오늘의 출연자

• 진행 : 김희순 간사 (참여연대 사법감시센터)
• 초대손님 : 서기호 변호사 (19대 국회의원, 전직 판사), 한상희 교수 (건국대 법학전문대학원)

참팟 73회 / 법원 특집

참팟 권력감시 특집 3부, 법원 개혁에 대해 이야기 나눴습니다. 

1부에서는 지금 한창 문제가 되고 있는 '법원 블랙리스트'가 말하는 법원 구조의 문제, 사건의 배경와 앞으로의 전망, 2부는 '법'을 바로 세우기 위한 법원 개혁의 과제와 앞으로에 대한 기대에 대한 이야기 입니다.

'판사는 법으로 말한다'는 법원. 이명박근혜 정권 이후의 법원은 어떻게 달라져야 할까요? 참팟과 함께 같이 고민해 보세요.

법원 특집 1부 - 법원 블랙리스트, 왜 문제일까?

* 플레이어가 보이지 않는 경우 : https://goo.gl/DmqtvD (팟빵에서 듣기)

* 아이튠즈로 듣기 : https://goo.gl/kARiVu

법원 특집 2부 - 법원의 법은 무엇인가?

* 플레이어가 보이지 않는 경우 : https://goo.gl/iQ4RfC (팟빵에서 듣기)

* 아이튠즈로 듣기 : https://goo.gl/ix7fak

같이보기

• [판결비평 국정농단특집①-최순실] 국정농단 주범은 엄벌, 재벌엔 관대... 사법부 절반의 심판
• [판결비평 국정농단특집②-이재용] 박근혜 겁박 희생자? 이재용은 국정농단 공범
• [자료] 이재용 판결문 1, 2심 전문
• [성명] 대법관들, 의혹 부인이 아니라 대국민 사과부터 하라
• [자료] '법관사찰' 관련 법원 추가조사위원회 조사보고서 전문 공개
• [논평] 김명수 대법원은 사법개혁 거침없이 나아가길

Tongin Newsletter, November 2015

Happy participation, Heartwarming solidarity _ This month of the PSPD

● Presented bills that must be passed or rejected during the last general session of the 19th National Assembly 

▶ All activity groups of the PSPD participated to select 37 legislative agendas and policies in 10 sectors and presented them on 19 October for the 19th National Assembly to pass or reject at the last general session. Especially, PSPD urged to pass bills concerning to help people’s lives including [Housing Lease Protection Act] and reject retrogressive revisions such as [Labor Standard Act] which would worsen labor conditions.
 

● ‘The Rulings Reading Club’ is being held successfully
▶ The Judiciary Watch Division of PSPD held the first gathering of the Rulings Reading Club. The first ruling chosen was the decision of the Eastern branch of Busan Court made October last year. It confirmed for the first time that the Korea Hydro and Nuclear Power Company was responsible for the cause of malignant tumor of thyroid gland broke to a resident living nearby Gori nuclear power plant.

● ‘Eul (the weak)’s ballot is in progress nationwide by both on and off line.
▶ A ballot is in progress throughout the nation asking Euls of our society whether labor policy of Park Geun-hye government is a reform or retrogression. Labor policies in question are easy dismissal, extension of irregular working terms and disadvantageous change of wages and working conditions. More than thousands ballot booths are set up in streets, offices including the PSPD office. 

● Joint Press Conference of civil society on retrogressing labor policy of Park Geun-hye government and Saenuri Party
▶ The people are swiftly acknowledging that changing labor law of Park Geun-hye government and Saenuri Party is said to be a reform but in fact retrogression. NGOs, members of the Civil Society Organizations Network in Korea have a consensus to stop the change and held a joint press conference on 21 October. They expressed great concerns on retrograding labor laws unilaterally pushed by the government and Saenuri Party.

● Park Geun-hye’s policies on low birthrate and ageing society are not bearable
▶ On 19 October, the government announced the third basic plan for low birthrate and ageing society. However, the plan found the cause of low birthrate from late marriages and suggested measures based on the traditional family concept failing to acknowledge fundamental problems of social inequality and sexual discrimination. Even further, people could not help themselves from sneering and getting angry when the state voluntarily to be a matchmaker. The government is ignoring the reality that social inequality, polarization, young unemployment and hard livelihood are real hindrances which make dating and getting married difficult. No one would agree the responsibility of late marriage is on the young and the people.

● Filed a lawsuit against dominant CGV for the public interest 
▶ The Minbyun, Youth Community Union, and Campaign for Anyone with Stable Life of PSPD gathered in front of CGV, Daehakro branch on 22 October to announce the commencement of a lawsuit for the public interest in regard to playing commercial films in cinemas irritating and stressing viewers. CGV has earned more than 81 billion won in 2014 from forcibly playing advertisements without a notice or consent of viewers. PSPD filed a lawsuit together with 26 youth plaintiffs and claimed return of unfair earnings and compensation to correct and stop a market leader CGV from playing an actual movie about 10 minutes later than the time written on a ticket in order to play commercial films. Last February, PSPD has reported unfair trade acts of movie theaters and urged the Fair Trade Commission again to take an instant action to correct it.  

● Criticizing double stances of Korean government on Japan’s plan to become a military giant and allowing Japanese Army into Korean Peninsula
▶ Recently, the change of Japanese security policy towards re-militarism and military giant has become a huge concern to both Asian and global citizens who love the peace. Far-right politicians in Japan do not hide their intention to dispatch Self-Defense Forces to Korean Peninsula. Our government is supposed to respond actively but rather shows double stances deepening worries to the people. Moreover, a suspicion was raised that the government concealed a conflict at the Korea-Japan Military Minister talk on 20 October. Japanese Defense Minister said effective sovereignty of South Korean government applied to southern part of DMZ disagreeing an interpretation of South Korean Defense Minister that Japanese Self-Defense Forces is required to request or have an agreement of South Korean government when enters to North Korea. Hence, the Center for Peace and Disarmament urged the government on 22 October to take a clear stance to oppose disabling the Peace Constitution of Japan and pursuing collective self-defense. Korean government should actively respond to Japanese actions towards far-right threatening the peace of Korean peninsula and the world. 

People Power! 
This month of the PSPD
 

Information Release! What you should know before voting

PSPD has defined the 20th Assembly Election as the judgment and conversion, and released must-know-information for voters to make a right decision.
It has listed 37 lawmakers who representatively proposed 59 bad bills of the 19th Assembly and published an issue report <Who has proposed bad bills during the 19th Assembly?> on 13 March. It was followed by <The second half of the 19th Assembly, vote results of step stone and hurdle bills> on 16 March which examined who voted for or against 7 step stone bills and 12 hurdle bills that have passed the Assembly. <Remarks and attitudes of lawmakers of the 19th Assembly for major issues of Korean society> was also presented on 22 March that their comments and actions were described in detail in respect to interfering Sewol Ferry disaster investigation, defending National Intelligence Service’s involvement in the Presidential Election and opposing its reform, government-led national history textbook, beautifying the agreement between Korean and Japanese government on comfort women, and supporting unqualified candidates for government officers at hearings.    

Policy proposal <We vote to the hope> 

A certain figure can give a hope but PSPD would like to give a priority to policies. PSPD has written a series of articles <We vote to the hope> from 9 March at an internet media <Oh My News>. In prior to this, it presented <52 policy assignments to look into at the 2016 General Election> on 7 March, and proposed them to each parties and asked to reflect in election promises.  

