Middle school girl gang-raped by classmates: police

Hankyoreh
March, 30, 2007


Middle school girl gang-raped by classmates: police

Assault underscores need for sex education overhaul, experts say


A group of South Korean male middle school students were arrested for allegedly having repeatedly gang-raped a female classmate on school grounds, sending shockwaves across the nation.

Regarding the alleged attacks, experts say that teenagers are exposed to pornograghic films and images without receiving proper sex education, and thus do not show sensitivity toward sexual violence.


Police said that the sexual assaults began in February, when six male middle school students, all 14, in Gapyeong, Gyeonggi Province allegedly coaxed one of their female classmates, also 14, to a corner of their school playground and raped her.


After the initial assault, the boys allegedly blackmailed the victim, saying that they would tell their classmates what they did if she did not obey them. They later allegedly raped her again in an empty classroom, a school bathroom, and the playing field, among other places around school. She was sexually assaulted by the six boys on six different occasions, police said. The boys sometimes staged scenes they had seen in pornographic films when raping the girl, said police, including the use of sticks and belts.



The alleged several-months-long attacks came to a halt as the girl ended up reporting to her teacher and parents about what had been happening.


Police say the boys have not shown remorse about the alleged crime. "During interrogation, we were shocked that they didn’t show any regret over what they’d done," a police officer said.


According to police, the boys picked the girl because they thought that she would give little resistance. The boys and girl had been classmates for three years. Police said this type of rape will encompass more than just a sex offense charge for minors, as it is alleged to have taken place on school grounds.


Experts blamed increasing sexual attacks of this nature by students on the lack of sex education and easier access to obscene materials.


Lee Hye-ran, a school nurse at a middle school in Seoul’s Yeongdeungpo district, said, "When students who have committed sexual violence are brought into my office for counseling, some say that their female victims also enjoyed the act. Exposed frequently to pornographic videos, they tend to ignore the suffering that victims of sexual violence must have felt, only to imagine that the women felt the same way as the men did."


Park Hyeon-hui, an executive of a youth culture center, said, "These days, youth do not feel inhibited about expressing their feelings toward the opposite sex, including holding hands and kissing each other in public. But it has reached a serious point." She continued, "[Some young students] play something called the ‘king game,’ where the loser has to do whatever the king orders - which can include sexually inappropriate demands. In other instances, boys take photos up female classmates’ skirts and pass the pictures to their friends, or grope female classmates’ backsides or breasts. Such a factor of sexual violence in their culture makes them desensitized to such offenses," Park said.


Currently, the government orders middle schools to administer sex education for ten hours every year, but no school follows this rule, sources said. School nurse Lee emphasized the importance of such education in reducing in-school sex offenses, saying that those teenagers that did not receive sex education sometimes possess the misguided notion that acts of sexual violence are a way of expressing feelings of love.

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SeanHayes@ipglegal.com

Cabinet to review constitutional bill

Korea Times
March 30, 2007


The Cabinet is expected to deliberate Presidential Roh Moo-hyun's proposal for a constitutional revision as early as April 10, despite lukewarm responses from the public and political circles.

"I think the draft revision could be presented to a Cabinet meeting on April 10," Chief of Staff Moon Jae-in told reporters yesterday.

He added that Roh will introduce the change in the April parliamentary session at the latest.

The bill designed to allow for two consecutive four-year presidential terms would have to be put to a vote in the parliament within 60 days of the introduction of the president's initiative.

Moon bristled over attacks from the opposition Grand National Party about the government's publicity campaign for the change.

The GNP accused Cheong Wa Dae of engaging in illegal pre-election campaigning by encouraging government agencies to promote its revision drive to the public.

A constitutional revision requires approval of more than two-thirds of lawmakers and then majority support in a referendum.

However, the National Election Commission concluded that the activities were not illegal because the president has yet to introduce the constitutional change.

Citing the conclusion, Moon said the GNP is making "groundless political attacks" on the president.

Roh recently called for shifting from a single five-year presidential term to two consecutive four-year terms to promote stability and consistency in the nation's politics. He said this year represents a one-in-20 year opportunity to revise the constitution without cutting short the tenures of incumbents.

However, the GNP vowed to vote against the proposal, saying Roh's proposal is a tactic to shake up the political landscape ahead of the December presidential election. The GNP is enjoying over 40 percent support, while the Uri Party's ratings hover around 10 percent.

Some Uri lawmakers are also likely to vote against the proposal as they are trying to distance themselves from the unpopular president.

Amid steadfast opposition, Roh said that he is willing to defer his proposed constitutional revision if the GNP and its prospective presidential candidates swear to accept a revision under the next government and present a concrete plan for it.

However, presidential hopefuls turned a cold shoulder to his offer.

Prospects are dim for the passage of the bill as approval would be impossible without support from the GNP, which holds 127 seats in the 297-member unicameral parliament. The Uri has 109 seats.


By Jin Hyun-joo


(hjjin@heraldm.com)

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SeanHayes@ipglegal.com

Foreigner dies as doctors stage protest

Foreigner dies as doctors stage protest



An immigrant worker died Wednesday because doctors from across the country were staging a protest in Seoul.

The 33-year-old Thai man reportedly had been waiting to receive treatment to remove a chicken bone lodged in his throat.

He had collapsed while having lunch at a factory in Gwangju, Gyeonggi Province, according to local police. He was rushed to a nearby medical clinic by his colleagues, but there were no doctors available.

The worker died while he was being moved to a larger hospital in Bundang.

His wife told police that he seems to have choked on a piece of chicken bone. Police are investigating the exact cause of his death.

He was the first known casualty of the nationwide strike against a revision of the medical law.

An acquaintance said that delay of an ambulance car worsened the situation.

"We called the emergency service team at a nearby fire station to send us an ambulance, but it did not arrive 10 minutes after the call, so we had to move the patient ourselves," said pastor Ahn Dae-hwan of the Gwangju Migrant Workers Center. "The medical treatment was further delayed while we were waiting for the car.

"Although there was an ambulance car on standby near the factory, the station sent one that was farther away saying that the car was already occupied. We have asked the Ombudsman of Korea to check whether the fire station should be blamed for the death."

The Gwangju Fire Department explained that it sent another ambulance because there was vomit in the nearer ambulance which could have contaminated the patient.

On Wednesday, about 40,000 medical and dental clinics were closed for the day.

Some 66,000 doctors, dentists and nurse assistants held a rally at the government complex in Gwacheon and threatened further action if the government goes ahead with the medical law revision.

To cope with the suspension of medical services, national hospitals extended operating hours, but many patients suffered extra distress due to crowded hospitals.

Since earlier this year, the Health and Welfare Ministry has been pushing to revise the medical law for the first time in 34 years. The revision was proposed last month, and the government is determined to settle the bill within this year, despite vehement opposition from the medical sector.

Medical professionals claim that the revision would only tighten government control of their profession, undermine their businesses and threaten public health by easing barriers for illegal medical services.

But citizens criticize the medical sector for threatening public health by neglecting their duty and closing down hospitals.

The Health Ministry plans to order doctors to return to work and punish businesses defying the directive if the protests continue.

(hayney@heraldm.com)

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SeanHayes@ipglegal.com



By Shin Hae-in

Canadian Ambassador Claims English Teachers not Exploited

An article in the Korea Herald on the 23rd of March reports that the Canadian Ambassador claims that English teachers are not exploited in Korea and a liaison for English teachers is not needed in Korea. The reporter questions whether he has enough experience to really know. Interesting article.

English teachers not exploited: envoy


To the best of his knowledge, rife exploitation of English teachers by unscrupulous school directors does not exist in Korea, and there does not seem to be a need for a designated liaison for disgruntled English teachers at the embassy, Canadian Ambassador Marius R. Grinius said in an interview with The Korea Herald.
"I do meet a lot of teachers and I have yet to meet somebody that said to me, 'I have a really serious problem.' It hasn't happened to me yet," said the ambassador.

"The overwhelming experience (of English teachers) is positive; yet, unscrupulous people will always be around. If somebody does get into some unfortunate circumstance, they should come to the embassy and we will try to help them."


Marius R. Grinius
Last week the Canadian Embassy hosted a gathering exclusively for English teachers at Big Rock Brewery in Gangnam, where teachers were invited to meet the ambassador. Grinius said that of the 10,000 or so Canadians that are registered with the Canadian Embassy in Seoul, about 7,000 of them are English teachers. The event was an attempt for the embassy to "connect a little bit more with the community," as the ambassador put it. "The business people (already) know us. We want to connect with our main interest group."

Grinius emphasized that Canadians should be careful when working in a foreign country. "If you're a young, or old, Canadian looking to teach going halfway around the world, one would think that you would check things out through word of mouth, the Net. There's a whole bunch of logical steps to take to really feel that you're not going to be bamboozled. It's a cautionary tale to make sure everybody does their homework."

So, what will the embassy do for you if you actually do get bamboozled?

"The embassy at a high level can try to find out what the issue is. We always have legal assistance. We can say to people, here is a list of lawyers and they can choose anybody from that list," the ambassador said.

"We can go to the appropriate (Korean) ministry and say, 'What is going on?' If there is some malpractice going on we could try to fix that."

On the issue of teachers working here illegally or with fake certificates, the ambassador said that there is little the embassy can do to prevent this from happening.

