Urgent Appeal and Report
On the aftermath of
“Forced Eviction and Protestors’ deaths
at Yongsan, Republic of Korea”


12 June, 2009


□ Submitted by :
SARANGBANG,
MINBYUN-Lawyers for Democracy,
on behalf of
the Committee Against the Brutal Repression of Yongsan Demolition Protest

? Contact Point :
Donghwa LEE
International Coordinator, MINBYUN-Lawyers for a Democratic Society
Tel: 82 2 522 7284, 82 10 9947 9920 Fax: 82 2 522 7285
E-mail : m321@chol.com
HP : http://minbyun.jinbo.net

Miryu
Human rights Activist, SARANGBANG
Tel : +822-365-5363, E-mail: humanrights@sarangbang.or.kr
□ Victims
- 5 people are dead : Seong-su Lee (born in 1959), Yong-hyun Yoon (born in 1961),
Sang-rim Lee (born in 1938), Hui-sung Yang (born in 1952),
Dae-sung Han (born in 1956)
- more than 17 people are injured

□ People who are under the danger of forced evictions
- the 127 tenants in Yongsan 4th zone, Yongsan-Gu, Seoul

□ Human rights violators
- Korean government, former Police Chief, Sunk-ki Kim, Executive Officer of Yongsan-gu, Jeong-gyu Park, former Chief of Yongsan Police, Dong-san Baek,
Police Chief, Joo Sang Yong, Chief of Yongsan Police, Cho Hyun Baek, Samsung C&T corporation, Posco, Daerim Corporation
Enterprises of Yongsan 4th Zone, the security personnel Horam Corporation, Hyun-Am Corporation


□ Summary
The eviction started around July. They started demonstration asking for a comprehensive resettlement plan, yet the police was immediately filed. The police decided upon excessive force, which resulted in the deaths of five protestors and one police officer. From then, the threat of forced eviction has been continued and till now the fair investigation has not been conducted. We sincerely request UN Special Rappoteur on Human Rights and Housing’s visit.




□ Background

1. On the 20th of January, at Yongsan, a district in Seoul, Korea, five protestors who were asking for the appropriate compensation of housing and livelihood were killed in the forced suppression of their protest.

2. Until now, either fair investigation of its incident has not been scrutinized or the punishment of its people in charge has not been made. The development of Yongsan 4 zone is in process of; tenants and their companions whom stood against for forced eviction were walked off or penalized as confinements . Besides, aftermath of its incident, laws regarding to development have revised for worse. We appeal you to visit Korea and see these devastating situations.

□ The Suppression on Yongsan Tenants and its Resistant

3. The Police’s blocking on Assembly and Memorial Service and Violence.
After the Yongsan incident, the artifacts to commemorate it were displayed around Nam-il building. Also performances, various cultural events, mass, one demonstrator’s strike which demanding for fair investigation and penalizing of people in charge took places. However, the police destroyed these artifacts and took away tents by using sickle and hammer (May 4th). They arrogated powers as practicing violence to protesters whom resisted on removal of tents.

Even though New Jinbo party and Democratic Labor Party have asked to the Police for permissions of demonstration every Saturday, the Police disapproved all of them as its strike has a potential hazard of becoming violent strike. Despite of the rights of peacefully assembly enumerated on the constitution, the police prescribed all strikes regarding to Yongsan incident as illegal ones.

4. Arbitrary arrest and detention of Strikes’ participants.
Since the police have prescribed all festivals and assemble relating to Yongsan unlawful, hundreds of people are under arrest, search, seizure and imprisonment. 11 people including 6 watchtower strikers, 4 members from the Federation Against House Demolition, 1 the Yongsan Committee member arrested, more than 300 warrants were issued for nonrestraint prosecution.
The police put charges of the violation of the Law on Assembly and Demonstration, the Breach of the General Transportation on Penal Code, obstruction of the performance of official duties. They even walked university student whom just visited to cherish former President Roh off. (March 7th, April 30th) They are also accusing people as confirmed demonstrators.

5. Suppression on the Federation Against House Demolition, the Yongsan Committee
After Yongsan incident, the ruling party criticized and described the Federation Against House Demolition as a terror organization of urban center, and tried to incapacitate them by passing ‘prohibiting third person’s intervention’. The police seizure the Federation Against House Demolition’s head office and arrest their member, made an immediate arrangement of the chairman of the Federation Against House Demolition, Nam Kyungnam. They also repressed the Yongsan Committee that organized by many human rights association to help Yongsan incident. The co chairman of the Yongsan Committee, Lee Jong Hwoe, Park Rae Kun are currently under search, an executive of the Yongsan Committee already got arrested. They also seized and search emails and servers in Jinbo network center’s office where the Yongsan Committee’ homepage server are located. During its process, not only the contents of homepage but also the private information of citizens whom logged on homepage have revealed. The police took all the Yongsan Committee’s emails, records of logging on, members’ information.

