The National Human Rights Commission of Korea finds grave human rights abuses and recommends urgent relief measure for E-land protestors
The National Human Rights Commission (NHRCK) announced a commitment to demand urgent relief measure for the employees protesting against E-land.This announcement was made official on July 18, 2007, in response to requests for urgent relief measure from the E-land General Labor Union and other related organizations on July 16, 2007. The union members went on a sit-in protest at the group’s chain outlets in Seoul—the Homever outlet in Sangam-dong and the New Core outlet in Jamwon-dong—to protest the massive dismissal of irregular workers.
The complainants, the General Labor Union and other organizations, requested assistance in relieving human rights abuses related to the protests against E-land. Most of the protestors are irregular workers, causing much controversy around the protests. The complainants stated that daily functions were inhibited by local police actions, including infringements on the protestors’ right to live and right to freedom of movement. The request from the complainants cited incidences, in which police heavily restricted the area and left protestors without right to free contact or communication with their families. The request also cited representatives of New Core and Homever welding fire shutters closed, seriously infringing on the protestors’ rights to personal safety and right to integrity in the event of fire or emergency.
The respondents, including the Commissioner-General of the National Police Agency (NPA), held that restricting the rights of the protestors was necessary, as they had reason to believe dangerous articles would be transported to the protest site. The NPA controlled all movement to and from the site, stating that the actions of the NPA were brought on by request of the employer, E-land, who was concerned about the protection of facilities. The respondent also held that the welding of fire safety facilities was necessary to prevent the protest from spreading to the other shops in the facility, and that the protestors were not in immediate danger, since keys to the facilities were dispersed among NPA agents and guards.
Upon investigation, the Commission concluded that welding the fire shutters and fire escapes instroduced grave human rights abuses at both protest sites. The Commission verified that steel bars and chains were welded onto entrance doors and emergency exits leading to the first underground level of the New Core Gangnam facility. Only the main gate remained open. The Commission acknowledges the respondent’s wish to prevent the protest from spreading to other shops in the facility. However, Korean law strictly prohibits any blockage of fire escape facilities, as it may have devastating results, as seen by the recent Yeosu Immigration Control Office fire incident. The Commission deemed this to be a grave and direct violation of personal safety for the protestors. By July 16, 2007—the date of the Commission’s investigation—most of the doors had been restored to their original state via oxygen welding, but the locking devices were still intact at this facility.
At Homever Sangam, protestors had blocked entrances with shopping carts to prevent the police from entering the premise. Despite this fact, the Commission concluded that the blockage of fire escape by the facility managers violated the personal safety of the protestors. This statement considered the principle of endangering protestors via blocking exit routes precedent over the fact that many entrances remained free of welding, that most of the structure was made of glass, or that the protestors could push aside the shopping cart barricades in the event of fire or other emergency.
With these findings and conclusions, the Commission recommended the chief of the Seocho Fire Station, the chief of the Mapo Fire Station and the Seoul Metropolitan Fire and Disaster Management Department to prevent future recurrences of similar incidences. Additionally, the Commission recommended that all agencies examine current applicable laws and implement steps to review the fire safety facilities at both sites.
Several press statements concerning this protest suggest that the entrances had been blocked and welded by command of the NPA. The Commission plans to investigate the validity of these statements further.
Other rights infringements were found at both sites, but the Commission determined that these infringements did not warrant emergency status. Among these were the nature of inspections for incoming and outgoing articles, including daily food staples and other articles necessary for daily functioning. The Commission recommended that the NPA station female inspectors to inspect feminine products in order to preserve the female protestors’ right to dignity. The Commission also verified that the NPA were restricting contact and communication between protestors and their families, but determined that this restriction was compatible with the Act on the Performance Duties by Police Officers and other applicable law enforcement acts.
Even though the protestors’ occupation of both sites was unlawful, the Commission recognizes the anxiety that protestors and their families endured due to the heavy restrictions on movement and communication, as more than 100 protestors were completely isolated. The Commission determined that these acts violate the right of integrity, human dignity and value, as guaranteed by the Constitution of the Republic of Korea.
The protest at the Homever outlet lasted for 21 days and the strike at the New Core outlet continued for 14 days. Some 7,000 policemen were mobilized to crack down on the protest.
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.