"There are those people who are going to say, OK, I'm going to teach. I don't have any certifications but maybe I will get away with it. But usually it catches up to most people ... I would hope somebody would think twice about coming up with bogus teaching certificates. If you know what the criteria are, and you meet them, then you won't have a problem."

On the issue of racial discrimination against non-white Canadians in Korea, Grinius conceded that the concept of racial equality here is still developing.

"For the first time Koreans are kind of talking about interracial relations and the children of such relations - suddenly being very proud of (Hines Ward) and reflecting on what globalization means and the fact that Korea, as you know historically, has been a very unicultural, uniracial country, and they're starting to wake up and figure things out."

But if interviews with some 20 current teachers are any gauge as to whether or not instances of teacher maltreatment are increasing or decreasing, it seems that the situation is, at the very least, not improving.

Almost all of those interviewed by The Korea Herald have experienced some sort of exploitation as a foreign teacher. Problems brought up ranged from the refusal of the school to pay their salary, to violence in the classroom, to outright racism.

One teacher said that she had been teaching university classes of up to 40 students, and "one student had been actually crawling in and out of the window during class to go talk with his friends, and after I kicked him out of class he freaked out and threw his desk at me. No one from the school disciplined him ... it was all up to me. There was a complete lack of professional support."

Greg Snow from St. Johns, Newfoundland, said, "My friend went to school one day only to find that the doors had been padlocked. It turned out that the school was so far in debt that they shut the school and fled to China."

The question for the Canadian ambassador, who represents more English teachers than any other ambassador in Korea, is whether the number of such instances warrants the creation of a special liaison for English teachers at the embassy.

"Maybe. But it doesn't seem that way right now," said Grinius.

(mattlamers@heraldm.com)


By Matthew Lamers

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SeanHayes@ipglegal.com

25 instructors booked for fake diplomas

Korea Times March 21, 2007

Police yesterday booked 25 instructors at private institutes in Seoul on charges of forging their college diplomas.
The National Police Agency sought an arrest warrant for the director of an institute in Seodaemun-gu, northwestern Seoul, while the rest are being investigated without detention.

The 40-year-old director, identified as Lee, is accused of paying 5 million won ($5,300) to a broker in December 2004, and receiving five copies of diplomas from Seoul National University.

Police said that since 1999 Lee had fraudulently claimed that he was an SNU graduate and taught Korean and comprehensive writing. He also accepted forged diplomas from 20 teachers he hired, earning a total 620 million won.

"We've investigated 4,500 teachers at private institutes in Seoul who claimed to have graduated from Seoul National University, Korea University and Yonsei University, and found out that 25 of them were fakes," a police investigator said.

"Most of them counterfeited the diplomas by using a computer scanner and photo editing software. Some only had high school diplomas."

A 35-year-old teacher, identified as Sohn, had taken science courses at an institute for three months prior to his teaching job at Lee's institute. Another 60-year-old teacher, who only has a high school diploma, was found to have taught biology at four different institutes for over 20 years.

Police said teachers earned up to 4 million won a month.

"Graduates from such high-profile colleges not only attract many students, but also gain much trust from the parents, which might have pressured them to fake their diplomas," the investigator said.

A graduate of the medical college of Korea University claimed he had majored in English, and taught English for five months. Police said he did it to pay off his debts.

"Thirty-three educational government officials have to supervise over 13,000 institutes in Seoul. Consequently, many forged diplomas and certificates don't get reported to educational offices," the investigator said.

(aibang@heraldm.com)


By Annie I. Bang

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SeanHayes@ipglegal.com

Luxury 秀 노래방 -Technical Mark? (descriptive mark)

This is a post that appeared on IP Law Blog on "quality" of goods not being able to be trademark that can be registered.

Luxury 秀 노래방

We all know the basic principle of trademark law that is applicable in most jurisdictions regardless of whether the jurisdiction has the common law tradition or the civil law tradition, which is that a word or words indicating the quality or quantity of goods (or services) are not registrable as trademark. This principle is incorporated in Article 6 of the Trademark Act of Korea:

Article 6 Requirements for Trademark Registration

(1) Trademark registration may be obtained except in any of the following cases:

(i) where the mark consists solely of a sign indicating, in a common way, the usual name of the goods;
(ii) where the mark is customarily used on the goods;
(iii) where the mark consists solely of a sign indicating, in a common way, the origin, quality, raw materials, efficacy, use, quantity, shape (including the shape of the packaging) or price of the goods, or the method or time of manufacturing, processing or using them;
(iv) where the mark consists solely of a sign indicating a conspicuous geographical name, an abbreviation of a conspicuous geographical name or a map;
(v) where the mark consists solely of a sign indicating, in a common way, a common surname or name of a legal entity;
(vi) where the mark consists solely of a very simple and commonplace sign; or
(vii) in addition to the cases mentioned in subparagraphs (i) to (vi) of this Article, where the mark does not enable consumers to recognize the person whose goods are indicated by the mark.

To paraphrase, a word or words that are descriptive of the quality/quantity of a good is not registrable.

It is easier stating the principle than making a judgment on registrability. It seems that the level of descriptiveness (or non-descriptiveness) required for registrability really depends on the consensus among judges and/or examiners and on the tradition within the jurisdiction.



There was a decision given by the Patent Court of Korea on the registrability of “Luxury 秀 노래방” in December 2006. The court held that the mark was not registrable because it was a technical mark (a way of saying ‘descriptive mark’ in Korean law).

The decision is interesting for one reason. As you see, the mark is composed of three words, one is English, the other is Chinese, and the last Korean.

We all know what ‘luxury’ is. The Chinese letter ‘秀’ means excellent. The Korean word ‘노래방’ means karaoke. If translated in English, it is ‘Luxury Excellence Karaoke,’ which will probably not registrable in many jurisdictions.

However, it’s a combination of three different languages. Shouldn’t it count? “Luxury” will probably mean luxurious to many younger generation Koreans because they learn English in middle and high schools. However, many less-educated Koreans aged over 50 might not instantly know the word ‘luxury’ upon seeing it.

On the other hand, many younger generation Koreans can’t read Chinese letters, while most older generation Koreans are pretty good at reading Chinese letters.

Shouldn’t this fact count in making registrability judgment?

I’m quoting the summary of the decision below. (in Korean of course)

—————————-

이 사건 출원상표 “Luxury秀노래방” 이 지정서비스업인 ‘노래방 서비스업’ 의 품질을 보통으로 사용하는 방법으로 표시한 표장이라고 본 사례.

from 우리법원 주요판결 by 특허법원

사건 : 2006. 12. 28. 선고 2006허8323 판결 [거절결정(상)]

판시사항 : 이 사건 출원상표 “”이 지정서비스업인’노래방 서비스업’의 품질을 보통으로 사용하는 방법으로 표시한 표장이라고 본 사례.

판결요지 : 이 사건 출원서비스표는 주로 ‘사치, 호사, 사치품, 고급품, 사치(품)의, 고급(품)의’라는 의미로 사용되는 비교적 쉬운 영어단어인 ‘Luxury’와 ‘빼어나다, 뛰어나다’라는 의미로 사용되는 역시 비교적 쉬운 한자인 ‘秀’ 및 지정서비스업의 명칭인 ‘노래방’을 결합한 표장이고, 문자서비스표인 이 사건 출원서비스표의 각 글자는 변형이 거의 이루어지지 않았는바, 이 사건 출원서비스표가 그 지정서비스업인 ‘노래방 서비스업’에 사용되는 경우 일반 수요자들로 하여금 ‘고급스럽고 빼어난 노래방’을 직감하게 할 개연성이 농후하므로, 이 사건 출원서비스표는 그 지정서비스업의 품질을 암시하는 정도를 넘어 직접적으로 표시하는 기술적 표장으로서 상표법 제6조 제1항 제3호에 해당한다.

참조조문 : 상표법 제6조 제1항 제3호

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SeanHayes@ipglegal.com

Conscientious Military Objectors Surpass 12,000

By Park Chung-a Korea Times

More than 12,000 people have been imprisoned for refusing mandatory military service over 66 years, according to an association of family members of conscientious objectors.

The organization said it estimates that 12,324 conscientious objectors were sentenced to a total of 25,483 years of imprisonment from 1950 until May 31, 2006.

The number of those who served twice in prison is 289. The research was done from March to April in 2006 through phone and paper interviews with military objectors including Jehovah's Witnesses, who account for the largest portion of them. It is the first time that the number has been calculated, as the government has been reluctant to conduct official research on it.

About 50 percent or 6,328 of the respondents said that they suffered from at least three kinds of harsh treatment while serving in prison. The most common form of torture was standing still with 28.9 percent, followed by push-ups with 25.9 percent, beating with 19.0 percent, fasting with 4.8 percent and sexual harassment with 2.9 percent. Also 3.7 percent of the respondents said that they were imprisoned alone in small cells two meters in height.

According to the special report by the Belgium-based international human rights organization Human Rights Without Frontiers, 53-year-old Sung Ki-yoon said that he fainted due to torture by water while serving a sentence in 1977 for refusing military service. Lee Kae-chol, 52, another military objector, also said that his feet were burned by lighters and wires were pushed under his nails.