Campaign to check provision of my communication data 

After Terror Prevention Act passed the National Assembly, it has become an issue that the National Intelligence Service, the police and the prosecutors are checking a personal and telecommunication data of a certain telephone number through mobile service providers. PSPD has dealt the problem of ‘Provision of communication Data’ seriously since 2010 that NIS has collected personal information of a telephone number and a writer of online post from mobile and internet service provider such as Naver under the excuse of investigation.

PSPS organized a civil campaign in February asking the citizen to check if their telecommunication data (identification) have been submitted to NIS or the police and has resumed it together with Korean Confederation of Trade Unions and the Jinbo Network. This can be done by contacting online customer service center of each provider and making a request. If provision to NIS or the Police is confirmed, please let PSPD know. A legal action will be taken to inquire the reason.
 

Published a Prosecutors report on three years of Park Geun-hye administration

PSPD published <Prosecutors report on three years of Park Geun-hye administration> on 23 March. It is the 8th on prosecutors since the first one was released in February 2009 at the first year of Lee Myung-bak administration.
 

Appealed problems with the Terror Prevention Act to the UN Human Rights Council 

Representing 52 Korean civil society organizations, PSPD and Minbyun participated in UN Human Rights Council held in Geneva, Switzerland on 10 March and spoke about problems with the Terror Prevention Act. The speech was made during a bilateral talk with a special rapporteur on counter-terrorism. They asked a rapporteur to recommend the Korean government to dispose the Terror Prevention Act and stop abusing the authority of the NIS.   
In addition, a resolution on the protection of human rights in the context of peaceful protests was made so that PSPD has sent a joint letter with human rights defender organizations in overseas to UN human rights council member states urging to pass the resolution.

Presented the first issue report on household debt 

Household debt problem is getting worse both in quantity and quality but the government is not actively doing something to resolve it. Therefore, PSPD presented <Household debt issue report Ⅰ, is household debt manageable?> on 22 March to judge if a decision of the government has been right.

 
‘Korean Peninsula Peace Forum’ was held to find peaceful measures for military dispute

The peace has disappeared from the Korean peninsula because of South-North dispute started early this year, closure of Gaeseong industrial complex and large scale military drills of both sides. Meanwhile, the first <Korean Peninsula Peace Forum> was held on 21 March at the Seoul Press Center in which religious groups and civil society have participated. PSPD supports the forum with administration.

It is a temporarily co-operation set up to find peaceful measures to resolve military confrontation and dispute in Korean peninsula and the Northeast Asia. The participants of the first forum presented a statement asking to stop all armed protests and start a peace talk. It also emphasized denuclearization of the Korean Peninsula including North Korea’s giving up of nuclear weapon development and working for a peace agreement in order to settle down Korean Peninsula crisis.
 
 

People Power! This month of the PSPD

 How hot will it be this summer? The elderly living in a back room alone would have to fight with hot summer. I hope no villages suffer from heavy rain and flood. Everyone stays healthy and has less trouble during the summer. Getting strength from your support, PSPD has carried out various projects in June, beginning of the summer.
  

Suggested bills and policies for the 20th National Assembly 

PSPD has been active to make the 20th National Assembly get closer and care for the people. On 26 May right before it’s opening, PSPD has organized urgent agendas and published 69 bills to enact and 15 policies for the 20th National Assembly to deal with during the term. It held a press conference on 30 May, the first day of the 20th National Assembly in front of the National Assembly emphasizing five the most urgent agendas as follow. 
△ Secure the term and authority of the Special Investigation Committee for Sewol Ferry in order to find the enough truth △ Hold a hearing to find the truth for humidifier sanitizer disaster and improve the system to prevent △ Abolish NIS reform and Terror Prevention Act △ Reform the Housing Lease Protection Act to ease the burden of housing cost and stabilize the housing including setting the upper limit of deposit and rental fee △ Hold a hearing for Parents Union Gate in respect to the Blue House’s control over far-right organizations. 
Five agendas to make the National Assembly get closer to the People were also presented.
 

“Assembly and Demonstration must be held where a counterpart can see and hear”

The current law on assembly and demonstration was made during Park Jeong-hee administration. It seems made to regulate rather than secure the right to assemble and demonstrate. Representatively, the Article 11 prohibits assembly and demonstration within 100 meters radius from boundary of the National Assembly, 100 meters from the Blue House, 100 meters from all levels of courts, 100 meters from the residence of the Prime Minister where in fact,  have to pay more attention to the voice of the people. Even small rallies less than 10 people and silent demonstrations are not allowed. During Park Jeong-hee administration, demonstrations within 100 meters from provincial governments and railway stations were also prohibited. Should we say ‘what a relief!‘ that those were abolished now?

PSPD has set up an internal <Task Force to secure the freedom of Assembly and Demonstration> for the purpose of responding more systematically and with consistency to infringements on the freedom to Assemble and Demonstrate. The first goal is to reform the Article 11 that it presented <In which cases the Article 11(places prohibited) has applied?> on 20 June and held a discussion on the next day in cooperation with a lawmaker Park Ju-min and Lee Jae-jeong.

As far as it is peaceful, no nations like UK, Japan, US and Canada do not prohibit assemblies. Assembly and demonstration must be held where a counterpart can see and hear and we will try to make it happen.

Delivered the status of human rights infringements in Korea to the UN Human Rights Council

UN special rapporteur on freedom of peaceful assembly and association has visited Korea in January. PSPD and human rights organizations have explained the situation of infringements on the freedom of assembly and association and requested an attention to the UN Human Rights Council. After the return, the special rapporteur conducted an investigation and presented an official report on Korea on 17 June at the 32nd Session of the UN Human Rights Council. The report has listed cases of government’s oppressions over citizens’ assemblies and commented that “It would undermine everything that the Republic of Korea has achieved to date”.  

PSPD has formed a delegation with representatives of human rights organizations in Korea and participated in the 32nd session which was held from 13 to 17 June in Geneva. Especially, the delegation thoroughly explained the case of Baek Nam-ki who has been struck by merciless water cannon during the rally last November and still in coma to UN special rapporteur and authorities. In front of UN headquarters in Geneva, they held a rally demanding to ban the use of water cannon in assemblies and demonstrations and urging for release of Han Sang-gyun a president of the Korea Confederation of Trade Union (KCTU) and KCTU members who have been arrested for organizing a demonstration.
 

Meal treats, gifts and cash contribution for congratulation or condolence, the upper limits set to ₩30,000, ₩50,000, ₩100,000 respectively

The law to prohibit asking unjust favors, known as ‘Kim Young-ran Act’ will be enforced from September. It has passed the National Assembly last March and detailed enforcement ordinance would be finalized soon. Since the notice for enactment is released that upper limits public servants can receive are set to ₩30,000 for meal treats, ₩50,000 for gifts and ₩100,000 for cash contribution for congratulation or condolence, corporates, farm and dairy industry and food and beverage industry have raised their voice of opposition. They ask to raise limits and exclude farm and dairy products from a gift list for public servants insisting that domestic consumption would shrink and producers would be threatened. Not only their argument is exaggerated but also efforts to root out bribery and corruptions will fail if their demands are accepted.

On 21 June, one day before advance notice for a new bill was closed, PSPD has met vice chairperson of the Anti-Corruption & Civil Rights Commission at his office in Sejong City and asked not to step back. In this meeting, Young Korean Academy, YMCA Korea and other organizations which have worked for anti-corruption have joined. Online petition is in progress to sustain amount limits and not to allow exceptions since 13 June. It will continue until the cabinet council confirms the enforcement ordinance. You may participate in online citizen petition campaign at PSPD website.     

