in order to assure the rule of law. If, during the course of trial, the arrested persons express remorse for their criminal acts and take remedial measures (such as restitution of damages) they can be released at the discretion of a judge. Otherwise, they can be convicted and serve their sentences. The Government thus strongly denies abusing judicial procedures for arrest in an attempt to settle labour-management disputes.
- 557. Finally, the Government stresses that, before joining the ILO, it already guaranteed workers' rights of association, collective bargaining and collective action through the Constitution and the Trade Union Act, and it will continue to protect the workers' legitimate right of association so as to improve their rights and working conditions. It repeats that the Committee on Labour Laws has been established to rectify weak points in the current labour-related laws and to reform them. Other than public officials actually engaged in manual labour, the right of association of public officials and teachers is prohibited, but this is due to Korea's unique social and cultural background and the Government asks for appreciation of this point. It emphasizes that teachers in Korea are guaranteed the right to form professional organizations and associations instead of trade union activity. Since the rights to negotiation and consultation are granted to such associations, the Government believes that freedom of association is granted to teachers in Korea.
C. The Committee's conclusions
C. The Committee's conclusions
- 558. The allegations in this case are of both a legislative and factual nature.
- 559. The complainants allege that Korean labour law restricts the right of workers to form organizations of their own choosing (in particular section 3(5) of the Trade Union Law), the right of public servants to organize (section 8(1) of that Law and section 66 of the National Public Officials Act) and the right of private school teachers to unionize (section 58 of the Private School Act), the right of public servants to engage in collective action (section 66 of the National Public Officials Act, section 58 of the Local Government Employees Act and section 53(4) of the Public Education Servants Act) and prohibits third party intervention in labour disputes (section 13(2) of the Labour Dispute Adjustment Act).
- 560. As regards the legislative aspect of the case, the Committee notes that the Government does not dispute the fact that there are legislative bans on the right of various categories of workers to organize and on the right of workers' organizations to take collective action, but justifies these restrictions on several grounds: section 3(5) of the Trade Union Law protects existing unions which do not have a solid base; public servants - including teachers - have a special responsibility in society; Confucian tradition and the Korean people expect continued service from public servants; the highest court of the land recently upheld the constitutionality of the ban on their rights; the division of the country after the Second World War requires public officials to be pillars of stability in society; and, given the traditional Asian non-adversarial approach to labour relations, grievance procedures suffice for the settlement of disputes and the ban on third party intervention respects the role of the parties themselves in dispute resolution. The Government nevertheless does recognize the need for amendment of labour-related laws, without specifying which provisions, and stresses the creation in April 1992 of the Committee on Labour Laws (composed of representatives of labour, management and the public) for this purpose.
- 561. On the first issue, that of the ban on a second workers' organization being registered when one already exists, which also covers the registration of federations and confederations, the Committee notes the examples of this ban being applied in practice (for instance, in the building industry). It must draw the Government's attention to the long-held principle of the ILO supervisory bodies that legislative provisions concerning registration which result in the rejection of an application for registration if the authorities consider that a trade union adequately representing the interests of the workers concerned is already registered, mean that in some cases employees may be denied the right to join the organization of their choice, contrary to the principle of freedom of association (General Survey on Freedom of Association and Collective Bargaining, 1983, para. 139). The Committee concludes that this is the situation in practice in the case under consideration. It therefore calls on the Government to have section 3(5) of the Trade Union Law amended so as to enable workers to establish and join the organization of their choice, without restriction.
- 562. Secondly, as regards the prohibition on the right to organize of public servants and private and public teachers, the Committee must also draw the Government's attention to the importance of workers, without distinction whatsoever and notwithstanding their particular status under national law, being able to form and join organizations of their own choosing to protect their interests (General Survey, paras. 86 and 87 and Digest of decisions and principles of the Freedom of Association Committee, 3rd edition, 1985, paras. 213 and 218). The Committee therefore calls upon the Government to take the necessary measures to enable public servants and private and public teachers to exercise freely the right to organize.
- 563. On the issue of the right of private- and public-school teachers to take collective action, the Committee recalls that it has been faced with many cases over recent years involving restrictions on the freedom of action of teachers. The unwavering approach to the question of whether they, as teachers often having special domestic status and functions, should be allowed to exercise the right to strike was set out clearly at the Committee's May-June 1990 meeting:
- The Committee reiterates that it has always held the right to strike to be one of the fundamental rights of workers and their organizations; it is one of the essential means through which they may promote and defend their occupational interests ... The Committee recalls that the right to strike can only be restricted and even prohibited in the public service (public employees being those who act as agents of the public authority) or in essential services in the strict sense of the term (i.e. those services whose interruption would endanger the life, personal safety or health of the whole or part of the population). However, the Committee considers that workers in education are not covered by the definition of essential services or of the public service exercising the powers of the public authority (272nd Report, Case No. 1503 (Peru), paras. 116 and 117; 277th Report, Case No. 1528 (Germany), paras. 285 and 286).
