The National Human Rights Commission of Korea (NHRCK) determined that officials of the "A" local government had infringed upon the freedoms of expression and assembly as guaranteed under Article 21 of the Constitution and Articles 19 of the International Covenant on Civil and Political Rights by forcefully taking demonstrators' pickets during one-man demonstrations and assemblies. Accordingly, the NHRCK recommended the head of the local government to discipline its officials and provide them appropriate training. With respect to police officers at "B" Police Station who failed to take any protective measures against said interference, the NHRCK found that they had failed to honor their protection obligations proscribed in Articles 7, 10, and 11 of the Constitution and recommended that the head of their organization issue a warning against them and provide them necessary training.
The complainant only known as Cho (50-year-old female) and other victims were evicted from their houses to clear the way for a housing environment improvement project in the "C" region. On May 28, 2007, they held an assembly in front of the official residence of the head of the "A" local government, requesting proper compensation for damages. According to the complaint, a number of employees of the local government had (i) torn apart and taken the traditional Korean costumes of persons engaging in one-man demonstrations and assemblies on four occasions; and (ii) verbally abused the demonstrators. In addition, the complaint stated that police officers at the "B" District Police Station of competent jurisdiction turned a blind eye to the situation, thus neglecting their duties.
The respondents of the "A" local government conceded to most of the complaint and expressed deep regret for committing such inconsiderate acts in the process of assisting the head of their organization with civic affairs and performing their duties. Some of the respondents associated with "B" Police Station argued that they had no idea of the incident. A majority of the respondents expressed their full intention to fairly enforce the law in the future, saying that they could not take any actions when they were dispatched to the site because the incident had occurred so quickly.
The NHRCK made the following conclusions, based on the written complaint filed by the complainant and the other victims, photographs taken at the site, written questionnaires filled out by the respondents, and materials submitted by concerned organizations regarding the obstruction of assembly by officials of the "A" Local Government
On January 9, 2007 and January 10 and 16, 2007, the respondents of the "A" local government used a pencil sharpener to tear the traditional white Korean costumes worn by the victims, who were waging one-man demonstrations in front of the official residence of the head of the local government, and forcefully seized and scrapped their pickets. On January 29, 2007, the respondents snatched the pickets from the victims and discarded them even though the victims were demonstrating in a lawful manner. Such acts constitute abuse of official authority and damage to property as prescribed by Articles 123 and 366 of the Criminal Act and also violate Article 5 of the Assembly and Demonstration Act. Accordingly, the NHRCK determined that the respondents infringed upon the victims' freedoms of expression and assembly as guaranteed under Article 21 of the Constitution and Articles 19 and 21 of the International Covenant on Civil and Political Rights. The NHRCK found that there was no objective evidence substantiating the authenticity of the allegation of verbal abuse, however.
Regarding the violation of protection obligation by police officers at "B" police station
The NHRCK determined that the respondents associated with "B" police station infringed upon the victims' basic rights in breach of the government's obligation to protect citizens and safeguard the right to equality before the law as guaranteed by Articles 10 and 11 of the Constitution by way of neglecting their obligation to provide services and assume responsibility for citizens as government employees, as provided in Article 7 of the Constitution and their duties as police officers stipulated in Articles 1 and 6 of the Act on the Performance of Duties by Police Officers. They did not take any action to deter or remedy illegal acts perpetrated in their presence, including obstruction of demonstration, and furthermore failed to implement any follow-up judicial actions in accordance with due process.
The NHRCK recommended that, concerning obstruction of one-man demonstrations and assemblies, the heads of the respondents' organizations take punitive actions against the respondents with primary accountability pursuant to Article 45(2) of the National Human Rights Commission of Korea Act and conduct necessary human rights training for their colleagues and teammates according to Article 44(1)1 of said Act. With regard to the alleged verbal abuse, the NHRCK dismissed the complaint under Article 39(1)1 of said Act due to lack of objective evidence.
Concerning violation of the protection obligation, the NHRCK recommended to the head of the respondents' police station to issue a warning against them and provide training pertinent to the performance of such obligations.
The National Human Rights Commission of Korea was established in 2001 to promote human rights education and defend those who have experienced discrimination, or have had a right violated, in Korea. The Commission offers counseling, full investigation and protection for citizens, along with educational initiatives for organizations.
