HUMAN RIGHTS IN REPUBLIC OF KOREA
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1 HUMAN RIGHTS IN REPUBLIC OF KOREA THE COUNTER REPORT TO THE THIRD PERIODIC REPORT OF THE REPUBLIC OF KOREA UNDER ARTICLE 40 OF INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS OCTOBER 2006
2 HUMAN RIGHTS IN REPUBLIC OF KOREA THE COUNTER REPORT TO THE THIRD PERIODIC REPORT OF THE REPUBLIC OF KOREA UNDER ARTICLE 40 OF INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS OCTOBER F Sinjeong B/D, , Seocho-dong, Seocho-gu, Seoul, Republic of Korea Tel) (+82 2) Fax) (+82 2) Homepage:
3 This report is written by MINBYUN-Lawyers for a Democratic Society and finalized in consultation with Korean Human Rights Organizations Network composed of 38 human rights organizations in Republic of Korea. The organizations names of the Network are below: Ansan Human Rights Center/Busan Human Rights Center/Catholic Human Rights Committee/Counter Globalization Action/Cultural Action/Dasan Human Rights Center/Disabled People s International Korea/Disability and Human Rights in Action/GUNKAHYUP/Jeonbuk Solidarity for Peace & Human Rights/Joint Committee for Migrant Workers in Korea/Keochang Committee for Peace and Human Rights Art Festival/Korea Solidarity against Precarious Work/Korean Council for Democratic Martyr/Korean House for International Solidarity/Korean Progressive Network JINBONET /Korean Sexual-Minority Culture and Rights Center/Kwangju Human Rights Activities Center/MINKAHYUP Human Rights Group/National Council of Churches in Korea Human Rights Center/Naunuri+HIV/AIDS Human Rights Advocacy Group of Korea/Net-work for Migrants Rights/People s Solidarity for Social Progress/Protesting against Poverty & Discrimination Solidarity for Human Rights/SARANGBANG Group for Human Rights/Solidarity Against Disability Discrimination/Solidarity for Lesbian Gay Bisexual Transgender Human Rights of Korea/Solidarity for New Society/Solidarity for Peace & Human Rights of Asia/Solidarity Peace Human Rights/Supporters of Imprisoned Workers/The Buddhism Human Rights Committee of Korea/The Democratic Legal Studies Association/The Research Institute of the Differently Abled People Rights in Korea/Ulsan Solidarity for Human Rights/WITHOUTWAR/Won Buddhism Human Rights Committee
4 PREFACE We,, in consultation with the Korean Human Rights Organizations Network composed of 38 human rights organizations in the Republic of Korea, submit this report to the Human Rights Committee (referred to as the Committee henceforth) which will review the third periodic report of the government of the Republic of Korea. MINBYUN, as a human rights NGO consisting of some 550 progressive lawyers in South Korea, has already submitted counter reports during the consideration of the initial and the second periodic reports of the South Korean government by the Committee. After examining the Government report, we conclude that it falls short of explaining the human rights situation of South Korea in reality, thus failing to provide the Committee with accurate information. Therefore, this report was written to make possible a constructive dialog between the South Korean government and the Committee by revealing the human rights issues in South Korea clearly and providing the Committee with accurate information. However, we do not think the human rights issues concerning South Korea covered in this report are exhaustive. For this reason, we hope the Committee will pay heed to the fact that there are a lot of other serious human rights issues we do not point out in this report. We sincerely hope our report will be seriously considered by the members of the Committee in considering the Government report, and as a result, will contribute to moving towards a more thorough observation of the International Covenant on Civil and Political Rights by the South Korean government in the future. October 2006 BAIK Seung-Hun President
5 CONTENTS PREFACE PART Ⅰ Paragraph Page General Comments Relationship between Domestic Laws and the Covenant PART Ⅱ Issues Concerning the National Human Rights Commission Negligence in Implementing Recommendations of the Committee Reservations Paragraph 5 of article Article PART Ⅲ Equal rights of men and women Prohibition of Torture or Cruel, Inhuman or Degrading Treatment or Punishment Right to Liberty and Security of Person Right to Privacy, Residence and Correspondence Right to Privacy Protection of Personal Information Right to Correspondence Conscientious Objection to Military Service Freedom of Expression National Security Law Movie Grading System Freedom of Association Family Protection, Marriage and Divorce Protection of the Child Rights of Migrant Workers
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