- 564. As for the ban on third party intervention in the settlement of disputes, the Committee notes that the trade union organisations, as a result of this prohibition cannot benefit from the assistance of advisers. The Committee is of the opinion that such an exclusion constitutes a serious restriction on the free functioning of trade unions. It accordingly calls on the Government to repeal this ban.
- 565. The Committee notes the Government's acknowledgement of the need to revise its labour-related legislation and trusts that its conclusions in the present case will be borne in mind during that exercise. It asks the Government to keep the Committee informed of progress towards revision of the labour-related legislation.
- 566. Turning to the factual aspect of the case, the Committee notes that the complainants list examples of government repression designed, in the complainants' opinion, to destroy the Korea Trade Union Congress which was created independently of the established union structure in January 1990 and other newly formed independent unions (the arrest of 177 named union leaders and members, the breakup of the KTUC's inaugural convention, the suspicious death in May 1991 of the KTUC Vice-President, Mr. Park Chang-soo, and unfair labour practices to discourage KTUC membership by employers such as Hyundai Construction and Engineering Company), in particular the Korea Teachers and Educational Workers' Union (CHUNKYOJO) (nearly 1,500 dismissals, the prohibition of its annual congress, police searches of union premises, the arrest on 26 April 1991 of five named members, three of whom are still in detention: Messrs. Suho Lee, Sangdok Yu and Puyoung Lee, and the violent breakup of a gathering on 2 March 1992 calling for the reinstatement of the dismissed teachers).
- 567. As regards the factual aspect of the case, the Government does dispute the complainants' allegations concerning certain incidents. More particularly, it maintains that certain labour organizations like the KTUC and the teachers' union undertake collective action not for the improvement of workers' occupational interests, but for the overthrow of the legitimate government; the arrest of certain union leaders was not based on their union membership or activities but on criminal acts proven by due process before independent courts; of the 177 listed by the complainants as arrested, 84 have been released either after completing their sentences or having their sentences suspended, 83 are still serving their sentences and six have lodged appeals against conviction; the KTUC's inaugural meeting was organized without permission and, after being called in by the university authorities and in the face of the workers' refusal to disperse, the police had no choice but to use force; 1,465 (1,496 according to the complainants) teachers were, after three months' warning, dismissed for their non-respect of the ban on joining unions and so as "to restore the public nature and neutrality of the education system"; at April 1992, in the court proceedings challenging the dismissals, only 25 teachers had won, not because the court upheld their right to trade union activities, but because of technical defaults during the internal disciplinary proceedings; in any case, teachers can organize in professional bodies or associations and a 1992 regulation creates negotiation machinery with teacher representation to determine a wide range of teachers' conditions of employment.
- 568. The Committee notes that 84 of the 177 arrested unionists are free, but regrets that 83 are still in prison serving their sentences and that six have not had their cases finalized. While noting the Government's arguments as to the non-labour-related offences committed by these persons, the Committee cannot but express its doubts as to the Government's insistence that the acts involved were not linked to the perpetrators' union membership or functions, especially as no evidence was presented to prove the charges of arson, anti-State crimes, forgery and obstructing a public official in his duty. In past cases relating to the prosecution and sentencing of trade union leaders the Committee has stated that the only question to be determined is the real reason for taking such measures; if these measures are based on legitimate trade union activities there is an infringement of freedom of association (Digest, para. 121). It has stressed that the arrest and detention of trade unionists, even for reasons of internal security, may constitute a serious interference with trade union rights (Digest, para. 94). In the light of these principles and the fact that the information provided by the Government indicates that trade unionists are liable to imprisonment for the exercise of their legitimate activities, the Committee calls upon the Government to release those who remain in prison. It asks to be kept informed of developments in this regard, and of the outcome of the six pending appeals.
- 569. As regards the almost 1,500 dismissals of teachers for forming a union outside the existing structure, the Committee notes that in only 25 cases where this disciplinary sanction was applied did the teachers win, and then only due to technical defaults in the internal procedures. It draws the Government's attention to the principle that no person should be prejudiced in his or her employment by reason of trade union membership or legitimate trade union activities (Digest, para. 538). In view of the Committee's explanation of teachers' right to form organizations of their own choosing outlined above, the Committee is of the view that the setting up of the CHUNKYOJO was a legitimate exercise of their right to organize. It therefore deplores that they have been subject to dismissal for exercising this right. The Committee calls on the Government to take immediate steps to ensure that the teachers concerned are reinstated in their jobs.