 
Search and seizure on PSPD members, must have surprised you.

On 16 June, the Intelligent Crime Team of the Seoul Metropolitan Police Agency directed by the Supreme Prosecutors Office conducted search and seizure on Ahn Jin-geol, a co-secretary general of PSPD, Lee Jae-geun, a head of Policy Planning division and civil society activists who worked for the General Election Network of Citizens. It has insisted that the Network violated the Election Law by conducting and releasing a result of a survey without registering to the National Election Commission. The survey was to ‘Select 10 worst candidates’ and the authority regarded it as opinion poll which enabled to predict political party support rate and winners

Furthermore, it has argued that ‘loser tour’ press conference was also a violation. They were held to inform a candidate of being listed in defeated candidates outside their offices but names of candidates were not shown on banners and pickets complying to the law. 

What they insist are absurd because they are not facts. The National Election Commission officers were present at ‘loser tour’ press conference sites. Any potential violations were consulted in advance. There was no warning on violation of the law from the authority until press conference was completed.

One fortunate thing is that PSPD activists and lawyers protected materials and information unrelated to General Election Network activities including PSPD private resources and member information when the police searched desks and computers of Ahn and Lee. PSPD will stop unfair and unreasonable investigation of the prosecutors and the police. Even if prosecuted, it will do the best to get a decision of innocence at court. Activities of voters should not be regarded as illegal followed by punishment. Furthermore, PSPD will take this occasion as a chance to reform the Election Law for Public Officers which oppresses voters’ actions. 
    
 

People Power!
This Month of the PSPD
 
 

PSPD is putting more efforts on many activities that it has been carrying out this year. More than 500 citizens have come to the PSPD anniversary on 6 September to give support. PSPD will always be within and with the citizens.

Victory for a public interest lawsuit against the police for interfering with the march, order of disperse and excessive evidence collecting 

PSPD has won a lawsuit for public interest again. At the first memorial of Sewol Ferry disaster on 16 April last year, PSPD and its members marched from PSPD secretariat office building to Seoul Square cherishing the deceased. When the march tried to meet bereaved families of Sewol Ferry disaster near Sejong government complex in the course, the police blocked, unreasonably ordered disperse and illegally took photos of the scene. Hence, Ha Tae-hoon, co-president and full time activists of PSPD sued the police for public interest to compensate ₩ 500,000 per person and the Judge Yim Jong-hyo of the Seoul Central Court decided to pay ₩ 300,000 based on following grounds.  

△ The course of the march was partly changed but it was small and the reason coincided with the purpose of the march △ There seemed no direct danger on the public order and security so that the disperse order of the police was not justified △ Despite of unlawful order of disperse, the police encouraged taking photos of the scene unnecessarily to pressurize the participants. Police of the Republic of Korea, please have some respects for citizens!  
 

Fear on continuous earthquakes, special measure is required for nuclear power plants
Continuous earthquakes have brought the fear in Korean peninsula. PSPD seriously concerns about the fear of earthquakes and the safety of nuclear power plants. Especially, the ‘Joint Action for nuclear free society’ in which PSPD participates held an emergency press conference “The outbreak of the biggest earthquake, nuclear power plants are dangerous” on 13 September. It said the risks are high because the earthquake on 12 September broke out in Kyeongju where nuclear power plants were densely located. It stressed out that Korea is no longer safe from earthquakes and thus we have to accept the danger signal, establish safety measures and break away from nuclear centered power policy. When another earthquake hit Kyeongju on 19 September, PSPD held an urgent press conference and released a joint statement “Continuous earthquakes, we demand the right to security” criticizing the government for failing to predict and prevent disasters, and urged to prepare a special measure for the safety of the people.  

Growing suspicions on corruptions of the Mir and K-Sports Foundation
Unbelievable corruption scandal has broken out. The Jeon Du-hwan administration established an absurd foundation “Ilhae” to forcibly collect contributions and regular bribes from large corporations abusing its power. Circumstances exposed on Mir and K-Sports Foundation are showing similarities with Ilhae. Growing suspicions are the involvement of close aides of the president Park Geun-hye, and breach of trust and bribery of Chaebols. Particularly, it is one of the serious scandals that Choi Soon-sil, a closest aide behind the curtain of the President Park and Ahn Jong-beom, senior secretary for policy coordination have deeply involved in establishment and management of Mir and K-Sports foundation. The investigation has to find the facts and bring the responsible to justice.
If it is found to be true that Ahn pressurized the Federation of Korean Industries to make contributions to fund-raising, it is obviously abusing the power of the government and that is, misfeasance. The acts of forced contribution of corporations are highly regarded as a breach of trust and bribery. If Choi truly intervened in human resources and management in general having the authority of the president on her back, it is misusing the authority for personal interest so that it should be treated strictly. As PSPD has devoted to the State power watch and Chaebol surveillance, it will do its best to find the truth of the case.    

Problems are found in both procedures and contents of ‘Dismissal based on performance’ system 

Park Geun-hye government constantly attempts to retrograde the labor law during the term. Recently, it made two guidelines to enable dismissal of low performers and ease criteria for changing rules of employment (working conditions). It is additionally pushing for applying ‘Annual salary based on performance’ system to the public sector. In doing so, it has violated restrictions on dismissal described in the Constitution and the Labor Standard Act, and procedures for preparation and amendment of employment rules. Problems are found not only the procedures but also in contents itself. ‘Annual salary based on performance’ system is in fact, dismissal based on performance since the performance in the public service area can’t be scored. It is to facilitate to classify low performers and eventually to fire them for making labor unions of the public sector and basic labor rights lose their powers. If public service collapses, damages will be all on citizens. The people should be able to use public service safely and at reasonable cost but the situation will come out the opposite. Hence, public sector unions resisted with general strikes at the end of September, and PSPD and the civil society have supported and worked together with them.      

Finally, Oxy Reckitt Benckiser officially apologized 

On 20-23 September, the Special Committee of State Administration Investigation for Oxy disaster and victims of humidifier disinfectant have carried out protests internationally. They visited the headquarter of Oxy Reckitt Benckiser in the UK to appeal and held a rally in front of the residence of British Prime Minister. They also went to the Serious Fraud Office to report Oxy for criminal charges and had a meeting with the Consumers International, an international consumer alliance in order to seek cooperation. Just then, Rakesh Kapoor CEO of Oxy Reckitt Benckiser officially apologized on 23 September. Therefore, the responsibility of the British headquarter is admitted and clear that Korean prosecutors should promptly summon, indict and bring them to justice. The National Assembly needs to extend the state administration investigation period because the Special Committee hasn’t even completed finding the truth phase. Including outcomes of activities in the UK, it has to complete its initial objectives; finding the truth, measures for compensation and specific measure to prevent reoccurrences. PSPD will closely work with the National Network for Humidifier Disinfectant Disaster in order for Punitive Damages Compensation, Collective Action Lawsuit, Punishing Corporation for serious disasters and revision of Chemical agents related legislations.

The baton passed from the movement for half tuition fee to abolishment of entrance fee 

The movement has commenced to abolish entrance fee of approx. one million won which is levied to new university students without any ground. PSPD held a press conference on 12 September in front of Sejong government complex for requesting a meeting with an Education Minister with open inquiry in respect to entrance fee. On 22 September, another press conference was held at the National Assembly to inform that entrance fee issue was reported to the Fair Trade Commission and it urged to pass the revision of the Higher Education Act. Educational foundations including Korea, Dongkuk, Hongik, Hanyang and Kyunghee University were reported respectively for abusing market dominance and unfair conduct (forced provision of benefits) of levying university entrance fee. On the other hand, the Youth PSPD reported Choi Kyung-hwan, a former deputy prime minister (current lawmaker of Saenuri Party) eight months ago charging him for illegally and unfairly provided a job for his close aide at the Small and Medium Business Corporation. It was proved that the Youth PSPD was right. The president of the Small and Medium Business Corporation testified at a court that Choi directly pressurized and asked for the position. The prosecutors must investigate Choi right away and punish him with strict standard.

