- Update info:
- 18 May 2018 (Suspended)
- Latest info:
- 1 Feb 2017
- Country:
- REPUBLIC OF KOREA
- Subject:
- Lee Jin-young
Gender: m
- Period:
- 18 Jun 2018
- Distribution date:
- 1 Feb 2017
- UA No:
- 020/2017
Lee Jin-young has been arrested for the online distribution of materials that are deemed, by South Korean authorities, to ‘benefit’ North Korea. Detained since 5 January 2017, the prosecutor has until 4 February to either release or formally charge him.
Lee Jin-young, owner of the online library ‘Labour Books’, was arrested and detained on 5 January 2017 for violating the National Security Law (NSL) after distributing materials that allegedly benefit “anti-government organizations”. Although a court has upheld his continued pre-trial detention for fear that he would “run away or destroy evidence”, the prosecution needs to charge him within 30 days of being detained.
During Lee Jin-young’s arrest, more than 100 books, 10 research documents, a hard drive, and other electronic storage devices were seized by police allegedly for violating the NSL, a law that is consistently used by authorities in South Korea to undermine the rights to freedom of expression, opinion, peaceful assembly or association. Although the seized titles were seen to benefit an “anti-government organization”, meaning North Korea, many of the books can easily be found in public libraries and bookstores.
Lee Jin-young, 67, is an activist who was convicted twice in the 1980s and 1990s under the NSL for organizing study groups on political philosophy during the democratization movement in South Korea. In 2010 he was dismissed from his job as a railway worker and fined for leading a strike, and in 2016 he took part in a 74-day strike. Lee Jin-young could face up to 7 years in prison if found guilty of violating the NSL.
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ADDITIONAL INFORMATION
Lee Jin-young has been arrested and detained for violating Article 7 of the National Security Law (NSL), a vaguely-worded clause that is often used by the South Korean government to detain people who pose no threat to security. Investigations, detentions and prosecutions under the NSL have been used as a form of censorship to intimidate and imprison people exercising their rights to freedom of expression, including individuals accused of publishing and distributing material deemed to “benefit” North Korea. These investigations, detentions and prosecutions have led to violations of the freedoms of expression, opinion and association, particularly among those individuals perceived to be critical of the South Korean government’s policies.
Article 7 of the NSL stipulates punishment for anyone who “manufactures, imports, reproduces, holds, caries, distributes, sells or acquires any documents or drawings or other expression materials” with the intention to “praise, incite or propagate the activities of an anti-government organization,” commonly regarded as the government of North Korea. The words “praise” or “incite” are not defined clearly in the law, and the provision has been arbitrarily used against organizations or individuals who may hold alternative views to the government on various issues, including how to approach North Korea. Individuals discussing issues relating to North Korea on traditional or social media, having meetings on the subject or even just singing North Korean songs, risk criminal investigation and prosecution.
Amnesty International recognizes that every government has the right and duty to protect its citizens, and that some countries have specific security concerns that differ from others. South Korea has special security concerns with regard to North Korea, however these should never be used to deny people the right to express different political views and to exercise their human rights, including the right to freedom of expression as established in international law and standards such as the International Covenant on Civil and Political Rights (ICCPR).
Amnesty International and other national and international human rights organizations have urged the South Korean government to fundamentally repeal or amend the NSL so that it conforms to international human rights law and standards.
UA: 20/17 Index: ASA 25/5532/2017 Issue Date: 24 January 2017
- Update info:
- 18 May 2018 (Suspended)
- Latest info:
- 1 Feb 2017
- Country:
- REPUBLIC OF KOREA
- Subject:
- Lee Jin-young
Gender: m
- Period:
- 18 Jun 2018
- Distribution date:
- 18 May 2018
- UA No:
- 020/2017
Lee Jin-young, operator of the online library ‘Labour Books’, was found not guilty of charges under the National Security Law at the Seoul High Court on 11 April 2018. This verdict was made following an appeal by the prosecution to a ruling on 20 July 2017 which found Lee Jin-young not guilty.
Lee Jin-young, labour activist and owner of the online library ‘Labour Books’, was arrested and detained on 5 January 2017, and officially charged on 3 February, for violating Article 7 of the National Security Law (NSL) after distributing materials that allegedly benefit “anti-government organizations”. Held in detention since his arrest, including periods of solitary confinement, he was finally released on 20 July 2017 after the Seoul Southern District Court ruled that he was not guilty.
Following an appeal to the verdict by the prosecution, a second trial was held at the Seoul High Court and the ruling of not-guilty was upheld on 11 April 2018. While the prosecution can appeal one more time, the risk of the ruling being overturned is considered to be small, and the likelihood that Lee Jin-young may again be detained for exercising his right to freedom of expression is rather low.
No further action is requested from the UA network. Many thanks to all who sent appeals.
This is the second update of UA 20/17. Further information: https://www.amnesty.org/en/documents/asa25/5771/2017/en/
Further information on UA: 20/17 Index: ASA 25/8374/2018 Issue Date: 9 May 2018