- 570. Regarding the break up of the KTUC's inaugural meeting, the Committee notes that the complainants' and the Government's versions of the police intervention differ widely. It is clear nevertheless that the police were called in and used force to disperse the workers gathered at the Student Centre of the Sungkyunkwan University. In this connection the Committee would draw to the attention of both the complainants and the Government the principles according to which trade unions should respect legal provisions which are intended to ensure the maintenance of public order while at the same time the public authorities should, for their part, refrain from any interference which would restrict the right of trade unions to organize the holding of their meetings in full freedom and that, in general, the use of the forces of order during trade union demonstrations should be limited to cases of genuine necessity (Digest, paras. 162 and 167).
- 571. The Committee regrets that the Government supplied no information on the suspicious death of the KTUC Vice-President, Mr. Park Chang-soo, and urges the Government to send its comments without delay.
- 572. As regards the alleged ban of the CHUNKYOJO congress and on the alleged unfair practices engaged in by certain employers in an effort to suppress the KTUC, such as those described in the Hyundai Construction and Engineering Company, the Committee also regrets the lack of comment from the Government. It would therefore urge the Government to reply to these allegations as soon as possible.
- 573. While appreciating the Government's statement that it is committed to protecting the workers' legitimate right of association for the improvement of their rights and working conditions, it trusts that serious consideration will be given to the principles of freedom of association, which is a right enshrined in the Constitution of the ILO and thereby to be respected by all member States.
- 574. Noting that the Republic of Korea is a new member State, and noting with concern the fact that such serious allegations of violations of basic trade union rights have been presented against it, the Committee draws the Government's attention to the fact that the technical assistance of the Office is at its disposal in giving effect to its following recommendations.
The Committee's recommendations
The Committee's recommendations
- 575. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
- (a) Regarding the ban on a second workers' organization being registered when one already exists, which also covers the registration of federations, the Committee draws the Government's attention to the principle that registration provisions which result in the rejection of an application for registration if the authorities consider that a trade union adequately representing the interests of the workers concerned is already registered, mean that in some cases employees may be denied the right to join the organization of their choice, and concludes that this is the situation in practice in the case under consideration; it therefore calls on the Government to amend section 3(5) of the Trade Union Law so as to enable workers to establish and join the organization of their choice, without restriction.
- (b) As regards the prohibition on the right to organize of public servants and private and public teachers, the Committee draws the Government's attention to the principle that workers, without distinction whatsoever and notwithstanding their particular status under national law, should be able to form and join organizations of their own choosing to protect their interests and calls on the Government to take the necessary measures to enable public servants and private and public teachers to exercise freely the right to organize.
- (c) As regards the right of private and public school teachers to take collective action, the Committee recalls that the right to strike is one of the fundamental rights of workers and their organizations being one of the essential means through which they may promote and defend their occupational interests; it can only be restricted and prohibited in the public service (public employees being those who act as agents of the public authority) or in essential services in the strict sense of the term.
- (d) As the Committee is of the opinion that the ban on third party intervention in the settlement of disputes constitutes a serious restriction on the free functioning of trade unions it calls on the Government to repeal this ban.
- (e) In general on these legislative aspects of the case, the Committee notes the recently created Committee on Labour Laws and asks the Government to keep it informed of any progress achieved towards revision of the labour-related legislation.
- (f) As regards the factual aspect of this case, the Committee regrets that 83 arrested unionists are still in prison serving their sentences and that six have not had their cases finalized; stressing that the arrest and detention of trade unionists, even for reasons on internal security, may constitute a serious interference with trade union rights, it calls on the Government to release those who remain in prison and to inform it of developments in this regard including the outcome of the six pending appeals.
- (g) As regards the almost 1,500 dismissals of teachers for forming a union outside the existing structure, the Committee draws the Government's attention to the principle that no person should be prejudiced in his or her employment by reason of trade union membership or legitimate trade union activities and calls on the Government to take immediate steps to ensure that the teachers concerned are reinstated in their jobs.
- (h) Regarding the break up of the KTUC's inaugural meeting, the Committee draws to the attention of both the complainants and the Government the principles according to which trade unions should respect legal provisions which are intended to ensure the maintenance of public order while at the same time the public authorities should for their part, refrain from any interference which would restrict the right of trade unions to organize the holding of their meetings in full freedom and that, in general, the use of the forces of order during trade union demonstrations should be limited to cases of genuine necessity.