In recent years, an increasing number of people are urging the government to introduce civil service as an alternative to service in the military. Those objecting to the current two-year military service claim that the government's decision to punish them under criminal law violates their basic human rights to freedom of thought and religion as guaranteed by law. However, the government has been claiming that it would be unrealistic to offer civil service as a substitute for military service since it would compromise military readiness.


michelle@koreatimes.co.kr

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SeanHayes@ipglegal.com

More Koreans Engage in Sex Trade in US

By Park Chung-a Korea Times
Staff Reporter

The number of Korean women engaged in prostitution overseas _ both voluntary or forced _ has been steadily increasing after the government's crackdown on the domestic sex industry in 2004.

According to the U.S. State Department on Monday, based on the law for protecting victims of slave trading, the country provided shelter to 230 foreign victims in 2005 and Koreans accounted for the largest portion at 23.5 percent.

Korea was followed by Thailand, Peru and Mexico in terms of the number of the victims who were offered shelter. It also said that a sudden increase in Koreans seems to be related to the 2004 crackdown.

Although victims of labor exploitation are included in the victims of slave trade, most of the Korean victims were involved in the sex trade, according to the officials.

Yoon Won-ho, a lawmaker of the ruling Uri Party who has been leading an investigation into the Korean sex trade in the United States, said it was highly likely the illegal activity was enjoying a rebound in Korean communities abroad through underground means, such as massage parlors, bars, private homes and the Internet.

``I have been shocked by the fact that there are an increasing number of young Korean women in their 20s and 30s going to the United States to earn money through prostitution after the anti-prostitution law went into effect,'' said Yoon. ``Unfortunately, we do not yet have specific statistics, which show how closely the crackdown on prostitution is related to the increase of the Korean sex trade abroad. I will try to enact a law which strictly punishes those who recruit Korean women through the Internet for prostitution abroad, or coerce them to perform work for their personal gain.''

Yoon's seven-member investigation team has been discussing the issue with Korean residents in the U.S. as well as officials from human rights organizations there.

Skeptics have argued that the strengthened crackdown on prostitution opened the doors to other venues for the sex industry, which law enforcement authorities find it harder to deal.

Meanwhile, ``Hanyoyon,'' an association of female sex laborers from 10 red-light districts dotted with brothels including Chongnyangni, Chonho-dong and Miari yesterday held a press conference in central Seoul to urge the government to abolish the anti-prostitution law and Seoul's urban redevelopment project which entails pulling down brothels.

``The government should abolish the anti-prostitution law and should listen to the voices of sex laborers. The city's redevelopment project chases sex laborers away to the streets, making our lives more miserable. Brothels are our precious workplace through which we can make our future better,'' the workers said with sunglasses on. ``The government should show how much of its budget was specifically spent for rehabilitation and welfare of women in the sex industry after the anti-prostitution law went into effect.''

The organization also pointed out that there is a lack of disease control for sex laborers who have come back to the country after being expelled from foreign countries for prostitution.

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SeanHayes@ipglegal.com

Korea Spy Agency increases Spying

By Kim Tae-gyu
Staff Reporter

The National Intelligence Service (NIS), the country’s spy agency, is wiretapping more and more fixed-line phones and tracking the e-mail messages of Koreans.
The Ministry of Information and Communication on Tuesday said the NIS traced a total of 8,440 phones or messages last year, up 4.4 percent from 8,082 in 2005.

This contrasts to other law enforcement agencies like prosecutors, police and military agencies, which substantially reduced the interception of telephone conversations.

The prosecution spied on just 43 phones last year from 100 in 2005. The annual tallies were 131 for the police, down 46 percent year-on-year, and 51 for military investigators, down 54 percent.

``The overall wiretapping cases amounted to 1,033 in 2006, up 5.7 percent from the previous year,’’ Choi Young-hae, a director at the Information Ministry, told a press conference.

``The increase was led by the NIS, which says it had to bug many suspects last year due to investigations on a couple of pro-North Korean spy rings,’’ Choi said.

Choi’s remarks are mainly about an underground spy ring called Ilsim-hoe, which caught the nation by surprise late last year. Five suspects were arrested by the NIS last October on charges of spying for North Korea.

Choi said all the eavesdropping attempts were legal, and received warrants from the court. But civic groups such as the Citizens’ Action Group are critical about it.

``Other investigative institutes seem to have been serious about cutting down on wiretapping, which is extremely intrusive to the privacy,’’ said Ju Mi-jin, an activist at the Citizens’ Action Group.

``But the NIS appears to overuse phone spying. It is required to make an effort to minimize intercepting people’s private conversations,’’ Ju said.

Regarding cellular phones, the ministry continued its stance that the mobile consumer gadgets are practically impossible to eavesdrop with current facilities.

The controversial issue erupted here in 2005 when the NIS was found to have tried to listen to cell phone conversations of society leaders in the early stages of the 1998-2003 Kim Dae-jung administration.

However, the government said that mobile phone eavesdropping is theoretically possible but implausible because of lack of proper facilities in the mobile telephony networks.

Currently, a bill is pending at the National Assembly, which forces the country’s three wireless operators to install systems to enable mobile wiretapping.

The ministry also claimed instant-messaging services, which are widely used here among young Internet surfers, are off limits to law enforcement agencies due to technical barriers.

``It is impossible to intercept instant messenger-based messages. It is a global issue that irritates intelligence agencies of the world,’’ said an NIS official who participated at the press conference held at the head office of the ministry in central Seoul.

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SeanHayes@ipglegal.com

Truth About Free Trade

Korea Times column Lex Pro Bono Wednesday Korea Times
Sean Hayes


Dear Professor Hayes: We are not ready to compete with the U.S. in many areas and the FTA will simply lead to the destruction of many Korean jobs including farming and service sector jobs. Why does it seem so many are pushing for free trade against the interest of the Korean people?
Angry Korean in Kwangju.
Dear Angry in Kwangju: Nearly all non-Marxist economists believe that free trade agreements benefit all countries involved. Those educated in economics are strongly pushing for free trade agreements, while many others are either questioning or strongly opposed to free trade agreements.

Our experts in this matter, nearly universally, agree that free trade will benefit both countries, so why do so many in the population question their professional belief?

The reason for the discrepancy stems from what I like to call the ``intellectual reality’’ vs. the ``political perception.’’

The intellectual reality is that free trade will benefit Korea and the United States, but the political perception, of many, is that free trade will lead to little benefits and many detriments for the ``average family.’’

The political perception will not quickly change because a vast majority of the population is not willing to understand the Keynesian macroeconomic model and the nature of the complicated interactions between equations applied to the model. Additionally, many who do understand basic economic principles and realize that free trade will benefit Korea are self-interested and are pushing their own political or economic desires through opposition to the FTA.

Presently, radically liberal NGOs, politicians, academics and even some journalists, either because of their misunderstanding of economics or more likely because of a selfish desire to push their ends, don’t concentrate on the complex interactions and only focus on the losses that will occur. They don’t explain how some losses for a specific individual may also lead to many more benefits for the same individual.

I think the only way for this issue to be properly resolved is for journalists to take a more active role in the discussion. Journalists need to explain not only one side of the story. They need to explain the three key sides to every FTA issue: who personally benefits, who personally loses and also the net gains and losses for the country as a whole. Too often the explanations only focus on one of the three.

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SeanHayes@ipglegal.com

Lesson III: Korean for Korean Law

Lesson III: Korean for Korean Law


I. Daily Words

A. Criminal Law: 형법, 형사법
B. Prosecutor: 검사
C. Judge: 판사
D. Indictment: 기소
E. Conviction: 유죄의 판결
F. Sentence: 판결, 선고
G. defendant: 피고
H. jail: 교도소
I. rape: 성폭행
J. murder: 살인
K. robbery: 강도죄


II. Daily Sentences

A. The prosecutor indicted the man for murder.
검사는 그 남자를 살인죄로 기소했다.
B. The judge convicted the defendant of rape.
판사는 피고를 성폭행 혐의로 유죄를 선고했다.
C. The defendant was sentenced to three years in jail.
피고는 징역 3년의 선고를 받았다.


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SeanHayes@ipglegal.com

Foreign teacher held on drug charges

March 20, 2007 Joonang Ilbo

A 24-year-old Canadian English teacher has been detained on charges of smoking hashish, the Seoul Central Prosecutors’ Office said yesterday. Four Canadians and one Australian who teach or had taught at private academies in Seoul and Gyeonggi province have also been investigated on the same charge but were not detained, prosecutors said.

According to prosecutors, the Canadian man, who teaches English at a private academy in Seongnam, Gyeonggi province, allegedly smoked hashish in his studio apartment in Bundang-district on the southern outskirts of Seoul on Jan. 5 with three of the suspects. The man is suspected of buying 3.6 grams of hashish from an unidentified foreigner at a bar in Itaewon, central Seoul, on Jan. 1 for 200,000 won ($211) and selling 1.6 grams of the drug to a 26-year-old Canadian English teacher, one of the suspects under investigation.

The man admitted to police that he also smoked hashish in bars near Hongik University in Mapo, western Seoul; in Itaewon; and at a motel near Daecheon beach in Daecheon, South Chungcheong province, prosecutors said.

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SeanHayes@ipglegal.com

Right to Publicity Lawsuit

Stars break new ground in publicity rights case


March 20, 2007 Joonang Ilbo

Seven South Korean movie stars and their management agency, iHQ, are suing a local movie magazine, Screen, seeking a total of 350 million won ($370,880) in compensation for commercially using the stars’ pictures without their permission, according to the Seoul Central District Court.
The movie stars are Jun Ji-hyun, Jung Woo-sung, Kim Sun-a, Zo In-sung, Ji Jin-hee, Cha Tae-hyun and Yang Jin-woo ― leading stars of television and movies, and among the most visible faces of hallyu, the Korean pop culture wave that is sweeping Asian countries.