Prosecutors started to summon General Election Net

There are ceaseless oppressions against the 2016 General Election Network of citizens (General Election Net).The police briefed an investigation report on 13 September concerning 22 activists of the General Election Net and forwarded the case to the prosecutors with an opinion of indictment. With no delay, the prosecutors summoned four main activists. Ahn Jin-geol, co-secretary-general of PSPD (co-chairman of the General Election Net) and Lee Gwang-ho, a secretary-general of the Incheon Peace and Welfare Solidarity appeared at the prosecutor’s office on 22 September and held a press briefing insisting ‘Why the General Election Net is innocent’. They protested with silence during interrogation of the police and prosecutors. On 28 September, Lee Jae-geun, a head of Policy Committee of PSPD and Lee Seung-hoon, a secretary-general of the Civil Society Organizations Network in Korea also appeared at the prosecutors. The General Election Net and PSPD will get a decision of innocent so that oppression and harassments of the power against voters’ movements do not repeat. 
 
  
Sewol Ferry Special Act must be revised

PSPD and civil organizations sincerely wish the victims of the Sewol Ferry disaster rest in peace and hope for those were on board but haven’t found yet to come back to their family; Danwon high school students (Jo Eun-hwa, Heo Da-yoon, Nam Hyun-cheol and Park Young-in), Danwon high school teachers (Yang Seung-jin and Ko Chang-seok) and other passengers (Kwon Jae-geun, Kwon Hyuck-soo and Lee Young-sook). 
PSPD is working hard with no pause for finding the truth of the Sewol Ferry disaster and preparing measures to prevent other disasters. On 21 September, it joined in a press conference announcing intensive activities for revision of the Sewol Ferry Special Act in front of the main gate of the National Assembly. It hasn’t stopped taking a part in the rally at Gwanghwamun Sewol Ferry Square. Now, the President Park Geun-hye and the Saenuri Party attempt to terminate the process of finding the truth and activities of the Sewol Ferry Special Committee as of the end of September. However, the National Assembly composed of bigger opposition parties does not seem to take any clear action to stop it. In order to secure enough time for the Special Investigation Committee to find the truth and appoint a special prosecutor for the disaster, the Sewol Ferry Special Act must be revised. 

People Power!
This month of the PSPD

The year 2017 has come. I wish you a happy New Year and hope you share blessings with neighbors. People tend to forget past years when a new year comes. I guess that is because to receive a new year with fresh mind. However, I wish the atmosphere of 2016 continues in 2017.

We have witnessed corruption and injustice through the Park Geun-hye - Choi Soon-sil Gate. PSPD will do the best to break them up and bring the fever and passion of citizens demonstrated in streets and daily scenes to correct Korea. Please give us a concern and support.   

2016 Whistle Blowers for public interest

<2016 Whistle Blowers for Public Interest and Righteous Citizen Awards> was held on 2 December in the warm and friendly mood. The Righteous Citizen Awards of PSPD was established in 2010 for the purpose of praising courage of whistle blowers for public interest who contribute to correct lies and wrongdoing by reporting corruption, waste of budget, and unconscionable acts to concerned authorities, the press or civil organizations. Candidates recommended by various fields were reviewed and six were selected for the awards. They were awarded with a plague and prize.

The awardees of 2016 include two chosen by PSPD who informed mass infection of hepatitis type C outbreak in Dana clinic, Kim Jeong-mi who reported Inganwon, a facility for the handicapped for subsidy embezzlement and violence against the handicapped and Cho Han-jun who reported starch producer Shinsong Industry for using rotten flour. Choi Sung-jo raised suspicion that Korea United Pharmaceutical falsely claim pharmaceutical costs and Kim Cheol-woo reported former president of Suwon Women University for embezzling school administration expense.
 

Urgent action to open the National Assembly Square to the public
Any citizen of Korea should be able to watch resolution process of impeachment and deliver opinions to lawmakers in person at the National Assembly on the day. Nevertheless, people were not able to watch the resolution of impeaching Park Geun-hye closely at the National Assembly Hall on 9 December. Starting on 6 December, PSPD is carrying out a campaign to collect citizens’ signatures urgently demanding to open the National Assembly Square to the public. It also presented a statement urging to open and a press release introducing cases of other countries.

PSPD has been demanding it for a long time. In 2013, it carried out a project campaign <Open National Assembly, Communicate Politics>and already presented a report how front courts of national assembly were used in overseas. Even though our demand was not responded this time, PSPD will continue this activity.    

A Forum <Desirable procedure of Impeachment trial> held

The National Assembly has accepted demand of the people and decided to impeach the President Park, and the Constitutional Court has set its hands to judge the impeachment. In regard to impeachment trial, there are issues to look into such as the nature and procedure of trial, evidence standard and criminal charges. Therefore, PSPD held a forum <Desirable procedure of impeachment trial> on 21 December in cooperation with Political Party Law Research Center of Korea University and Democratic Legal Studies Association. In the forum, Han Sang-hee, a law chool professor of Konkuk University, Kim Seon-teak, a law school professor of Korea University and Seo Bo-hak, a law school professor of Kyunghee University explained the nature and procedure of impeachment and spoke about their own opinions.

<Allegations and subjects Special Prosecutors must investigate to find the truth>
On 16 December, PSPD pointed out limitations of Special Investigation which has probed Park Geun-hye Choi Soon-sil scandal for monopolizing the state administration, and listed and presented a written opinion <Allegations and subjects Park Young-soo, a special prosecutor must investigate to find the truth>. Main suggestions include △ Kim Ki-choon, a former chief secretary for aiding, abetting and assisting Park and Choi to monopolize the state administration △ Woo Byung-woo, a former chief secretary for civil affairs for aiding, abetting and assisting Park and Choi to monopolize the state administration △ Economy and Politics Cronyism and bribery between Park Geun-hye and Chabeols. △ Park Geun-hye for dereliction of president’s duty in regard to the day Sewol Ferry sank and Hwang Gyo-an for concealing the responsibility of the government.

PSPD has opened the secretariat office for citizens

to rest who came to Gwanghwamun square to protest

The secretariat office of PSPD is located in the midway from Gwanghwamun square to the Blue House. While candle rallies and march demanding Park’s resignation were held despite of cold weather, PSPD has opened its office for protesters on 3 and 10 December. They were able to use toilets in the basement 1 and the 2nd floor and hot coffee was served for free to citizens passing by PSPD building thanks to anonymous contribution of coffee for 2,000 serves. We would like to convey gratitude to the supporter.    

Presented policy paper for direct election for director of district prosecutor office
PSPD presented policy paper <Direct election for director of district prosecutor office by residents – Strengthening democratic control over omnipotent prosecutors> on 1 December. It introduces a measure for direct election and suggests to elect 18 directors by residents and to entrust them with general authority on regional affairs.
PSPD has studied measures of democratic control over prosecutors since 2008 and started to insist direct election since 2010. As soon as the 20th National Assembly opened in last August, PSPD held a discussion to suggest direct election at the National Assembly and heard views. Park Geun-hye and Choi Soon-sil gate has raised worries of politicians and the people regarding the reform of prosecutors and they started to pay more attention to what PSPD has suggested. Hence, PSPD will make more chances to explain and promote direct election of directors, and earn more public supports.  