- (i) The Committee regrets that the Government supplied no information on the suspicious death of the KTUC Vice-President, Mr. Park Chang-soo and urges it to respond to this allegation without delay.
- (j) The Committee also expresses its concern about the alleged ban of the CHUNKYOJO congress and on the alleged unfair practices engaged in by certain employers in an effort to suppress the KTUC; it urges the Government to reply to these allegations as soon as possible.
- (k) Noting that the Republic of Korea is a new member State, and noting with concern the fact that such serious allegations have been presented against it, the Committee draws the Government's attention to the fact that the technical assistance of the Office is at its disposal in giving effect to these recommendations.
Z. ANNEXE
Z. ANNEXE
- Information from the Government on the lists of workers who, according to the
- complainants, were unjustifiably detained
- No. Name Reasons for release
- 1 Ryu, S.D. Completion of service period
- 2 Jang, I.K. Suspended sentence
- 3 Sung, C.H. Suspended sentence
- 4 Lee, D.J. Suspended sentence
- 5 Jang, S.K. Completion of service period
- 6 Wang, S.K. Suspended sentence
- 7 Ko, H.C. Suspended sentence
- 8 Kim, Y.C. Suspended sentence
- 9 Huh, M.K. Suspended sentence
- 10 Kim, K.Y. Suspended sentence
- 11 Kim, T.K. Suspended sentence
- 12 Kwon, J.T. Completion of service period
- 13 Han, K.S. Suspended sentence
- 14 Jung, J.K. Completion of service period
- 15 Yoon, H.J. Suspended sentence
- 16 Park, Y.C. Completion of service period
- 17 Kim, H.G. Suspended sentence
- 18 Shin, J.S. Completion of service period
- 19 Ryu, K.W. Completion of service period
- 20 Lee, S.L. Suspended sentence
- 21 Jung, W.C. Suspended sentence
- 22 Shin, J.B. Suspended sentence
- 23 Choi, J.K. Suspended sentence
- 24 Jang, M.B. Suspended sentence
- 25 Jung, B.K. Suspended sentence
- 26 Jung, J.Y. Suspended sentence
- 27 Jun, B.H. Suspended sentence
- 28 Soh, S.J. Suspended sentence
- 29 Lee, M.O. Completion of service period
- 30 Han, Y.D. Completion of service period
- 31 Kim, B.R. Completion of service period
- 32 Kim, M.G. Completion of service period
- 33 Lee, T.G. Completion of service period
- 34 Bae, J.S. Suspended sentence
- 35 Choi, K.Y. Completion of service period
- 36 Lee, J.S. Completion of service period
- 37 Lee, K.Y. Completion of service period
- 38 Lee, Y.J. Suspended sentence
- 39 Jung, W.Y. Completion of service period
- 40 Lim, S.K. Completion of service period
- 41 Lee, J.Y. Completion of service period
- 42 Choi, S.H. Suspended sentence
- 43 Yoon, J.H. Suspended sentence
- 44 Lee, S.D. Completion of service period
- 45 Lee, J.H. Suspended sentence
- 46 Kang, S.Y. Suspended sentence
- 47 Yoon, M.W. Completion of service period
- 48 Ahn, S.M. Review of legality of confinement
- 49 Kim, I.D. Suspended sentence
- 50 Kime, Y.D. Deferred sentence
- 51 Koo, S.Y. Suspended sentence
- 52 Jang, J.H. Completion of service period
- 53 Han, K.H. Completion of service period
- 54 Yoo, S.H. Completion of service period
- 55 Song, S.H. Suspended sentence
- 56 Hwang, M.Y. Bail
- 57 Lee, E.B. Bail
- 58 Jun, J.Y. Suspended sentence
- 59 Bae, I.D. Suspended sentence
