Case History: Sang-gyun Han
On 21 May 2018, human rights defender Sang-gyun Han was released from prison after serving two years and six months.
On 12 December 2016, following an apppeal, Sang-gyun Han's sentence was reduced from five to three years in jail, with a fine of 500,000 won (405 euro). The court dismissed charges related to the May Day rally held in 2016.
On 11 July 2016, the prosecutor in the case against human rights defender Mr Sang-gyun Han appealed the ruling of the Seoul Central District Court, seeking a more stringent punishment for the role he played in various rallies and demonstrations in 2014-2015. On 10 December 2015, Mr Sang-gyun Han was arrested at the Jogye Temple in Seoul, in relation to the Sewol ferry protests he had helped organise in April and May 2015.
Sang-gyun Han is the leader of the Korean Confederation of Trade Unions (KCTU), the representative organisation of Korean workers and of the trade union movement, committed to advancing workers' empowerment through economic, social, and political reform, and the overall democratisation of the country. Sang-gyan Han was one of the organisers of the Sewol ferry protests, which were held in April and May 2015 to commemorate the first anniversary of the Sewol ferry sinking that killed more than 300 passengers.
On 21 May 2018, human rights defender Sang-gyun Han was released from prison after serving two years and six months.
Sang-gyun Han is the former leader of the Korean Confederation of Trade Unions (KCTU), the representative organisation of Korean workers and of the trade union movement, committed to advancing workers' empowerment through economic, social, and political reform, and the overall democratisation of the country.
He was arrested on 10 December 2015 for organising and participating in the Sewol ferry protests in April and May 2015. The protests took place to commemorate the first anniversary of the Sewol Ferry Disaster, which killed more than 300 people. In January 2016, charges were brought against him for his role in the protests and for leading the peaceful ‘People’s Rally’ against the government's push for a labour reform in November 2015.
Front Line Defenders welcomes the release of human rights defender Sang-gyun Han, as it believes he was unjustly imprisoned for his peaceful and legitimate work, as well as exercising his right to freedom of expression and right to freedom of assembly.
On 11 July 2016, the prosecutor in the case against human rights defender, Mr Sang-gyun Han, appealed the ruling of the Seoul Central District Court, seeking a more stringent punishment for the role he played in various rallies and demonstrations in 2014-2015.
Download the Urgent Appeal (PDF)
On 4 July 2016, the Seoul Central District Court handed down a five-year prison sentence to Sang-gyun Han, finding him guilty of, among others, causing an injury to a public official (Article 144(2) of the Criminal Code), obstructing the discharge of duties by a public official (Article 144 of the Crimnial Code), the destruction of public goods (Article 141 of the Criminal Code) and obstructing traffic (Article 185 of the Criminal Code). During the court hearing, the prosecutor sought an eight-year prison sentence for the human rights defender, due to his leadership role within the trade union and the the wider labour movement in South Korea. On 8 July 2016, Sang-gyun Han appealed the ruling of the Seoul Central District Court.
The arrest of Sang-gyun Han took place on 10 December 2015, at the Jogye Temple in Seoul, where he had spent a month in hiding. A month later, on 5 January 2016, official charges were brought against the human rights defender on eight different counts. The charges stemmed from the leadership role that Sang-gyun Han had played in the peaceful ‘People’s Rally’ on 14 November 2015 and the Sewol ferry protests in April and May 2015. The People’s Rally included members of KCTU, along with farmers and civic groups, who protested against the conservative government's push for a labour reform and against state-issued history textbooks. The Sewol ferry protests were organised to commemorate the first anniversary of the Sewol ferry sinking that killed more than 300 passengers. On both occasions tear gas and water cannons were used against demonstrators, resulting in dozens being injured. Following the protests led by KCTU, criminal procedures were launched against 585 of its members, 20 of whom were placed in custody and seven are currently awaiting verdicts.
In June 2016, the United Nations Special Rapporteur on Freedom of Peaceful Assembly and of Association, Mr Maina Kiai submitted a report to the UN Human Rights Council concerning in particular the case of Sang-gyun Han. The Special Rapporteur stated that “charging assembly participants with certain criminal offences, such as the general obstruction of traffic, de facto criminalises the right to peaceful assembly”.
Front Line Defenders urges the authorities in South Korea to:
1. Immediately and unconditionally release Sang-gyun Han and quash his conviction as Front Line Defenders believes that the criminal sentence handed down to Sang-gyun Han was solely motivated by his legitimate and peaceful work in defence of labour rights;
2. Stop the criminalisation and judicial harassment of labour rights defenders, including of the members of trade unions for actions undertaken as part of their peaceful and legitimate trade union activities;
3. Guarantee in all circumstances that all human rights defenders in South Korea are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions.
On 10 December 2015, Sang-gyun Han was arrested and taken to Namdaemun Police Station. He was charged with violating the Assembly and Demonstration Act and the General Obstruction of Traffic (Article 185 of the Criminal Code) related to a number of protests which he organised in April and May of this year to protest against the Sewol ferry sinking.
After the protests, Sany-gyun Han was summoned for questioning, but the human rights defender failed to appear, and an arrest warrant was issued on 23 June. Sang-gyun Han went into hiding in the KCTU offices for a number of months, then moved to the Jogye Buddhist Temple in Seoul city centre, and sought refuge there for around 25 days.
In South Korea, many human rights defenders have sought refuge in religious buildings when facing threats. Police surrounded Jogye temple and attempted to forcibly enter it on 9 December. After a long negotiation with the Jogye Buddhist monks, Sang-gyun Han decided to voluntarily leave the temple on 10 December. He was immediately arrested and taken to Namdaemun Police Station, where he remains to be detained, for questioning.
Police are also considering charging him with inciting violence during an anti-government protest on 14 November which included members of KCTU, along with farmers and civic groups. If convicted, the human rights defender could face up to 10 years in prison and a financial penalty of up to 15 million won (approximately 11,500 Euros).