In their complaint, the movie stars accused the monthly magazine of selling their pictures, taken for interviews with the magazine, on a Japanese Web site where online users pay to download photographs of hallyu stars, according to the court.
“The pictures were taken for interviews with the magazine and the magazine has to acquire permission from the stars and the agency when it uses them for other purposes,” the complaint read. “But the stars and the agency did not authorize their use; thus, the magazine violated publicity rights.”

There is no specific provision in Korean law for publicity rights, or the right to control the commercial use of an individual’s name, image, likeness or voice.
“If the court ignores an infringement of publicity rights, there will be prevalent use of images of celebrities without permission, and compensation will be much cheaper than commercial modeling fees,” read the complaint. Last month, the Seoul Eastern District Court acknowledged for the first time the right of heirs to control the commercial use of images of a deceased person, defining this as a property right akin to a trademark or copyright.

The magazine said it has not yet received the complaint and has no comment on the suit.

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SeanHayes@ipglegal.com

Korea Looks to China and EU for More FTAs

Chosun Ilbo

With the free trade agreement (FTA) talks between Korea and the U.S. winding down, the government is now promoting FTA talks with China and the European Union (EU). The Ministry of Foreign Affairs and Trade (MOFAT) announced Monday that it will hold a conference for joint research among business people, government officials and scholars on an FTA between Korea and China.
An official from MOFAT said the joint research could be seen as a step leading to FTA discussions since such research has in the past been connected to FTA negotiations. The conference would cover basic work to promote an FTA between the two countries such as detailed rules regulating joint research operations and other items to include.

MOFAT also announced that it will hold the first round of FTA talks with the EU in May. Kim Han-soo, the director of the free trade bureau at MOFAT, will lead the Korean side and Garcia Bercero, the director of trade relations with Southeast Asia and directorate general for trade of the European Commission, will lead the EU side.

The talks are expected to progress quickly since working-level issues such as the scope of the discussions and the composition of negotiation groups have already been worked out.

An official with MOFAT said that successful FTAs with important regions will build balanced trade relations and enhance the stability of the Korean economy. The official said that Chile is currently the only country in the world that has agreed on or is promoting FTAs with the U.S., China and the EU.

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SeanHayes@ipglegal.com

Drug Confession on Blog Leads to Bust by Seoul Police

The Marmot's Hole has a post on how an office worker who posted on his website that he smoked pot in the Netherlands led to the police arresting the individual.

What NOT to post on your blog in Korea

A 38-year-old office worker got a rude introduction to the perils of blogging when he posted about his pot-smoking experience in the Netherlands on his blog [Segye Ilbo, Korean].
You guessed it—the police busted him.

The office worker, identified only as Mr. A, was with two colleagues on a seven-day, six-night business trip to the Netherlands in January. Having completed their work, they were spending the rest of their time in-country doing a little sightseeing when their guide mentioned that while smoking pot in Korea might be illegal, smoking pot in the Netherlands was not punished.

Their curiosity sparked, they paid a visit to a local coffee shop and bought three joints, which they pleasantly smoked.

When he returned to Korea, Mr. A posted about his experience on his blog. Two months later, Seoul’s finest came knocking on his door. On March 20, A and his two co-workers were busted by Seoul Metro’s drug squad on charges of having smoked the wacky tobacky.

A police official explained that based on the principle of personal jurisdiction, you can be busted for doing drugs overseas.

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SeanHayes@ipglegal.com

Sidewalk motorcyclists to face stiffer penalties

Sidewalk motorcyclists to face stiffer penalties

March 20, 2007 Joongangilbo

The National Police Agency announced it will enforce a massive crackdown in May against motorcyclists who ride their bikes on sidewalks and crosswalks. The practice is the source of many complaints by foreign visitors to Korea.

According to a recent agency survey of 154,000 motorcyclists at 50 major intersections nationwide, more than nine out of 10 crossed roads on pedestrian crosswalks. About 63 percent failed to halt at the stop line and 47 percent did not use the lane nearest to the sidewalk that is reserved for motorcycles. More than one out of 10 motorcyclists rode on the sidewalks, according to the survey.

The number of motorcycle accidents has increased as well, from 10,269 in 2004 to 12,161 in 2005 and 13,635 last year, according to the agency.

During January and February, 1,750 accidents occurred in which 100 were killed, up from 72 deaths during the same months last year when 1,303 accidents occurred.
Last year, 6.2 people were killed for every 100 motorcycle accidents, double the death rate in car accidents.

Experts say that motorcyclists’ lack of respect for traffic regulations and police leniency toward violations has resulted in the increase and severity of motorcycle accidents.

In a survey of 623 motorcyclists who violated traffic regulations, 44 percent said they wanted to save time and 34 percent said they could not be bothered to keep the regulations.

“As the fast delivery service industry has grown, the number of motorcycle accidents is also increasing,” said a police official. “It is difficult to check the motorcycles because they often do not obey orders to stop.”

The police said they will launch a crackdown from early May on motorcycles running on sidewalks or crosswalks, motorcycle drivers not wearing helmets and motorcycles making excessive noise.


By Lee Chul-jae JoongAng Ilbo [soejung@joongang.co.kr]

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SeanHayes@ipglegal.com

Frequent Constitutional Revision Undesirable

By Ko Seung-kyun Korea Times
The current debate over the issue of constitutional revision in regard to the presidential term requires careful scrutiny. South Korea has already experienced eight revisions of its constitution since its inception in 1948. High frequency of constitutional revision can cause an unhealthy political environment and instability as well as confusion.

Any attempt at constitutional revision should take into consideration not just the presidential term but also a wide range of various factors attributable to democratic principles as well as the maximization of political efficiency and stability. The current proposal under consideration as proposed by the Roh administration appears to be too simplistic to fulfill these conditions.

South Korea today faces unique political problems and challenges. The country has to deal with insurmountable challenges from North Korea in a wide range of issues. It has to overcome economic and financial difficulties as well as social problems _ growing unemployment, low birth rate, the increasing burden of taking care of the elderly, etc.

It has to strive to adjust itself in the rapidly changing international, political and economic environment.

In order to meet these challenges and to solve these problems, the government must be efficient and provide a sense of clear direction and leadership.

The outcome of governmental efficiency and political stability is heavily dependent on the type of political system South Korea has.

South Korea’s current constitution reveals a number of major deficiencies. Thus, the Roh administration is correct in that the constitution should be revised somehow, but the proposal for the revision does not seem to be constructive.

For constitutional revision a number of premises should be examined. First, the presidential leadership must be sustainable.

The current presidential single term limit of five years is not satisfactory.

The Roh administration’s proposal to change the limit and extend it to two terms is understandable and has some merit.

But, the proposal shortens the presidential tenure to four years from five years. There is no guarantee the first-term president would serve the second term. South Korea, first of all, has to determine what type of political system is suitable for the country to meet these challenges. A short term presidency is obviously not the answer.

At this juncture, the best type of political system for South Korea would be a hybrid of the parliamentarian and presidential systems, somewhat similar to the current French model.

France, like South Korea, had experienced turbulent political upheavals prior to the coming of the fifth republic.

But, with the introduction of the fifth republic constitution, France has gained a fair degree of political stability and high degree of political leadership in spite of the diverse political ideologies which exist among various political parties. South Korea has been moving toward a multiparty system too. South Korea already somewhat resembles France in terms of its political system.

What South Korea needs is some modification and refinement geared to Korea’s needs internally as well as externally.

First, a certain degree of division of authority between president and prime minister is necessary.

The major functions of the president should include, primarily, national security affairs _ defense, foreign affairs and national unification while those of prime minister should include internal affairs _ economic, social, health, labor, etc.

Although today some issues dealing with internal and external issues are inseparable, the main focus of responsibility can be identified and allocated to the president and prime minister accordingly. Second, the presidential term should be no less than 6 years and extended to two terms.

The major justification lies in the fact that the most crucial task for the president should be pursuing a credible unification policy with North Korea. Engaging in unification policies with North Korea requires a prolonged, well-planned course of action. The shorter the presidential term is the less credible and less consistent it will be. The North Korean leader’s term is virtually unlimited.

In order to deal with North Korean leadership style, South Korea should be prepared to meet such a challenge. Also, for foreign and defense policies, a longer presidential term is better for the country. For such frequent international forums to which the president is a prime participant, a more experienced president could accomplish more.

The main presidential functions should primarily be chief of state, commander-in-chief and chief diplomat. The prime minister should be either a leader elected by National Assembly or a member of the National Assembly nominated by the president and confirmed by the National Assembly. The term of prime minister should be fixed at four years along with the members of the National Assembly and should be re-elected without term limit.

Third, the president should be a final arbiter between the National Assembly and prime minister. The president, once elected, should be somewhat above partisan politics and be free from partisan political entanglements.

At the same time, the prime minister should be a political leader providing leadership in the National Assembly, a chief administrator and chief of the cabinet. The president should respect the prime minister’s autonomy in his or her leadership and policies.