6. Yongsan 4 zone’s continuous demolition.
Only 51days after its incident, on March 11th, the demolition has resumed at 7:30PM. There were fierce struggles between policeman of three companies belonging to Yongsan police station, hundreds of service company employees and tenants. While service company employees were fencing around Nam il building on May 20th, bereaved families and members of the Federation Against House Demolition who protests against their movement were walked off. At 7:20AM on May 20th, a hundreds of people concerned Yongsan police station and district office, service company employees stormed to remove a paper goods store by force. During its process, a priest from Catholic Priests Association for Justice was suffering from verbal violence and assault and mass was stopped for a while. Besides, an executor on that day neither did disclose himself nor practice due process.

□ The Crippled Trial of Yongsan Incident

7. Refusing to make public of their investigation records.
Even though the trial of Yongsan incident has started, the prosecutions are doggedly rejecting to make public full version of investigation records. The defense attorneys requested other 3000pages of reports out of 10,000’s yet refused on March 26th. In spite of court’s decision, the prosecutions still do not allow to give them to lawyers on April 23rd. The defense attorneys argued that not making critical reports public is huge violation of rights of having fair trial. They appealed for challenging the court (May 15th), but dismissed on June 2nd. Many people are worrying about how fairly and impartially this trial will lead to disclose the real state of affairs of Yongsan incident. The prosecutor authorities also suppressed people whom object to them. When press conference of claiming to make reports public was held, the lawyer and bereaved families were under arrests (May 14th), when they were visiting to the Supreme Prosecutor’s Office, and asking a meeting with people in charge, they were incarcerated in elevator and walked off to police station (June 4th)

□ Undesirable Amendments of the Development Laws

8. As the amendment of Built Environment Renewal Development Act was passed, there was a little change over law and system regarding to development on May 27th. It also contains drawbacks to tenants.

9. First of all, the criteria of tenants’ measure became fastidious.
Because tenants’ measure in Korea only qualify few tenants whom dwelled from certain point of time, it always point out. Yet, the contents of the amendment advanced date, it excluded more tenants than ever. Because payment standards on right of living in rental house and expenses of transferring house were shifted ahead, only tenants whom lived at least 5 or 6 years became the subject of resettlement measure. As yet, 60% of tenants are receiving the benefits of resettlement measure. However, we assume that this number will lessen by adjusting new policy.

10. Also the house owners undertake the responsibility to provide resettlement measure, not the public association as it was in the past. In Korea, tenants only have couple of years to guarantee possession, and if house owner deny extending lease, there were no way to confront. With new amendment of law, we expect that there will be more evictions of tenants qualified for settlement’ measure by their house owner during development.

11. On the other hand, the Urban Dispute Coordination Committee will be founded. The party who claimed for ‘prohibiting third person’s intervention’ suggested this new committee. We concern that there might be chance of excluding third person who might be collectively responsible to tenants without considering tenants’ stances. We has to watch with eyes

□ Our Requests

12. We request a letter of concern to the Korean government. Yongsan tenants are calling for a fair and reliable fact-finding investigation. We hope Korean government to recommend the principle of banning forced eviction and establish proper alternatives for providing temporary moving measures ahead of tenants’ forced eviction in order to protect the principles of human rights.

13. We request that the enterprise, urban redevelopment operator, and the state follow the obligations contained in the Covenant: (1) the enterprise has the responsibility to ensure the participation of affected people in the procedure of a redevelopment plan; (2) The government and association have a duty to establish broad resettlement measure in order not to intervene of rights of living in development work. (3) To not commit violence, e.g. by security personnel to induce involuntary removal or to evict;

14. We request the Special Rappoteur to investigate the Korean government’s forced evictions and human rights violations, to address the needs of the tenants of Zone 4, Yongsan, as an urgent action, to provide urgent salvation.










[Appendix 1]

The suppressed situation of the Yongsan Committee (As of May 31st)

■ Arrest: 11 People(6 watchtower demonstrators, 4 the Federation Against House Demolition , 1 the Yongsan Committee)
■ Wanted: Nam Kyungnam(The chairman of the Federation Against House Demolition), Others including Lee JongHoe, Park Lae Kun(the co-executives of the Yongsan Committeecommittee)
■ Issuing summons: more than 300
■ Repress memorial ceremony by the Yongsan Committee: illegalized 13 weekends’ memorial ceremony, blockade. 100 illegalize candle lit vigil.

