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APPENDIX 'E'
WE OPPOSE THE ENACTMENT OF THE CAMPUS STABILIZATION LAW
The Korean government and the ruling party have proposed to enact a new law under which students found guilty of participating in "anti-government" activities would be sent to special detention centers for up to six months for "ideological reorientation." When we saw a draft of this "Campus Stabilization Law" we could not suppress our surprise and shock. The enactment of this law would not only cut short the possibility of democratization through dialogue, but also accelerate the tendencies toward confrontation, hatred, antagonism and dissolution in our society. We cannot contain our indignation because this law reveals the political intention to uproot all democratic campus activities and movements for democracy in our country under the pretext of stabilizing the campuses. We, the Protestant and Catholic Churches of Korea, whose mission it is to protect and uphold the dignity of human beings and basic human rights, resolutely oppose the enactment of the Campus Stabilization Law, which would become a tool for the extensive suppression of human rights. With this statement we bring to light the true meaning of this law.
1. The intent and motivation of the Campus Stabilization Law are impure.
The excuse put forward by the government for the enactment of the Campus Stabilization Law is the prevention of a "left-wing, pro-Communist student movement." But when one looks at the contents of the bill it is clear that it has another purpose. According to the bill, "rehabilitation education" can be ordered not only for those charged with violating the National Security Law, but also for those charged with violating the Criminal Code, the Law on Assemblies and Demonstrations, the Anti-Violence Act and the Law on Possession of Firearms and Explosives. Students who are not involved in any way in pro-Communist or left-wing activity can still be subject to this law. Moreover, ordinary citizens found guilty of "fabricating and disseminating false rumors" or "distorting the truth" may be imprisoned for up to seven years even if there is no evidence that they were involved in pro-Communist or left-wing activity.
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Thus, despite the pretense of the prevention of pro-Communist and left-wing student activity, the true intent, purpose and motivation of this proposed law cannot be clearer: If enacted, this law would prohibit all forms of political dissent on university campuses and throughout society. The freedom to express opinions critical of this regime would be completely eliminated.
2. Protective custody measures applied to political opponents cannot be tolerated.
Students accused of violating the Law on Assemblies and Demonstrations will be made to appear before a 11-member Student Guidance Education Committee which can sentence them, without trial, to undergo "rehabilitation education" at special detention centers for up to six months of "ideological reorientation." Contrary to what the government's propaganda claims, this violates Article 11 of the Constitution which states that only a court of law can impose punishments involving physical detention. Yet the government exposes it crude, stupid and dangerous mentality by also inserting a provision allowing for "protective custody" of up to 15 days, during which time students can be interrogated by the police. This protective custody measure amounts to unlawful detention and would be a violation of a person's basic rights and freedoms. Such a measure should be restricted to use for drug addicts, the mentally ill and those who cannot be responsible for their actions. Instead it will be a tool for the suppression of criticism and democratic forces. Thus this law is illegitimate and unconstitutional.
Whether or not the students have violated the law is a matter to be decided in a court of law rather than by a "quasi-judicial" body. And whether through protective custody measures or under any other name, no measure that deprives a person of the right to receive a fair trial should ever be allowed.
3. "Rehabilitation education" through the use of violence is a direct threat to the dignity of human beings.
No one can seriously believe that forced ideological indoctrination will be able to change the political opinions, beliefs and convictions of university students. Yet that is what the government hopes to achieve through "rehabilitation education." This is not education in the true sense of the word, which involves dialogue and persuasion. Rather, it is intended
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to break the students' beliefs and convictions about democracy through violent force, humiliation and physical and mental pain. This reminds us of the notorious "Sam Cheung Education" program instituted after the present government took power in 1980.
Reorientation would take place at facilities chosen by the Ministry of Education and would be conducted by the Ministry with the "cooperation of other governmental agencies." It is clear to us that the forces of violence, under the cloak of national security, will be targeted directly at the consciences and faith of the student detainees in an attempt to destroy their dignity as human beings created in the image of God. Those who are subjected to savage, barbaric and violent force will be driven to the inferno of hatred, desolation and despair. We absolutely cannot keep silent when faced with the prospect of such a grave situation unfolding before our eyes.
4. The Campus Stabilization Law, which would restrict freedom of expression, is a complete denial of the sovereignty of the people and the basic democratic order.
The Campus Stabilization Law would not only suppress students who criticize the government; any citizen charged with the following acts could be punished under this law: the propagation or teaching of "anti-state thoughts or ideologies; " the production, printing, importing, copying, transportation, promulgation, sale or handling of writings that express such thoughts or ideologies, the "fabrication and dissemination of false rumors" or the distortion of truths; or simply attending a gathering at which "anti-state thoughts or ideologies" are taught or discussed. The law would severely restrict the activities of campus and off-campus organizations that have some student members. Thus the possibility exists for an unprecedented wholesale suppression of the freedom of expression and religious activities. Not even the severe emergency decrees that seized the society under the Yushin Constitution were as wide-ranging in their repressive potential.
In expressing publicly through this statement opinions critical of the government, we will not escape the punitive actions that hang over us as a result of the loosely defined provisions of the proposed law that make it a crime to "spread false rumors" or "distort the truth." The Campus Stabilization Law totally ignores the fundamental principle of "nulla poena sine lege" (principle of legality) which demands concreteness and precision in
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the definition of criminal laws. The proposed law is designed to control arbitrarily the actions and expressions of criticisms of the democratic movement. This law is a proclamation of the government's intention to remove the people from the position of sovereignty in order to rule with absolute power. By proposing this law the government is issuing an open and public challenge to the sovereignty of the people and the basic democratic order.
We hereby declare that we will devote all our efforts to the fight against this law, which we will oppose until it is withdrawn from further consideration.
17 August 1985
Korean
Catholic
Chairperson, Yu Hyeun Suhk
National
Council of Churches in
Chairperson, Cho Yong Sool