- 60 Kim, J.B. Completion of service period
- 61 Kim, N.S. Completion of service period
- 62 Kim, D.H. Completion of service period
- 63 Kim, B.S. Suspended sentence
- 64 Ki, G.D. Suspended sentence
- 65 Lee, J.S. Suspended sentence
- 66 Kim, D.H. Suspended sentence
- 67 Kime, C.K. Suspended sentence
- 68 Koo, B.S. Suspended sentence
- 69 Lee, S.W. Suspended sentence
- 70 Lee, S.H. Completion of service period
- 71 Lee, C.H. Suspended sentence
- 72 Han, J.S. Suspended sentence
- 73 Kim, J.S. Suspended sentence
- 74 Seo, S.J. Suspended sentence
- 75 Moon, J.S. Suspended sentence
- 76 Moon, J.P. Suspended sentence
- 77 Kam, H.Y. Suspended sentence
- 78 Kho, Y.S. Suspended sentence
- 79 Kim, Y.H. Suspended sentence
- 80 Kim, B.K. Completion of service period
- 81 Choi, W.K. Completion of service period
- 82 Park, Y.H. Suspended sentence
- 83 Kim, B.N. Suspended sentence
- 84 Kime, S.J. Completion of service period
- Persons still in prison
- No. Name Prosecuting Office
- 1 Lee, B.Y. Seoul
- 2 Lee, S.Y. Seoul
- 3 Hyun, J.E. Seoul
- 4 Kwon, Y.K. Daegoo
- 5 Lee, S.C. Daegoo
- 6 Kim, I.S. Jinjoo
- 7 Baek, S.H. Chungmoo
- 8 Kang, Y.K. Chungmoo
- 9 Na, Y.J. Changwon
- 10 Song, O.S. Changwon
- 11 Lee, B.K. Changwon
- 12 Kim, W.K. Changwon
- 13 Lee, H.S. Changwon
- 14 Kim, S.H. Changwon
- 15 Park, J.H. Changwon
- 16 Jung, Y.S. Changwon
- 17 Han, K.S. Changwon
- 18 Jang, C. Changwon
- 19 Kim, J.H. Changwon
- 20 Lim, C.J. Changwon
- 21 Lee, H.S. Changwon
- 22 Kim, J.H. Woolsan
- 23 Choi, J.H. Woolsan
- 24 Shon, B.H. Woolsan
- 25 Bae, M.S. Woolsan
- 26 Oh, J.S. Woolsan
- 27 Sohn, J.S. Soowon
- 28 Jung, M.S. Soowon
- 29 Jang, Y.I. Soowon
- 30 Jung, J.W. Soowon
- 31 Yoon, J.K. Soowon
- 32 Jung, S.Y. Soowon
- 33 Han, S.S. Soowon
- 34 Jung, C.S. Soowon
- 35 Lee, Y.S. Soowon
- 36 Kim, T.Y. Soowon
- 37 Ahn, S.M. Soowon
- 38 Moon, S.H. Soowon
- 39 Song, D.S. Soowon
- 40 Park, W.T. Soowon
- 41 Yang, S.K. Soowon
- 42 Park, J.H. Soowon
- 43 Kim, J.H. Soowon
- 44 Bang, B.S. Soowon
- 45 Baek, S.H. Soowon
- 46 Jung, J.H. Soowon
- 47 Cho, J.Y. Soowon
- 48 Oh, H.K. Inchon
- 49 Choi, D.S. Inchon
- 50 Kim, N.H. Inchon
- 51 Kim, K.H. Inchon
- 52 Cho, S.D. Inchon
- 53 Kim, Y.D. Inchon
- 54 Kim, Y.K. Inchon
- 55 Kim, J.K. Inchon
- 56 Choi, Y.J. Inchon
- 57 Lee, S.J. Inchon
- 58 Lee, E.K. Inchon
- 59 Hong, H.P. Seoul
- 60 Kim, S.K. Inchon
- 61 Seo, H.T. Inchon
- 62 Lee, C.S. Inchon
- 63 Lim, Y.K. Inchon
- 64 Lee, S.H. Seoul
- 65 Park, K.J. Seoul
- 66 Lee, S.H. Seoul
- 67 Kim, Y.D. Seoul
- 68 Jung, Y.K. Seoul
- 69 Park, H.S. Soowan
- 70 Lee, B.H. Soowan
- 71 Jung, H.B. Soowan
- 72 Jung, S.K. Soowan
- 73 Kang, M.J. Soowan
- 74 Lee, C.J. Soowan
- 75 Kwag, T.Y. Soowan
- 76 Lee, K.S. Soowan
- 77 Park, S.T. Inchon
- 78 Ahn, J.J. Inchon
- 79 Choi, S.C. Inchon
- 80 Sim, H.J. Seoul
- 81 Kim, J.S. Changwon
- 82 Lee, C.H. Changwon
- 83 Lee, K.S. Daegoo
- Persons whose cases are still pending
- No. Name Level of Court
- 1 Shin, Y.S. Pending appeal to higher court
- 2 Moon, J.Y. Pending appeal to higher court 3. Cho, B.D. Pending
- appeal to higher court
- 4 Kim, S.I. Pending appeal to the Supreme Court
- 5 Shin, S.C. Pending appeal to the Supreme Court
- 6 Kim, S.H. Pending appeal to the Supreme Court