▲ Feb 5 ?rode Mrs. Sin Suk Ja, wife of dead Han Daesung, Mrs. Yu Youngsuk, wife of dead Yoon Yonghun who planning to have demonstration to Sunchunhang Hospital by force. Bereaved family got injured during forced transmission
▲Feb 11 - National Assembly Secretariat, refused bereaved family to participating hearing of interpellation
▲Feb 16 ? The Prosecution, indicted chairperson, Lee chungyeon a day before legal imprisonment’s deadline
▲Feb 21- The Police, removed a hanging picture that located outer walls of Namil building. Employees from Horam Corporation installed fence around building to intercept memorial site. The policemen and service man employees practiced violence together and injured two tenants by hitting their chest with shiels; Mrs. Roh, 53years old and Mrs. Suk, 58 years old. They went to emergency room
▲Feb 23 ? The Police, Yongsan district office pillaged and removed property including artificial memorial. 80 years old tenant got injured, two went to emergency room.
▲Feb 23 ? The Executive of the Federation Against House Demolition. In Taesoon was taken to the police by force
▲Feb 24 ? South Korean Prosecutor, summoned Kim Youngkeun, Kim Sunghwan who were hospitalized
▲Feb 26 ? arrested The executive of the Federation Against House Demolition, In Taesun
▲March 7 ?took civilians who were marching peacefully to the police indiscriminately glossed over by police violation and wresting of wallet
▲March 18 ? seized the Federation Against House Demolition office and tried to take members of the Federation Against House Demolition.
▲March 20- arrested Kim Taeyeon fromthe Yongsan Committee in front of sunchunhang hospital and took him to the police.
▲March 23 ? issued warrants of arrest to co-executives of committee
▲March 26 ? The Prosecutions decided to exclude a trial what civilians can participate
▲April 2 ? Remove candle lit memorial and the portrait of patriot
▲April 9 ? The Association of the Yongsan 4TH zone urban environment improvement project demanded 872.2million won of indemnification for damage by suspecting illegal occupation and interrupting removal to bereaved family and the Federation Against House Demolition. (6 bereaved family and 20 tenants were accused)
▲April 22 ? opening a trial of 9 tenants under the obstruction of the performances of offical duties, beginning to the sit-in strike at the place of Yongsan incident. Mrs. Yoo Youngsook was wounded in arm
▲April 24- abandoned demonstrators’ strike
▲April 27- arrested Chung Samre
▲April 28 ? arrested chief of office of the Federation Against House Demolition Chang Younghee
▲April 30- arrested 38 university students and a member from the Federation Against House Demolition who mediated between them. They sexually assaulted a member of the Federation Against House Demolition and attacked 2 bereaved family
▲May 8 ? plundered tents and priest Moon Junghyung bled badly
▲May 14 ? Mrs Sin Sukja, the wife of dead Han Daesung fainted in front of the prosecutors’ office. Arrested 7 people including lawyer Kwon
▲May 20 ? took Mrs. Cheon Jaesuk who cried out against service company employees and his son. 7 members from the Federation Against House Demolition’s also were arrested
▲May 29- Assaulted priests, Moon Chunghyun and Lee Kangseo
▲June4 ? Incarcerated bereaved family who requested to make 3000 pages of report public in elevator for an hour and took them to the police station, indicted without detention. Mrs Sin suk ja fainted and hospitalized.


[Appendix 2]
The 5th written request of the Yongsan Committee (announced on April 8th)

1. The president of the South Korea should fully realize Yongsan incident and apologize to the dead, bereaved family and people.

- No one expresses condolence to the dead and bereaved family including the president of Korea. The president and Lee’s administration have to show respect and deep regret about Yongsan incident. Also they have to take a responsibility to what they’ve done.
President Lee’s apology will become the cornerstone of changing governments’ attitude to solve Yongsan incident.


2. Introduce the special prosecutor’s system to penalize person in charge and disclose the real state of affairs.
- The prosecutors’ result of instigation is compulsorily adjusting to conclusion of tenants are guilty and the police are innocent. We cannot approve its clumsy results.
- The government must disclose the truth and introduce special prosecutors’ system to
Inflict punishment

3. Enact special law to compensate the dead and bereaved family’s emotional and physical damage.
- The special bill must contain the context below.
One, the practical plan to recover all victims’ fame
One, the plan to compensate to all bereaved families (including funeral cost and measure for living)
One, provide medical care to the wounded, aftereffects and other various matters to recover to the original state.
- The early release of people under restraints must go side by side with a proposal of special bill.

4. Reform all laws and system regarding to redevelopment and establish measures to support Yongsan 4zone’s tenants
- Immediately stop redevelopment that resumed in Yongsan 4 zone.
- Provide living and moving measures to tenants’ of temporary stores and leased stores of Yongsan 4 zones.
- Deal legally with all service company employees’ who used violence within Yongsan 4 zone
- Deal legally with all absurd of redevelopment association in Yongsan 4 zone. Investigate all close relations between government office and construction corporations and service Company.
- The government and regional government, the National Assembly must reform all laws and systems of Newtown redevelopment plan.

5. The government must immediately stop coercion about the Federation Against House Demolition and the Yongsan Committee
- The government must immediately free imprisoned tenants and stop targeting investigation to downfall the Federation Against House Demolition.
- The government must ensure peaceful memorial ceremony organized by the Yongsan Committee and observe all articles of guarantee the freedom of assemble and petition enumerated on the constitution