In sum, the limit of the presidential term to four years and the simultaneous elections of the president and the members of the National Assembly can create political instability and possibly unexpected political turmoil. At this juncture, what South Korea needs is political stability to ensure social stability and economic growth.

The writer is professor of political science & international relations at Hawaii Pacific University.

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SeanHayes@ipglegal.com

Lesson II: Korean for Korean Law

Lesson II: Korean for Korean Law

I. Daily Words

A. to Sue someone (verb): 고소하다.
B. to be Sued: 고소 당하다.
C. Lawsuit (noun): 소송, 고소
D. Contract Law: 계약법
E. Criminal Law: 형법, 형사법
F. Civil Law: 민법, 민사법
G. Corporate Law: 회사 법
H. Tax Law: 세법
I. Intellectual Property: 지적 소유권 (재산권)
J. Constitutional Law: 헌법


II. Daily Sentences

A. I am being sued for breach of contract.
나는 계약위반으로 고소 당했다.
B. I was sued for violation of the company’s trademark.
나는 회사의 상표 위반 혐의로 고소 당했었다.
C. I will be sued for hitting his car.
나는 그의 차를 부셔서 고소 당할 것이다.

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SeanHayes@ipglegal.com

Lesson I: Korean for Korean Law

Lesson I: Korean for Korean Law

I. Daily Words

A. Supreme Court: 대법원
B. Constitutional Court: 헌법재판소
C. High Court: 고등법원
D. District Court: 지방법원
E. Administrative Court: 행정법원
F. Family Court: 가정법원
G. Patent Court: 특허법원

E. To Go: 가다
F. To Be : 이다

II. Daily Sentences

A. I am going to the Supreme Court today.
나는 오늘 대법원에 가요.
B. I went to the Supreme Court yesterday.
나는 어제 대법원에 갔어요.
C. I will go to the Constitutional Court tomorrow.
나는 내일 헌법재판소에 갈 거예요.
D. The Family Court is in SeoChoGu.
가정법원은 서초구에 있어요.
E. The Patent Court was in Seoul now it is in Taejon.
특허법원은 서울에 있었지만 지금은 대전에 있어요.

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SeanHayes@ipglegal.com

76 Percent of Apartment Owners to Pay More Tax

Chosun Ilbo

A Lesson in Survival From the Finance Minister



The real estate tax burden this year will rise for 7.38 million households or 76 percent of the 9.7 million apartments, condominiums and villa complexes across the country. The 9.7 million will pay W85,000 (US$1=W945) in combined property tax per household on average this year, up about 12 percent (W9,000) from last year, the Ministry of Government Administration and Home Affairs said Thursday. The increase is small, the government explained, because property taxes for households worth less than W600 million in government-set value, which are not subject to combined real estate tax, are limited to a rise of no more than 10 percent. But as the government plans to raise real estate tax from the current 50 percent of publicly assessed value to 100 percent by 2017, the burden is also expected to rise for householders not subject to combined real estate tax.
◆ A rise of less than W10,000

According to the data the ministry released Thursday, of the 7.38 million households, 81.5 percent will see the burden rise less than W10,000, 10.7 percent between W10,000 and W50,000, and 7.7 percent more than W50,000.

The government adopted a discriminatory policy of setting higher tax increase rates for households subject to combined estate tax, to the extent that it deserves the title "tax bomb," and lower rates for those not subject to the combined tax. Real estate tax rises up to 5 percent from last year for homes worth less than W300 million in government-set value and up to 10 percent for homes worth W300 million-W600 million, In contrast, real estate tax can rise up to 50 percent for households worth W600 million or more. Households in the latter category are expected to bear a considerably larger property tax burden as the tax reflection rate is set to gradually increase to 100 percent of the home’s value by 2017.

◆ No correction in combined real estate tax

The Finance Ministry tabulates households required to pay combined real estate tax for land and houses including corporations at 505,000 this year, up about 50 percent from last year's 341,000.

According to the Finance Ministry, the combined real estate tax for a 112 sq.m apartment in Eunma Apartment, in the affluent Gangnam area of Seoul will skyrocket to W3,044,000 from last year's W384,000, nearly 700 percent. The same for a 181.5-sq.m flat in Mongryeon Shindonga Apartment in Pyeongchon, Gyeonggi Province worth W872 million will spiral to W1,752,000 from last year's W266,000, or 560 percent.

But Finance Minister Kwon O-kyu said, "Because 63.5 percent of householders subject to combined real estate tax own two households or more and because the burden of ordinary citizens is not so big, we have no plan to modify or reduce combined real estate taxes."

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SeanHayes@ipglegal.com

President Roh Takes Aim at Prosecutors

By Ryu Jin Korea Times

President Roh Moo-hyun fought prosecutors in his early days in office. A born controversialist, he volunteered to debate with young prosecutors on TV in 2003, though the goodwill event turned into a raw war of words.
Four years later, now in his final year, he seems to have taken up arms against the prosecution once more as he believes the country's powerful investigative body needs to be changed.

In a speech on Tuesday, the president cited the press and the prosecution as institutions needing reform. ``Our work for reforms has entered a final stage,'' he said. ``But there are some areas that need more change.''

Having sought to break away from the old authoritarian era when those with power and vested rights colluded, Roh takes pride in his achievements in reform and innovation of the private as well as the public sector.

Roh's criticism of the prosecution came after a former Chong Wa Dae secretary had been cleared of charges in a recent corruption scandal surrounding the JU Group, the country's largest network marketing company.

Lee Jae-soon, who was working at the presidential office as a detached prosecutor, was dismissed late last year after he was summoned by the prosecution for his alleged involvement in the scandal.

He was later cleared of the charges. But the prosecution came under fire after the investigators who interrogated him were found to have attempted to force him to give false testimony.

In a weekly Cabinet meeting Tuesday morning, Justice Minister Kim Sung-ho reported to Roh on the prosecution's follow-up measures about that case and a small ``court-like'' situation ensued.

Minister of Health and Welfare Rhyu Si-min, one of Roh's strongest loyalists, came out first with a straight censure. ``I heard they say in the prosecution that one could become a hero if he or she challenges on Chong Wa Dae. Is that true?''

Roh quickly smoothed over the awkward situation as Kim remained at a loss. ``I am okay even if the prosecutors target the government or the president,'' he said. ``But they should investigate only by legal means.''

In fact, Chong Wa Dae's complaints about the prosecution are no fresh news at all. Roh appointed Choung Sang-myoung, who passed the 17th bar exam with Roh, as the prosecutor general. But little has changed.

Some presidential aides expressed their grievances about the law enforcement authority, which has questioned Chong Wa Dae officials in several cases including the Haengdam-do island development project and JU scandal but found no irregularities.

Critics interpreted the recent moves by the presidential office as Roh's efforts to tighten discipline in government offices and agencies, especially the prosecution, to avoid becoming an early ``lame duck'' president.

The main opposition Grand National Party (GNP), for example, demanded that Roh ``stop trying to tame the prosecution.'' Party spokesman Rep. Yoo Ki-jun said Roh was trying to use reform to avoid the lame duck label.

Chong Wa Dae said that the president was just emphasizing the need for reform in the judiciary, despite his remarks creating a subtle controversy among politicians as well as prosecutors.

Over the past several years, some high-profile figures including former Hyundai Asan Chairman Chung Mong-hun and former Pusan Mayor Ahn Sang-young have committed suicide while being investigated by the prosecution.

Roh instructed his aides to do their best to help the pending judiciary reform bill get approval from the National Assembly and also come up with reform measures, such as audio and video recordings of the interrogations, according to his spokesman Yoon Seong-yong.

Whether it is a coincidence or not, some newspapers reported on Thursday that prosecutors are investigating a lawmaker of the Uri Party, who is known to be a close ally of the president.

Yoon said that Chong Wa Dae did not discuss the matter when asked by reporters if there was any discussion inside the presidential office. ``We've already let go of the reins over the prosecution.''

However, few people expect that this is the end of the fight between Roh, a self-educated former human rights lawyer, and the prosecution, which he has regarded as in constant need of reform.





jinryu@koreatimes.co.kr

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SeanHayes@ipglegal.com

Suspected Kidnapper Nabbed

By Kim Rahn Korea Times

The police Friday arrested a 38-year-old man on suspicion of orchestrating last month's kidnapping of a golf course owner.

The suspect, Chong Song-il, is the son of Chong In-suk, a woman who was believed to be the mistress of a high-ranking official in the 1960s and who died mysteriously.

Incheon International Airport Police arrested Chong near his house in southern Seoul early yesterday morning, 18 days after the kidnapping.

On Feb. 26, the owner of a golf course in Kyonggi Province, identified by his surname Kang, his 24-year-old son and his driver were taken abducted by a group of men at the airport.

They escaped two days later from a villa in PyeongChang, Kangwon Province, where they had been held. Kang claimed two of his relatives had ordered gangsters to kidnap him in a plot to take over management of the golf course.

Earlier this month the police arrested the 66-year-old uncle of Kang, identified as Yoon, and a former senior prosecutor, Kim, on suspicion of planning the abduction.

Chong is suspected of leading a team of six who kidnapped Kang and the two others.

According to the police, Chong suggested the kidnapping to Yoon and Kim at a restaurant in Seoul on Feb. 20. He asked Yoon to give him 150 billion won in exchange for Yoon usurping the management from Kang. When Yoon accepted, Chong organized the team and kidnapped Kang.