Open Park Geun-hye Gate investigation timeline site

PSPD has been recording probe status and outcome of the Special Investigation Team continued after prosecutors and opened a website on 5 December for citizens to be able to check timeline anytime on the internet. It is made to facilitate the people to choose useful and effective information while the people get lost in flooded information. I hope the site helps citizens to check status and development of the investigation.

Petition campaign for damage compensation lawsuit against the National Pension Service

PSPD has submitted a petition of 12,000 for damage compensation against the National Pension Service to the government in cooperation with Public Pension for All and other organizations on 14 December. It requests to take legal action against authorities who badly influence the National Pension Service to support succession of the Samsugn Group management. In the course of Samsung C&T and Cheil Industries merger in July 2015, Lee Jae-yong, a vice chairman of Samsung Electronics gave bribes to Choi Soon-sil for his succession and Hong Wan-sun, a head of investment management of the National Pension Service and Moon Hyung-pyo, former welfare minister supported Lee despite of causing damages to the Pension Service. They have been already reported for bribery, breach of trust and misfeasance and subjects of a probe. However, besides applying criminal charges, citizens as a member of the Service have the right to request damage compensation. The Pension Service, people’s security for declining years must not be unfairly misused again.
 

Public interest Litigation obtained a permission to march up to 100 meters from the boundary of the Blue House
On 3 December, Citizen Action for Park’s Resignation marched to 100 meters from the fence of the Blue House. The Citizen Action for Resignation has complained that the decision of the police to prohibit or conditionally permit rally and march on 3 December was unfair and Seoul Administration Court has admitted it and ruled to secure rally and march up to 100 meters from the Blue House. Consecutively for five weeks, the Public Interest Law Center of the PSPD has tried to get provisional disposition of suspension of execution for weekend rallies and it also took care of this suspension of execution case.

However, no rally and march are still allowed within 100 meters radius from the boundary of the Blue House because the Article 11 of the Act on Assembly and Demonstration defines it as imperatively prohibited area. Unconstitutionality of prohibiting assembly and demonstration within 100 meters radius from boundary of the Blue House, National Assembly and residence of a prime minister is under review and PSPD also has requested lawmakers to revise the Article 11.
 

People Power 2017
This month of PSPD
 

PSPD’s 23rd Anniversary reception was held on 14 September and more than 400 members and citizens have come to celebrate. Once more, it was the time to bear in mind what PSPD as a civil organization exists for. ‘What citizen’s dream will come true’ as the motto of the anniversary reception says, PSPD will work hard to make members and citizens dream for the better society and the more peaceful world. The first anniversary of the candle revolution is around the corner. PSPD will do the best for the candle revolution started with the first action of the people on 29 October last year in Cheonggye square to advance democracy and improve real daily life of ordinary people. We hope you have fruitful and great Chuseok holiday and autumn.  

 
The facts of Beak Nam-ki, a deceased farmer case must be investigated this time

On behalf of the government, a Prime Minister Lee Nak-yeon made a formal apology on 19 September in respect to the case of Beak Nam-ki, a deceased farmer who was stroke and dead by water cannon shot by the police. Lee defined the case as abusing entrusted power given by the people and took a life and said to conduct complete investigation and ask legal responsibility. Furthermore, he promised to reform system and culture to prevent same kinds of unfortunate accidents. It seems late but what has to be done. PSPD released comments right after the apology and urged to find the truth, punish the responsible and improve the system to prevent further cases. No one should become a victim of government’s violence any more.  

‘National Network for people to lead constitutional revision (provisional)’ established

While special committee for constitutional revision in the National Assembly is touring across the nation to hold discussions on revision of the constitution, civil societies have established preparation committee <National Network for people to lead constitutional revision> after having discussions for two months. What the network emphasizes is to secure actual participation of ordinary citizens in revision process and the contents should be oriented to increase not only basic rights but also social and economic rights. PSPD will try to respond well to constitutional revision issue which could seriously affect the future of Korea.

Allies with KBS and MBC union to straighten up public broadcasting

From midnight 4 September onwards, KBS and MBC unions have gone on strike urging to straighten up public broadcasting and overnight rally is being held every Friday. From hundreds to thousands of people participate in rallies shouting ‘MBC, KBS! Please come back’. PSPD also released a statement supporting actions of unions and is joining in Friday rallies. The strikes of two major broadcasters sparked empathy of the people that various fields of our society said to support and fight together demanding to return public broadcasting service back to normal which have been destroyed by Lee Myung-bak and Park Geun-hye administration. Civil Candle Revolution can be completed by rooting out corruptions and malpractices. Most of all, the press which have deceived and disguised the eyes and ears of the people must be cleaned off. Wish for the victory of ‘MBC, KBS! Please come back’

Court rules to disclose special activity expenses of the National Assembly 

PSPD won another important lawsuit for public interest. Seoul Administrative Court ruled that “special activity expenses of the National Assembly needs to be disclosed in terms of satisfying people’s right to know and securing transparency and legitimacy of lawmakers’ activities. Rejecting an argument of secretariat office of the National Assembly that disclosing special activity expense account would harm important benefit of the state, the court pointed out there is no check and control over from budget allocation to execution that it needs to open the expenditure to the people in principle.

Hence, PSPD urges the secretariat office to accept the court’s decision and transparently disclose it. In relation to this, there is ‘Committee to promote giving up lawmakers’ privileges’ under speaker of National Assembly and PSPD also requested the speaker in October 2016 to prepare measures to decrease special activity costs and increase transparency of execution. The secretariat office should try to abolish special activity account or clearly open how it is spent if truly necessary to execute.

Condolence to Cho Young-sam, an advocate of peace who opposed THAAD and the war

Cho Young-sam set fire to himself and died on 20 September. He left a letter protesting against THAAD deployment for US Army in Korea and appealed to realize the peace in Korean peninsula and proper reform. Together with National Action to stop THAAD deployment in Korea, Seongju residents Committee for THAAD withdrawal from Sosung, Kimcheon citizens Committee for No THAAD deployment, Won Buddhism emergency Committee for protecting Seongju, Daeju and Gyeongbuk Committee for No THAAD deployment, Busan Ulsan and Kyungnam Committee, Seongju Struggle Committee for THAAD withdrawal, Won Buddhism Civil Society Network, PSPD presented a condolence statement on 20 September expressing deep sorrow for such a mournful incident. They also held a press conference and demanded to withdraw THAAD deployment to both Korea and US governments.

On the other hand, it was the 400th day on 24 September since Kimcheon residents started candle rally against THAAD. PSPD activists and members also held a candle rally in Seoul on the same day. THAAD threatens the peace in Korean Peninsula and Northeast Asia and there is no benefit but harm. Hence, PSPD will continue fighting to withdraw THAAD deployment. Once more, we would like to pay condolence to Cho Young-sam who tried to be priming water for THAAD withdrawal and the peace.

Request to investigate corrupted recruitment of public organizations and punish the responsible

A scandal frustrating the young Korean occurred again. The Board of Audit and Inspection announced the result of inspecting governance and human resource management of public organizations on 5 September and said more than 100 people have been unjustly hired to public organizations. Especially 493 out of 518 got a job at Gangwon Land by improper solicitation and the Hankyoreh Daily exposed it on 11 September. It has been found that secretaries of Kwon Seon-dong, a lawmaker of Liberty Korea Party have been recruited at Gangwon Land and Mine Reclamation Corporation and a suspicion rose for a niece of Lee Jeong-hyun, a former president of Saenuri Party for getting a job at Korea Aviation Industry by the backdoor.