Chong reportedly admitted his involvement but claims Yoon and Kim led the abduction.

His mother, Chong In-suk, was found dead after being shot on a road near the Han River in 1970. The culprit was never found. As she was the mistress of a high-profile political figure, speculation has mounted over the identity of her then-three-year-old son's father.

The son, Chong, left for the United States in 1985. In 1991, he filed a suit against former Prime Minister Chong Il-kwon to confirm he was the politician's son, but withdrew the suit one month later.



rahnita@koreatimes.co.kr

03-16-2007 18:29

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SeanHayes@ipglegal.com

Koreans Likely to Enjoy US Visa Waiver Program

South Koreans may be able to travel to America without a visa if a Sept. 11 reform bill becomes law in the United States.
The chances of Korea entering the U.S. visa waiver program has increased after the U.S. Senate overwhelmingly approved the bill Tuesday.

``If the bill becomes law, there would be a higher possibility that South Koreans could travel to the U.S. freely without a visa,’’ an immigration expert said.

U.S. senators voted 60 to 38 for the security reform bill that contains a provision enabling U.S. President George W. Bush to undertake his promised expansion of the visa waiver program.

Under current American law, countries wanting to participate in the program are required to have a less than 3 percent refusal rate on their U.S visa applications.

South Korea has failed to join the program because its refusal rate on U.S. visa applications is above 3 percent.

The country has promised to bring the rate below 3 percent before September 2008. In September 2006 it recorded an estimated 3.5 percent refusal rate.

However, South Korea will not be bound by those figures if the U.S. security reform bill becomes law.

The bill sets the refusal rate at 10 percent to ease concerns of countries fighting alongside the U.S. in Iraq that their citizens would not be able to travel to the U.S. as freely as they would like.

In December, President Bush committed to seek flexibility from Congress to expand the visa waiver program.

Of the 19 countries designated by the U.S. State Department as having a ``roadmap’’ to participate in the program, only nine have rejection rates of less than 10 percent and could benefit from the program.

The nine are South Korea, Taiwan, Argentine, Cyprus, the Czech Republic, Estonia, Malta, Greece and Israel.

A Korean official said that if the bill is declared law and South Korea is allowed to join the visa waiver program, South Koreans might visit America for up to 90 days without a visa early next year.

The bill calls for a new high-technology electronic pre-clearance system for visa waiver travelers, which will enable them to be screened against terrorist and immigration watch-lists before embarking for the United States.

The bill also requires better information-sharing for lost and stolen passports, as well as higher standards for document and airport security from 27 countries in the program.

``There are many countries helping us thwart terrorism around the world and they should be rewarded for their continued cooperation,’’ said Sen. George Voinovich, R-Ohio, the author of the provision.

He added that the legislation will improve both American national security and economic interests while helping to solidify relations and improve good will toward the U.S.

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SeanHayes@ipglegal.com

Scholars Urge Korea to Upgrade System for US FTA

By Yoon Won-sup and Kim Sue-young
Staff Reporters Korea Times



Trade Minister Kim Hyun-chong, right, and Kim Jong-hoon, chief South Korean negotiator for a free trade agreement (FTA) with the United States, look pensive during a National Assembly session, Wednesday. /Yonhap
Economic and political experts said that a free trade agreement (FTA) between South Korea and the United States, once concluded, will bring great opportunities for South Korea to enter the world’s biggest market.
But they warned that the FTA may also pose critical challenges to Korea if it fails to upgrade its economic systems to the level of the United States.

Lee Hong-shik, head of the FTA Research Team at the Korea Institute for International Economic Policy (KIEP), said, ``The most important point of the FTA is that Korea will enter the U.S. market earlier than other nations.’’

Lee said that Korea will have advantage in bilateral trade with the United States once the FTA takes effect since its competitors, Japan and Taiwan, are still struggling to sign an FTA with the U.S.

Kim Yong-ok, head of the FTA Bureau of the Federation of Koran Industries, echoed this view by saying the agreement will help Korean businesses sell their products and services with basically no tariffs.

Young Soo-gil, president of the National Strategy Institute, said, ``It will be reassuring, both psychologically and in terms of market access, for Koreans to have an FTA with the largest economy in the world.’’

Young went on to say that international confidence in Korea as a partner for diplomatic cooperation and as a place for investment will be greatly enhanced, as will the stature of the country as a hub in Northeast Asia.

However, a former U.S. government official said that the FTA will not solve all the problems between the two countries, particularly as related to the military alliance.

Tong Kim, a former senior Korean-language interpreter at the U.S. State Department, said people should not look at the FTA as a remedy to the beleaguered military alliance between Korea and the United States because it has more to do with the economy and business.

``Whatever the final agreement may be, it will provide difficult challenges to Korea, as tougher competition will begin with the world’s strongest and most developed economy,’’ Kim continued. ``Yet I support this competition because this is the only way South Korea can truly become a global economic power.’’

Impact of FTA, Positive & Negative

Experts consider the impact of the FTA to be positive in a wide rage of areas as long as Korea succeeds in adapting to the new economic environment with the U.S.

Kim said the FTA would have a big impact on the economic and social life of Koreans as the negotiations have covered 19 business sectors including agriculture, pharmaceuticals, automobiles and services.

``In view of what has been revealed from the negotiations so far, it is not clear whether Korea would in fact benefit significantly from the export of automobiles and textile products,’’ he added.

He thought that complete elimination of U.S. trade measures such as anti-dumping and countervailing tariffs would be difficult from the perspective of U.S. politics.

Kim Yong-ok said that Korean companies with weak competitiveness will likely have to go through a restructuring process.





``More competitive companies will gain more profits but some companies will suffer from the highly competitive environment,’’ he said. ``Overall, it is inevitable for the Korean economy to experience a restructuring process because it is a step toward becoming an advanced economy.’’
Young said that Korea will adopt more FTAs with other countries such as Canada, Japan, China, Mexico and the European Union once it successfully signs the FTA with the United States.

``Say, by 2015 or beyond, Korea will have made an economic and social change for the better,’’ Young said. ``Politics will have become much more different than now, more efficiency-oriented and more internationalized.’’

Meanwhile, Lee worried that Korea may fail to follow new and advanced rules, brought by the FTA.

One good example was Korea’s financial crisis in 1997. When Korea joined the Organization for Economic Cooperation and Development (OECD) in 1996, some economists noted the entry was too early for Korea to adopt the new rules of the OECD.

``Some areas where Korea is less competitive than the United States such as the agricultural area should undergo restructuring,’’ Lee said. ``In short, if there are not internal efforts to adapt to the new environment, the negative impact of the FTA will immediately be apparent.’’

Young shared this view by saying that there will be damage to the agricultural sector if opening is resisted up to the last minute.

He meant that the current situation keeps farmers engaged in protected high-expense farming and suffering from a consequent low and unstable farming income.

Remaining Tasks for Korea

Experts say that the Korean government should take measures to stop the widening gap between the rich and poor and reasonably implement programs supporting companies for better competitiveness in order to prevent negative effects from the FTA.

``A law to support companies which are expected to suffer from the agreement will soon be passed by the National Assembly, and the proper operation of the law will be crucial with regard to whether the FTA will remain successful or not for Korea,’’ Lee said. ``The government will financially support Korean companies, but the most important thing is that the money should be used for the right purposes.’’

For example, the funds need to be used in restructuring, according to Lee.

Lee also said that the Korean government should develop a social safety net for people who will be vulnerable to the tight competition from their U.S. counterparts.

In the private sector, companies need to upgrade their tax and audit systems to keep pace with the U.S., Lee added.

Young expected Korea to be an FTA hub in Asia if Korea concludes the FTA with the U.S.

``Korea will soon become the hub of a network of major bilateral FTAs and the single most important thing to do is to prepare to take advantage of this emerging arrangement in order to attract and encourage investment in Korea,’’ Young said.

To that end, the government should promote domestic economic reforms to welcome foreign investment as well as encourage national investment, removing such things as labor market rigidity, which could offset the expected benefits of the FTAs, he added.

However, Tong Kim sees a dark future for Korean farmers once the FTA is launched.

``I don’t see any way for Korean farmers, especially those raising cattle, to effectively compete with American farmers who have a distinct comparative advantage in terms of economies of scale, technology, capital and financial support,’’ Kim said. ``There will be other sectors that will suffer in the short term but may become competitive in the long term.’’

Kim Yong-ok urged the Korean government to prepare measures for companies and industries likely to be damaged by the FTA.

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SeanHayes@ipglegal.com

Illegal Migrant Workers to Get Help Receiving Pay

Korea Times Kang Shin-who

The Ministry of Labor plans to help migrant workers who have overstayed their visas due to delayed salaries. The ministry Tuesday announced that it will visit immigrant detention centers and help those who have had difficulties in getting their salaries from companies they worked for.

The ministry said it will provide legal counselors to help retrieve the money in cooperation with the Ministry of Justice.

If the ministry finds foreigners who have overstayed their visas due to such circumstances, it will put priority in retrieving the unpaid salary and then take action on the overstayed visa, as according to a policy ``first pay, second overstay notice.''

In cases where the companies are unable to pay the migrant workers, the ministry said it will guarantee the payment will be made via an online bank account even after they leave Korea.

In addition, the ministry plans to regularly visit large detention centers for illegal immigrants in Hwasong, Kyonggi Province, and Chongju, North Chungchong Province, to care for foreigners who are waiting to receive their salaries.

The migrant workers will get advice on filing lawsuits, if needed, from the Korea Legal Corporation, a state-run organization that provides a legal aid system for those who are unaware of the legal system in Korea.

``Migrant workers who are branded as undocumented foreigners cannot easily appeal the injustices caused by such companies. That's why we decided to help them get paid,'' Chang Eui-sung, an official of the ministry said.

``The foreign workers also need to take more aggressive actions against companies who refuse to pay their salaries by reporting them to the proper labor authorities,'' he added.

Meanwhile, about 13 million won, the salaries of four migrant workers who were killed in a fire at an immigration office in Yosu, South Cholla Province last month, was paid to their families, the ministry said.

Currently, there are a total of 425,107 migrant workers in Korea. Among them, 238,213 are documented and 186,894 or 44 percent are here illegally as of the end of last year.

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SeanHayes@ipglegal.com

Investigation of Homicides in Korea

Tiny clues shed light on brutal homicides

March 13, 2007 Joongang Ilbo

A breakthrough in a murder case can come from a tiny piece of evidence. It can be a miniscule blood stain or a fingerprint on a discarded bottle, but solid evidence is hard to come by. To find the vital piece may require the search of a thousand homes and several weeks of sleepless nights. But without decisive evidence a case can remain unsolved indefinitely, depriving the victim’s relatives and loved ones of justice.

On Jan. 24, the nation was shocked when a woman’s torso and handless arms were found. They were in a bloodstained bag dumped in a restroom at the Ansan subway station. Some wondered if a serial killer was on the loose.

Danwon police launched an intensive murder investigation, according to three officers interviewed for this story. Blood stains from the victim were discovered in the bathroom of a house in Wongok-dong, Ansan. This turned out to be the site where the victim was mutilated. The discovery of the blood stains was the turning point in the case, but finding them was not easy. Over 50 police officers had to search night and day through countless homes in the area near where the bloody bag was found. During the day, the houses were often empty and officers had to wait for the occupants to return. But with the blood stains in their possession, the police were able to identify the victim as Ms. Jeong. No matter how hard someone tries to clean up blood, there are always faint stains,” said Mun Gyoung-yeon, 52, a lieutenant with the criminal investigation team at Danwon police station in Ansan. “One must look very hard and be tenacious. Without such persistence, it would be easy to miss the evidence.”

On the rooftop of the house where she was killed the police found other remains of the victim. Her legs had been left to rot in a plastic bag, which the suspect had bought from a nearby store.

The house also gave up a damaged mobile phone that belonged to the victim. The records from the phone gave police the identity of a suspect who was tracked down via his mobile phone.

The case was closed in seven days, but other cases can take much longer to solve. To find the crucial piece of evidence can sometimes take months, even years. Beginning in 2004, 13 people were killed and 20 others suffered severe injuries in different areas of southwestern Seoul before the notorious serial killer Jeong Nam-gyu, 36, was arrested in April 2006. Lack of conclusive evidence left the cases unsolved while Jeong’s killing spree continued. The chief officer at a district police station in the area was sacked for failing to stop the carnage, and some police officers were not convinced that the cases were connected until Jeong was caught. As with many serial killer cases, the arrest of a man on an unrelated offense can unravel a series of unsolved cases. Jeong was initially apprehended for burglary, but a police officer’s gut instincts led to much more.

“When I saw the tip of the pipe wrench [possessed by the suspect at the time of his arrest], I knew it wasn’t the first time he had committed a robbery,” said Yang Jae-ho, 54, the chief of criminal investigations at the Seocho police station. “The pipe wrench was rusted and seemed to have blood stains. I have an intuition about these things from long years of experience.”

Though Jeong denied his involvement in 23 other crimes, the police and prosecutors proved he was guilty by collecting evidence that made the case against him irrefutable. The police found knives and a tire iron in his house in Bupyeong as well as gloves he wore at the time of the murders. He wore gloves to ensure his fingerprints would not be left behind, but the police matched the honeycomb pattern of the gloves with prints from doorknobs at the sites of several different murder cases. The police checked footprints and found a match with those left at several crime scenes. They also found several transportation cards he used to commute between his home and the scenes of the murders. Using the cards, the police scrutinized Jeong’s whereabouts at the times the killings took place and found a match.

The police were able to compare the tools he used in the murders to three-dimensional pictures they had taken of the wounds suffered by the victims. “When a knife is stabbed into someone’s body, the dull edge of the knife often leaves a unique bruise in the flesh,” Mr. Yang said. The serial killer once stabbed his victim so hard that the tip of the knife was bent. As police subsequently discovered, Jeong had ground down the bent part of the blade.

Mr. Yang laments that the biggest difficulty associated with the investigation of serial killings is the increased skill of the psychopath. As the killing continues, his tactics become meaner, cleverer, bolder and more efficient. The killer tends to leave less evidence in later stages of the murders.

“That’s why serial murderers have to be captured at the beginning of their crimes. Otherwise, it is extremely difficult to catch them,” Mr. Yang said.
Jeong collected newspaper articles about sexual offenses and his own crimes and read books about health and forensic medicine, as well as “The Silence of the Lambs,” Thomas Harris’ classic novel about the serial killer Hannibal Lecter.
“He studied a lot. He wanted to make his crimes perfect,” Mr. Yang said. Jeong ran three times a week to increase his fitness and speed. He wanted to be able to flee from his crime scenes as fast as possible. By the time he was captured he could actually run 10 kilometers (6.2 miles) in 37 minutes, which is considered very good, even for professional marathoners.

He also changed his weapons from one crime to another and began to wear different shoes for each attack. He later tore the soles off his sneakers so he would not leave any footprints.

Serial killers often set fire to crime scenes or mutilate their victims’ bodies to eliminate evidence. Dismembering makes it more difficult to identify the victim, complicating any investigation. In the Ansan murder case, the suspect used a Chinese butcher knife to dismember the victim. Jeong set fires at many of his crime scenes and fastened the door lock from the outside to keep his victims locked inside. Yu Yeong-cheol, a serial murderer who killed 21 women and was arrested in July 2004, also mutilated his victims’ bodies.

“You only need a box cutter and a saw to dismember a body,” Mr. Yang said. He observed that male perpetrators were more likely to dismember their female victims, and this often occurs because of jealousy.

Serial murderers often kill their victims just to eliminate evidence. In a serial murder case involving eight murders and 18 robberies in Cheonan, two years ago, the perpetrators killed victims they had kidnapped for ransom. “They cut the wires they used to tie the victims and took the wires away with them. In the end, they killed the victims because they had seen their faces,” said Kim Tae-ryong, 33, a criminal investigator with the Cheonan police. Mr. Kim was able to obtain fingerprints belonging to one of the killers, Kim Jong-il, from a soju bottle in a restaurant where he had told the family of a kidnapped businessman to leave a ransom. The kidnapper used to dine at the restaurant.

The kidnappers followed foreign-made cars for weeks until they found a suitable target, mostly rich entrepreneurs. “There was never a case in which they chose a victim without careful consideration,” Mr. Kim said.

When serial crimes occur, a special project team is formed by the police. The crime investigators work around the clock. Their routine becomes brutal. They sit and sleep in a chair in the police station or in their car at a stakeout. Eating fast food and fighting boredom become routine. They cannot go home for weeks or even months.

“I was away from home for two months looking for the perpetrators,” said Mr. Kim, who solved the Cheonan case. “Waiting for the kidnappers to appear, I ate and slept in the same car for four days.”

Criminal investigation chief for the Seocho police department and an unidentified officer survey a crime scene with serial killer Jeong Nam-gyu, right. Provided by Mr. Yang

One of the two kidnappers had a prior criminal record, and, with the fingerprints from the soju bottle, the police identified the serial killer and tracked him down after three weeks of searching. It took two months to find the other kidnapper. He was hiding in houses that belonged to his relatives in an urban area of Ansan, Mr. Kim said.

“We can’t have a normal life,” said Mr. Kim, who is married with one son. Asked whether his wife minds him being absent from home all the time, he said, “My wife understands.”

Homicide investigators receive around 300,000 won ($320) more per month than other senior police officers to cover the extra expenses of their investigations. The amount is not enough.

“I get a few tens of thousands won more than others but I spend a lot more,” Mr. Kim said.

Despite working around the clock and dealing with hundreds of corpses, criminal investigators say working on crime scenes is an incomparable experience, and they feel like they are creating something from nothing. Most of all, working on crime scenes tends to fit their personalities.

“Solving a case that has been unsolved for a long time is the most exhilarating experience,” said Mr. Mun, who closed the Ansan murder case.
“I start from scratch, but, in the end, I handcuff the criminal. The rapture I feel at that moment is something ordinary people could never understand,” Mr. Yang said.

Mr. Yang, 54, began his career almost 30 years ago. He said he has seen and touched more than 400 corpses including many that had decayed and were swarming with maggots. But after all these years of attending grisly murder scenes, he still finds them disturbing. Mr. Yang said it was not until the 1990s, when democracy took root in Korea, that criminal investigators were given the status they deserved.
“In the old days, criminal investigators weren’t promoted as fast. Those who cracked down on university students for demonstrating against the military government rose through the hierarchy,” Mr. Yang said. “I didn’t like chasing after political criminals and searching college dormitories.”