While thousands of young people are having trouble in finding a job, young job seekers would deeply feel lost and deprived. Hence, Youth PSPD urged to investigate it strictly and punish people involved in requesting and accepting recruitment favor including Kwon Seon-dong and Lee Jeong-hyun, and reported them to the prosecutors jointly with Youth Union and other youth organizations on 25 September. The Youth PSPD has reported Choi Kyung-hwan, a lawmaker of Liberty Party Korea last year who illegally requested pubic corporation to hire his interns. Corrupted recruitment solicitation must be rooted out.

Joint Action for Political Reform submitted a petition to appeal three agenda and eleven tasks regarding to politic relation law

“Politic! Please listen to what people say!” <Joint Action for Political Reform> consisted of 422 labor, civil and social organizations nationwide presented three agenda and eleven tasks on 12 September and submitted a petition accordingly to the National Assembly Law. In the petition, the Joint Action argued that impeachment of a president proved that political system needs to improve fundamentally. Keys of representative democracy are election law and political party law associated with that election law that democracy cannot be realized without having the right system. In addition, it suggested three agenda including reforming the election law as people demand, diversity and increasing female participation and expanding the right to participate making everyone’s politic possible.

In terms of reforming the election law as people demand, it suggests followings △ Adopt mixed member proportional voting △ Increase number of seats of lawmakers without budget increase △Secure proportionality for local government council △ Adopt runoff for presidential and local governor elections. Regarding to diversity and expanding female participation, proposals are as below. △Mitigate political party establishment conditions and acknowledge local political party △strengthen female proportion system, △ Abolish numbering party, and lower down deposit of candidates and election costs conservation level. In respect to ‘Expand the right to vote to make everyone’s politic possible, followings are recommended △Secure the right to vote and eligibility for election to age 18 or older, and guarantee political activities of the youth, △Secure the right to expression of voters including abolition of Article 93 of the Election Law, △Guarantee basic political rights for teachers and public servants, △ Secure the right to vote including extending voting hours.
 

People Power 2017

This month of PSPD

December has already come. Though winter is cold, I believe that you have lots of warm memories for this year. A former president Park Geun-hye, a culprit of monopolizing national administration has been arrested by the power of a great civil candle revolution and Lee Jae-yong, a vice chairman of Samsung is in prison after being sentenced for 5 years at the first trial. Cleaning out deep-rooted evils and corruptions are in process and still there are many things to be done since conservative and privileged people in power systematically disturb the process.

Nevertheless, we have to keep walking the long path towards righteous and fair society bravely and decisively.

PSPD will do the best even on the last day of the year.

Discussion held in respect to the 4th and the last recommendation of UN Committee on Economic, Social and Cultural Rights to Korean government

UN Committee on Economic, Social and Cultural Rights (CESCR) has conducted deliberation and given the 4th and the last recommendation to Korean government on 9 October. It has been in 8 years since the last recommendation was made in 2009. It is very meaningful in a sense that the committee inspected status of Korea and provided specific measures for improvement. Hence, a forum <Significance and measures to realize recommendations of UN CESCR> was held on 20 November at the National Assembly by National Human Rights Commission of Korea which have involved in deliberation process and ‘NGO groups to respond to UN CESCR’s recommendations’.

Court supported PSPD’s appeal and ordered the police to compensate for interrupting Sewol Ferry memorial march

In April 2015, PSPD has taken a legal action against the police for damage and compensation in regard to giving unlawful order to dismiss the memorial march which was held to remember the 1st year of Sewol Ferry disaster. Seoul Central District Court upheld PSPD’s appeal confirming the ruling of the first trial on 22 November and decided compensation of 300,000won each to 22 activists and executives of PSPD. It said, even though a part of march took place not in the course reported in advance, it does not make the whole march illegal. It is the confirmation of leading cases of the first trial and supreme court that the police was not supposed to order dismissal as far as march has neither direct threat or/and harm to other’s benefit, nor protection of the law or/and public order and safety. The police should not waste judicial resources by appealing but admit its responsibility. Furthermore, some alterations must be allowed and accepted in terms of march route and hours different from what are being reported in advance so that rallies and marches do not get interrupted or unfairly dismissed.

Urge Paris Baguette to hire bakers directly

Recently, it became a big issue that Paris Baguette has employed more than 5,000 bakers at business outlets nationwide in the form of illegal dispatch. Labor and Social Committee of PSPD is actively participating in a solidarity of more than 60 organizations <Civil and social committee to settle down Paris Baguette’s illegal dispatch and to secure labor rights of the youth labor> and urging Paris Baguette headquarter to accept direct employment measure of the Ministry of Employment and Labor as soon as possible.

Who owns DAS? Corruptions and allegations on a former president Lee Myung-bak must be investigated promptly

People are paying attention closely to corruptions and illegal conducts of a former president Lee myung-bak including DAS scandal. There are various allegations from political manipulation carried out by National Intelligent Service and cyber commander of the Army to serious economic crimes such as tax evasion, embezzlement and breach of trust. 

In particular, a special prosecutor Jeong Ho-young has confirmed that borrowed-name accounts are belong to DAS. As Article 5 of Real Name Financial Transaction Act states, all deposits in those accounts are assets not under real name so that interests and dividend income were supposed to be taxed at the rate of 99% including local tax. If weren’t, it still can be done now. Furthermore concealing offshore accounts are connected with following violations and crimes in general. ▲ Tax evasion under「Punishment of Tax Offences Act」▲ Violation of obligation to report overseas financial accounts under「Adjustment of International Taxes」 ▲ Violation of obligation to report foreign currency transaction under「Foreign Exchange Transactions Act」 ▲ Tax evasion under「Aggravated Punishment on Specific Crimes Act」 ▲ Flight domestic property under「Aggravated Punishment of Specific Economic Crimes Act」 and 「Act on the prevention of Flight of Domestic Property ▲ Accepting and Concealing criminal property under「Regulation and Punishment of Criminal Property Concealment」. PSPD has been shocked by endless list while listing up allegations on MB related financial allegations. Therefore, PSPD urges authorities for comprehensive and complete investigation including prosecutors, National Tax Service, Ministry of Strategy and Finance, Financial Service Commission and Financial Supervisory Service.  

Preparatory Committee for Civil Peace Court to find the truth of civilian massacre by Korean military during Vietnam War

A press conference to establish preparatory committee for <Civil Peace Court to find the truth on civilian massacre by Korean military during Vietnam War> was held on 21 November at the Press Center. The Committee pointed out that in spite of allegation has been raised for the last 20 years that Korean soldiers killed civilian, there have been no measures taken to find facts followed by responsible actions. It also explained the plan to hold civil peace court in Seoul next April when the massacre becomes 50th year in order to bring the issue to the public and clarify legal responsibility of Korean government.

At the Civil Peace Court, plaintiffs would be civilians killed or hurt by Korea soldiers during Vietnam War and their bereaved families. Defendant would be Korea in the form of reparation by the state. Holing a court is expected to result followings. Strict standard (facts) will be applied to judge civilian slaughter and the value of the peace will be spread out through recalling true faces of Vietnam War which is regarded as the most unjust war in the late 20th Century (Peace). Admitting misconducts, giving sincere apology and taking all responsibilities (Honor) would make people to think about mature Korean Society. As Korea asks Japan to take legal responsibility concerning sex slaves for Japanese Army, Korea has to admit its faults and make an apology.