Following the serial murders of recent years, the police recognized the importance of making their investigations more scientific. These days, many district police stations have established a scientific investigation department and adopted methods such as profiling in which data on different crimes and criminals is collected and compared to new criminal cases.

With television and the media so interested in the techniques of criminal investigation, criminals have become more knowledgeable and commit cleverer crimes. “That makes our job more difficult,” said Mr Yang.

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SeanHayes@ipglegal.com

Korean Pres. Roh vs. DNC Chairman Howard Dean

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SeanHayes@ipglegal.com

Rape Sentences Egregiously Low

This column appears in the Korea Times every Wednesday.


Rape Sentences Egregiously Low

Dear Professor Sean Hayes: I was very surprised when the American soldier convicted of raping a 67 year old woman only received 4 years in jail. I know in my home, Vancouver, anyone convicted of rape will receive a substantially higher sentence. Did the convicted receive a short sentence because of the influence of the United States military or because of low sentences for rapists in Korea? Surprised Canadian.

Dear Surprised Canadian: The United States military played no role in the low sentence given to the American private. The sentence received was even longer than the normal rape sentence in Korea. The reason, according to the Court, was that the victim was extremely traumatized by the rape and assault.

Private Geronimo Ramirez, 23, in mid January, raped a 67 year women as she was returning from an early morning cleaning job. Ramirez violently assaulted and raped the woman three times- once between cars, once in an alleyway, and once inside a building. He was caught when police responded to the victims screams. The crime occurred in HongDae. The woman had severe facial injuries and was severely traumatized by the rape. She is still undergoing treatment for her trauma.

The sentence is as egregious as the acts committed by Ramirez. In the U.S. federal courts, according to the U.S. Department of Justice, the average sentence for rape is 16 years and a majority of the sentence must be served. Since, Ramirez also severely injured the victim it is likely that an aggravated sentence would have been imposed.

In Korea, the average sentence is approximately three years and many cases where the victim settles with the assailant the sentence can be much lower.

In Korea, violent crimes, white collar crimes, and many crimes against property receive much shorter jail sentences than in the U.S. and much of the civilized world. Many citizens and even judges and prosecutors are upset over the low sentences and hope that something can be done. The solution is to strictly enforce mandatory minimum sentences or strictly enforce sentencing guidelines with judges required to explain why they departed from the minimum recommended sentence.

A majority of judges are opposed to mandatory minimum sentences and mandatory sentencing guidelines. Most major legal reforms are proposed by the judicial system under the guidance of the Supreme Court and enacted by the National Assembly- this needed change will not be proposed by the judicial system anytime soon. Accordingly, the people, NGOs, and professors need to push for this change. Hopefully, we will all the courage to fight for something that may not be directly affecting our lives.

American attorney Sean Hayes is a Professor of Law at Kookmin University and a Researcher for the Constitutional Court.

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SeanHayes@ipglegal.com

Korea-U.S. Agree in Two More Areas in FTA

Chosun Ilbo

Korea, U.S. Make Headway Toward FTA

Korean and U.S. trade negotiators reached agreement on the customs and government procurement at their eighth round of bilateral free trade talks, which is under way in Seoul. Including antitrust measures, where the two sides agreed Thursday, they have now concluded negotiations in three out of 19 areas under discussion. By concluding deals in the less critical sectors first, they have been able to move faster in trade negotiations toward complete conclusion in all fields.

But thorny issues like agricultural market and auto taxes remain a stumbling block, and the two sides plan to settle them in two rounds of high-level negotiations after this round wraps up. Korean top negotiator Kim Jong-hoon told reporters on Sunday, the fourth day of talks, that Korea’s attempt to protect its agricultural market and the U.S.’ demand that Korea change its car tax regime based on engine displacement will remain knotty issues until the end. Trade ministers and chief meet on March 20.


Police clash with members of anti-free trade agreement organizations including the Korean Alliance Against KORUS FTA and the Korean Peasants League during a protest in Gwanghwamun, Seoul, on Saturday.



In the customs talks, the two sides agreed to streamline the clearance process to speed up the handling of imports and exports. They also agreed to check the origin of products to prevent a detour import of merchandise manufactured in a third country. In government procurement, Korea got its wish to exempt procurement by local governments and public companies from market opening, while in the U.S. the same will be true for state governments. They also agreed not to open up the school meal market. But agriculture, textiles and auto taxes are still up on the air. High-ranking textile talks collapsed on Sunday as the U.S. market opening proposal fell short of Korea’s expectations.

Meanwhile, a survey showed Sunday that 60.8 percent of respondents supported a free trade pact with the U.S., up 5.4 percentage points from a similar late last year. Some 33 percent answered that they opposed an FTA. The survey was conducted by the KORUS FTA Industry Alliance, a private group supporting the FTA, late last month. More than half of respondents expected the FTA to benefit Korea in general. As points for further consideration in the trade talks with the U.S., opponents cited compensation for people who stand to lose out under the FTA like farmers, the need to strengthen the government’s negotiating power and public health guarantees.

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SeanHayes@ipglegal.com

Crimes Out of Desperation Increase

By Park Chung-a Korea Times

In a 1948 Italian movie ``The Bicycle Thief,’’ Antonio, a middle-aged breadwinner ends up becoming a bicycle thief as a way to overcome his desperate situation arising from economic hardship.

Now there is an increasing number of such ``bicycle thieves’’ whose crimes are linked to trying to improving their desperate lot in the country.

Last week, a 42-year-old man identified by his last name Kang, was caught by police while trying to steal three bicycles near Changhanpyong subway station in Seoul.

Kang said that he stole the worn-out bicycles in order to buy ingredients to make stew for his daughter and son who are elementary school students.

``I was just so desperate to feed my children. With the money exchanged with the bicycles I thought I could cook something for my children,’’ Kang told the police.

However, the bicycles that he stole would not have fetched even 10,000 won a piece had they been sold in a junk shop.

A former laborer Kang was hit by a car in 2000 which led him to be hospitalized for five years. During his hospitalization, his wife left home and he was left with 50 million won in household debt.

With only 700,000 won of basic monthly allowance provided by the government and the small income that he was getting by gathering and selling scrap metals, it proved too much of a burden for him to rear the two children all by himself.

``My children need to eat but I just can’t do anything for them as I just can’t afford even 1,000 won,’’ said Kang.

A 35-year-old man, identified by his last name Kim, was hit by a car 11 years ago, which left him handicapped. Since the accident, his wife left and he has been living with her daughter. The government’s 700,000 won monthly allowance is all he gets.

``The fact that I cannot give my daughter any nutritious food and cannot take her out for picnics always hangs on my mind,’’ said Kim.

A middle-aged woman in her 50s was caught last week stealing grocery products in a market in order to feed her husband who is struggling with cancer.

Although the country is in an era with a per capita GDP of $20,000, the gap between the rich and the poor is continuing to widen, leading to a rise in such crimes.

The number of crimes done out of desperation has increased by more than 9,000 cases compared to 2002, according to the National Statistical Office.

Especially, the number of crimes committed by those who are divorced or have lost partners like Kang, has risen rapidly.

One-parent families which account for 10 percent of total households in the country, earn about 700,000 won on a monthly basis and their average household debt is about 20 million won, according to the office.

michelle@koreatimes.co.kr

03-12-2007 18:01

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SeanHayes@ipglegal.com

Lawsuits Against State to Get Tougher

By Kim Rahn Korea Times

Individuals may have a lesser chance of winning lawsuits against the state, following a government measure to improve the quality of its lawyers.

The measure came amid an avalanche of suits filed by individual citizens or companies against government agencies and public organizations, according to the Ministry of Justice.

The number of suits against the nation climbed from 6,815 in 2000 to 10,027 last year, while money claimed amounted to 3 trillion won.

The ministry announced Monday it had abolished a provision restricting lawyers’ payments in cases involving the state earlier this month.

The provision, established in 1978, limited payment to lawyers representing the state.

Lawyers used to receive a 2 million won retaining fee when the amount of claimed money in the suit was less than 50 million won; 3 million won in a 50-100 million won suit; and 5 million won when the suit was over 100 million won. If they won a suit, they received additional money contingent on the success of the case according to regulations.

``We decided to abolish the provision as it prevented the government from employing capable high-earning lawyers, thus compromising the government’s chance of getting quality legal service,’’ a ministry official said.

The ministry will form a new state law firm next January employing 40 lawyers who will take charge of civil and administrative suits involving state agencies, local governments and public organizations.

The law firm will also give legal advice to the government, review the legality of government-led projects and support the government in negotiations with foreign nations such as the current FTA with the United States.

``Suits in state-led projects are increasing, such as the Saemangum Reclamation Project and the tunnel construction at Mt. Chonsong in South Kyongsang Province for the bullet train, and the amount of money being claimed is getting larger. We can decrease the state budget by coping with the suits more systematically and expertly,’’ the official said.

The number of lawsuits has risen as new cases of collective action emerge, including noise complaints by residents near airports and suits by exam-takers to correct wrong questions being given in recent examinations by government agencies.

The government has won between 34 percent and 37 percent of the total suits per year. The ratio of suits that the government has lost decreased from 24.8 percent in 2000 to 19.8 percent last year.

rahnita@koreatimes.co.kr

03-12-2007 18:24

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SeanHayes@ipglegal.com