10th anniversary event for ‘School of youth activists for public interest’ 

It has been ten years since ‘School of Youth Activists for public interest’ started by youth intern program in 2008. 412 young people have participated in the youth intern program and the activist school (20 sessions in total), and more are waiting to participate this winter. It was great to see graduates at the anniversary event on 25 November.

Prosecutors demand severe punishment for 22 activists of 2016 General Election Network at the first trial for violating the Election Law.

Prosecutors demand from eight-month term in prison to fine of one to five million won to 22 activists of 2016 General Election Civil Network (Net) at the final trial of the first court on 20 November. National Election Commission reported the Net for violating the Election Law and Prosecutors and the Police excessively seized and searched office and houses on 12 April last year, just one day before 4.13 General Election. Now, they even demand severe punishment for simple participants. Obviously, it is an intention to give pressure to civil society which tried to increase rights of voters and also abuse of authority to oppress people who criticize power holders.

Saenuri party, a ruling power at that time politically offended the Net insisting power behind the curtain and impure political conspiracy. However, it has been revealed that the Blue House mobilized and systematically supported conservative groups and got them to move against rallies and candidates of opposition party in order for them to lose at the General Election. Because the Net carried out voters movements and campaign ‘Don’t vote him/her’ completely by its free will and for the public interests, Park Geun-hye and Saenuri Party did not like how it worked and targeted it. The court should rule that the Net is innocence since their activities had abided the law. Moreover, National Assembly’s special committee for political reform must abolish toxic articles such as article 90 and 93 of the Election Law and slanders against candidates. 

Run PSPD, Fly Democracy!

This month of PSPD

January and February are the period PSPD prepares for a general meeting reviewing past activities and planning for a new year. Naturally external activities and meetings are held at a minimum. Not much as candle protest for impeaching Park Geun-hye was held but PSPD has been very busy since early this year. The keywords of current activities include #Lee Myung-bak, #Lee Jae-yong, #Investigation Agency for High-Ranking Public Servants #PyeongChang Peace Olympic #Recruitment Corruption #Housing Benefit #Paris Baguette # Minimum Wage and #Constitutional Revision.

Investigate a former president Lee Myung-bak as soon as possible

Illegal acts and corruptions of another former president get released every day. One of core issues is who the real owner of DAS is. PSPD has reported Lee and others related last December and provided grounds suggesting Lee Myung-bak is the real owner of DAS. In addition, it presented an issue report criticizing poor investigation conducted by prosecutors and special prosecutors for the last eleven years. PSPD will urge and spur prosecutors to actively investigate various corruptions and allegations about Lee and get to the bottom. 

On the other hand, prosecutors recently informed PSPD that they have decided not to prosecute Lee in regard to secret military alliance with UAE, a serious violation of constitution. Last month, PSPD and 1,382 citizens reported Lee and Kim Tae-young a former defense minister to prosecutors but incomprehensible decision was made without having a single inquiry of accusers. Therefore, PSPD requested a ruling to Seoul High Court one day before statute of limitation expired in order to demand pressing charges.

What distress small business owner more than minimum wage

As soon as minimum hourly wage increased by 16.4% to 7,530 won in 2018, corporates and conservative media have started to put stress on burdens small business owners and self-employers have releasing negative articles on the wage increase. Hence, PSPD held a press conference in the line with Economy Democratization Network and denounced that it would mislead the people to think that small business owners oppose to rate increase itself. However, they said there are other difficulties more serious than minimum wage such as high rate of credit card fees, expensive loyalty to franchiser and agency commission, high margin paid to suppliers, high rent fee and unfair contract with building owners. In addition to raising minimum hourly wage to meet the basic standard of living, PSPD will also work for necessary policies and legislation for desperate small business owners including rooting-out unfair trade with Chaebol and large companies, improving profit share structure between franchisers and franchisees and prevention measure for surging rent fee.

Accused Yang Seung-tae, a former chief justice of the Supreme Court of inspecting judges

PSPD and 1,080 citizens have accused a former chief justice Yang Seung-tae and responsible persons of inspecting judges last January for the charge of abusing authorities. Composing a document of inspecting judges means that National Court Administration which has judicial administration has infringed the independence of judge and trial secured in the constitution. PSPD considers it not tolerable. While there is a deep mistrust on judiciary, the truth has to be found by thorough investigation followed by punishing responsible persons. 

Presented Housing benefit status which fails to protect housing vulnerable class

and suggestions for improvement

It was desirable to abolish duty of supporting family standard from housing benefit scheme but current benefit is not sufficient to protect the right to live for housing vulnerable class. Hence, PSPD has released an issue report stating current status and improvement measures. The report shows that housing benefit paid to households living in private rental house is far less than an average monthly rent (202,000won in 2016) and households who receive benefit of less than 50,000won reaches 13.8%. In the most expensive residential area such as Seoul, 33% of tenants live in a smaller place than minimum dwelling size proving that housing vulnerable class live in a very poor environment. To increase the benefit up to the standard enough to secure the right to live, current rental fee standard also has to be raised and minimum benefit should be guaranteed by the law.

Lee Jae-yong on probation, Lee Geon-hee’s thousands of borrowed-name accounts,

No more generosity to Chaebol 

Judiciary should be ashamed of appeal decision on Lee Jae-yong, vice chairman of Samsung. The second trial said not guilty for most charges reversing verdicts of the first trial ignoring the nature of the case, immoral cronyism between economic and political fields. Decision of appeal court judges of Lee Jae-yong is partly different from judges for Choi Sun-sil trial but bribery charges against Samsung was applied at minimum comparing with Shin Don-bin, a chairman of Lotte Group case. The court regarded that bribes were forced to give or passively delivered. Therefore, PSPD strongly denounced the court’s decision and held an urgent discussion to review the ruling. It posted full text of the first and the second ruling on PSPD’s website for citizens to read and comment.

More than 260 Lee Geon-hee’s borrowed-name accounts under names of 72 Samsung executives were additionally discovered besides what Cho Jun-woong, Samsung special prosecutor and Financial Supervisory Service found. Proper investigation on endlessly borrowed-name accounts must be carried out and the responsible persons should be punished accordingly by the law. Furthermore, PSPD urges to inspect National Tax Service for not levying taxes properly, and swift taxing and examining Lee Geon-hee for eligibility as a major shareholder should follow.

Urged to continue to cease military actions in Korean Peninsula after Pyeongchang Olympic

Taking Pyeongchang Olympic as an opportunity, military tension in Korean peninsula has disappeared and talks have started. North Korea shows strong will to improve South-North relationship and Korean government is trying hard to make North Korea and US to talk. However, there are worries that tension of military conflicts could revive after the Olympic. PSPD suggested standpoint to Civil and Peace organizations and presented followings. Military actions in Korean Peninsula such as Korea-US military drill and testing nuclear missile of North Korea must be stopped. North Korea and US must talk and negotiate. Demands of Korean civil society for stopping military actions and the peace would be delivered to US administration and parliament and they will jointly work with international peace organizations.

Experience solidarity and cooperation while resolving Paris Baguette illegal dispatch matter

Problems with Illegal dispatch of Paris Baguette issued last year have been resolved that non-regular workers union and Paris Baguette headquarter have reached an agreement on 11 January. It became settled within two months since Civil and social organizations Committee in which PSPD participated was formed in last November. They failed to agree on direct employment by the headquarter but there have been solidarity and cooperation among concerned subjects from discussing various ways of employment that requires guarantee of the headquarter till reaching the agreement. PSPD has also made big contribution in the process and submitted a letter of opinion in respect to reform of Employment Insurance Act which Ministry of Labor and Employment announced to legislate. Regarding the bill prepared by the government, PSPD comments that increasing unemployment benefit from 50% to 60% of average wage and extending payment period (30 days) meet strengthening security but there should be considerate approach in setting the lowest limit to 80% of minimum wage because almost 70% of recipients would get the lowest benefit. 

External pressure on investigating Kangwon Land’s corrupted recruitment,

the reason why Special Investigation Agency is required.

Even though most citizens support for establishing special investigation agency for high-ranking public officials, it is not making any progress because Liberty Korea Party hinders. Judicial Reform Special Committee was passed the National Assembly last year for the purpose of discussing the set up but it has wasted time doing nothing until agreement was made between ruling and opposition party to receive reports from five government agencies including Ministry of Justice, Supreme Prosecutors Office and National Court Administration for one month starting from 23 February. Moreover, the Minjoo Party looks incompetent to stop boycott of Liberty Korea Party.

PSPD started signature campaign to make the Judicial Reform Special Committee to work and get the National Assembly to pass the bill of establishing investigation agency. While there is a high demand for reform of prosecutors’ office, Ahn Mi-hyeon, a prosecutor at Chuncheon office has exposed that there was external pressure on the investigation of Kangwon Land’s corrupted recruitment. She was asked to delete the list of evidences on which Kwon Seong-dong, Yeom Dong-yeol from Liberty Korea Party and the name of chief prosecutor at that time appeared. Names like Choi Jong-won, a chief prosecutor of Chuncheon Office and Kim Soo-nam prosecutor-general are also mentioned in this case. Suspicions have been consistently raised for poor investigation and politicians and prosecutors jointly tried to cover it up. These clearly explains why investigation agency for high-ranking official is required in deed.

PSPD is demanding to find the truth through state inspection or special prosecutors if someone connived at Yeom and Kwon,and there were external pressures. PSPD has filed a claim for damage compensation last December and started to protest against Liberty Korea Party lawmakers including Kwon and Yeom who asked unfair favors to Kangwon Land and commercial banks in which 22 cases of unfair recruitment have been confirmed. Youth PSPD and various youth organizations strongly denounced corruptions in front of KEB Hana Bank which has the highest number of wrong recruitment cases and demanded to withdraw unfair employment and revived victims. They also held a press conference urging prosecutors to carry out strict investigation and give a reasonable punishment.

Urge to adopt Universal Children’s Allowance

Finally, Health and Welfare Committee of the National Assembly passed the bill to give child benefit excluding top 10% income household. The Ministry of Health and Welfare said to push forward for universal benefit but failed to get agreement from oppositions including Liberty Korea Party. A welfare system which separates tax payers and recipient is not sustainable. It did not consider administrative waste and hindrance to social integration which would be caused by excluding top 10%. In respect to this, PSPD and many childcare institutions and organizations are consistently demanding the government and the National Assembly to adopt universal children’s allowance as promised at the last presidential election. In coming general election, citizens will be informed of parties and politicians that are in charge of distorted child benefit.

This Month of PSPD

January/February 2020

Inquiry of exercising and preparing active stockholder’s rights of National Pension according to stewardship code

In July 2018, as the Ministry of Health and Welfare adopted “Principles on Institutional Investor’s Fiduciary Duties”(Stewardship Code), it announced that by 2020 all preparation for active stockholder’s rights would be ready. However, the ministry has been maintaining a passive attitude toward the backlashes against the code from the business sector. The National Pension hasn’t responded even though HYOSUNG, DAELIM, and other groups have engaged in continuous embezzlement and breach of trust. On the contrary, it has been making worrisome decisions like transferring the voting rights to consigned operators that are not free from the influences of the major companies. 

With regard to this, the Center for Economic and Financial Justice has openly inquired about the Ministry of Health and Welfare, and the National Pension Service’s performance, preparations, and future plans for carrying out stockholder’s activities according to the stewardship. The center has also urged the institutions to ask for reforms related to problematic companies, to exercise the veto to problematic director candidate’s serve of consecutive terms, to recommend independent outside director candidates, and to proactively confront the voting rights’ commission. 

The pension funds of the U.S. that stand at the forefront of capitalism are actively implementing stewardship codes. While the business sector is resisting by pointing to this as “pension socialism,” this is ill-naturedness that wants investment but no interference. The voting rights of National Pension are protected by the Commercial Law. In operating the pension, which consists of people’s retirement savings, the business sector should not be the only influential parties among those involved. 

Since there is not enough time to prepare until the regular meeting of shareholders (March of this year) PSPD will also do our best for the Ministry of Health and Welfare and National Pension Service to focus on the establishment and implementation of the stewardship code.

Issue report: Apartments of Seoul - Increased Comprehensive Real Estate Holding Tax in contrast to 2018-2019 market price increase, only 0.8%

Is controversy against “immense” Comprehensive Real Estate Holding Tax reasonably backed? According to the analysis of 24,450 houses that exceed the price of 900 million won per household, the total real estate tax in 2019 increased by 820,000 won from the previous year. The average real estate tax for this year increased by 210,000 won.

While 60% of those objected to this tax is within the section where the tax ratio hasn’t increased through the amendment process of the tax law, the increased tax from these houses is only an average of 250,000 won. Comparing this to how much house prices have increased over a single year, this is absurdly low.

On the other hand, the 4,906 houses that have been traded between Jan and Sept of 2019, exceeding over 900 million won, showed a price increase of 14.35 million won compared to the previous year. The change in the amount of tax was about 670,000 won. The average change in the comprehensive real estate tax compared to the increase in the market price is only 0.8%. 

Even though the comprehensive real estate tax code have been strengthened in 2018, the tax burden is too low to suppress speculative demands for real estate. The Center for Tax Reform will continue to act to prevent real estate speculations and just taxation to unearned income.

Candlelight movement against U.S.’s unreasonable cost of U.S. military presence

https://www.flickr.com/gp/pspd1994/y959i9" style="background:rgb(255,255,255) 0px 0px;color:rgb(102,153,204);font-family:'나눔고딕', NanumGothic, ng;text-align:justify;" title="참여사회 2020년 1-2월 합본호 (통권 272호)" rel="nofollow">https://live.staticflickr.com/65535/49280481112_a4550b1793.jpg" style="vertical-align:middle;" width="500" />

Negotiations on the 11th Special Measures Agreement (SMA) are underway to determine the share of US Forces in Korea in 2020. As reported, the U.S. has demanded ROK pay $5 billion (6 trillion Korean won), which is six times the amount in 2019 (1.04 trillion won). According to the Status of Forces Agreement between ROK and the U.S., the US is responsible for stationary fees, while ROK is to only supply facilities and land. Going further, the U.S. is demanding the spectrum beyond what SMA framework covers: labor costs, logistics costs, and construction costs. 

It has been reported that Washington is asking Seoul to cover U.S. costs for personnel and their families, joint training sessions, equipment operations like THAAD, rotation of deployment, and exercises outside of ROK but related to the defense of the Korean peninsula. This is to pass on the costs of carrying out the global hegemonic strategy, including the costs of the India-Pacific strategy, to Korea. It is a threat to peace in East Asia beyond the Korean Peninsula.

The PSPD Center for peace and disarmament held a panel discussion at the National Assembly last November exploring the fundamental problems of the SMA and ways to deal with the 11th Agreement. In December, civil society organizations including PSPD held two candlelight movements at Gwanghwamun square to denounce the U.S. for imposing unfounded defense costs for the U.S. military presence in Korea.