[\ubcf4\ub3c4\uc790\ub8cc]<\/p>\n
\uad6d\uc815\uc6d0 \ubbfc\ubcc0\uc18c\uc18d \ud68c\uc6d0 3\uc778 \ubcc0\ud638\uc0ac \uc18c\uc1a1\uc81c\uae30\uc5d0 \ub300\ud55c<\/p>\n
\uc720\uc5d4 \ud2b9\ubcc4\uc808\ucc28 \uc9c4\uc815<\/p>\n
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1. \uadc0 \uc5b8\ub860\uc0ac\uc758 \ubc1c\uc804\uc744 \uae30\uc6d0\ud569\ub2c8\ub2e4.<\/p>\n
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2. \ubbfc\uc8fc\uc0ac\ud68c\ub97c \uc704\ud55c \ubcc0\ud638\uc0ac\ubaa8\uc784 \uad6d\uc81c\uc5f0\ub300\uc704\uc6d0\ud68c(\uc704\uc6d0\uc7a5 \uc7a5\uc601\uc11d \ubcc0\ud638\uc0ac, \uc774\ud558 \ubbfc\ubcc0)\ub294 \uc624\ub298 6. 25. \uad6d\uac00\uc815\ubcf4\uc6d0\uc5d0 \uc758\ud55c \ubbfc\ubcc0\ud68c\uc6d0 3\uc778\ubcc0\ud638\uc0ac\uc5d0 \ub300\ud55c \ubbfc\uc0ac\uc18c\uc1a1 \uc81c\uae30\uc5d0 \ub300\ud558\uc5ec \uc720\uc5d4\uc778\uad8c\uc639\ud638\uc790 \ud2b9\ubcc4\ubcf4\uace0\uad00(the Special Rapporteur on the situation of Human Rights Defenders)\uc5d0\uac8c \uc9c4\uc815\uc11c(Letter of Allegation)\ub97c \uc81c\ucd9c\ud558\uc600\uc2b5\ub2c8\ub2e4.<\/p>\n
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3. \uad6d\uac00\uc815\ubcf4\uc6d0\uc740 \uc9c0\ub09c 5. 10. \uc18c\uc18d \uc9c1\uc6d0 3\uc778\uc758 \uba85\uc758\ub85c \ubbfc\ubcc0\ud68c\uc6d0 \ubcc0\ud638\uc0ac 3\uba85\uc774 \uae30\uc790\ud68c\uacac\uc744 \ud1b5\ud574 \uad6d\uc815\uc6d0\uc758 \uba85\uc608\ub97c \ud6fc\uc190\ud558\uace0, \uadf8 \uc18c\uc18d \uc218\uc0ac\uad00\ub4e4\uc758 \uba85\uc608\ub97c \ud6fc\uc190\ud558\uc600\uae30\uc5d0 \uac01\uac01 2\uc5b5\uc6d0, \ucd1d 6\uc5b5\uc6d0\uc758 \uae08\uc561\uc744 \uccad\uad6c\ud558\ub294 \uc18c\uc1a1\uc744 \uc81c\uae30\ud558\uc600\ub2e4\uace0 \ubc1d\ud614\uc2b5\ub2c8\ub2e4. \uc774\uc5d0 \ubbfc\ubcc0\uc740 \uc9c0\ub09c 6. 10. \uc790\uccb4 \ub17c\ud3c9\uc744 (\ucca8\ubd80 2. \uc601\ubb38\ubcf8, \uad6d\ubb38 \uc6d0\ubcf8 http:\/\/minbyun.org\/?mid=voice_02&document_srl=1696405&listStyle=&cpage=) \ud1b5\ud558\uc5ec \uc18c\uc1a1\uc758 \ubb38\uc81c\uc810\uc744 \uc870\ubaa9\uc870\ubaa9 \ube44\ud310\ud558\uc600\uc2b5\ub2c8\ub2e4.<\/p>\n
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4. \ub610\ud55c \ubbfc\ubcc0\uc740 \uc720\uc5d4 \uc778\uad8c\uc639\ud638\uc790 \ud2b9\ubcc4\ubcf4\uace0\uad00\uc758 \ud55c\uad6d \uacf5\uc2dd\ubc29\ubb38\uc2dc \ubbf8\ud305\uc744 \ud1b5\ud558\uc5ec \uad6d\uc815\uc6d0 \ud569\ub3d9\uc2e0\ubb38\uc13c\ud130\uc640 \ud558\ub098\uc6d0\uc758 \ubb38\uc81c\uc810\uc744 \uc804\ud558\uc600\uc73c\uba70, \uc774\uc5d0 \ud2b9\ubcc4\ubcf4\uace0\uad00\uc740 \uacf5\uc2dd\ubc29\ubb38 \ub9c8\uc9c0\ub9c9 \uae30\uc790\ud68c\uacac\uc5d0\uc11c \u201c\uad6d\uc815\uc6d0\uc758 \ud569\ub3d9\uc2e0\ubb38\uc13c\ud130\uac00 \ub3c5\ubc29\uad6c\uae08\uc73c\ub85c \uc774\uc5b4\uc9c0\uace0 \uc788\uace0, \ubcc0\ud638\uc778\uacfc \uac00\uc871\ub4e4\uc758 \uc811\uadfc\uad8c\uc774 \ubcf4\uc7a5\ub418\uc9c0 \uc54a\uace0 \uc788\uc73c\uba70, \ud0c8\ubd81\uc790\ub97c \ubc94\uc8c4\uc790 \ucde8\uae09\ud558\uace0 \uc788\uc74c\u201d\uc744 \uc9c0\uc801\ud558\uc600\uc2b5\ub2c8\ub2e4. \uadf8\ub7fc\uc5d0\ub3c4 \uad6d\uc815\uc6d0\uc5d0\uc11c \uc18c\uc1a1\uc744 \uc81c\uae30\ud55c \uac83\uc740 \uc9c0\uadf9\ud788 \ubd80\ub2f9\ud558\ub2e4\uace0 \ud560 \uc218 \uc788\uc2b5\ub2c8\ub2e4.<\/p>\n
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5. \uc774\uc5d0 \ubbfc\ubcc0\uc740 \uad6d\uc815\uc6d0\uc758 \uc798\ubabb\ub41c \uc18c\uc1a1\uc81c\uae30\uc5d0 \ub2e8\ud638\ud788 \ub300\uc751\ud558\uae30 \uc704\ud574 \ub300\uaddc\ubaa8 \uacf5\ub3d9\ubcc0\ud638\uc778\ub2e8\uc744 \uad6c\uc131\ud558\uace0 \ub3d9\uc2dc\uc5d0 \uc720\uc5d4 \uc778\uad8c\uc639\ud638\uc790 \ud2b9\ubcc4\ubcf4\uace0\uad00\uc5d0\uac8c \uad00\ub828 \uc0ac\ud56d\uc744 \uc9c4\uc815\ud558\uc5ec \uc774 \uc0ac\uc548\uc744 \uc720\uc5d4\uc778\uad8c\uc639\ud638\uc790 \ud2b9\ubcc4\ubcf4\uace0\uad00\uc758 \ud55c\uad6d \uacf5\uc2dd\uc870\uc0ac\ubc29\ubb38 \ubcf4\uace0\uc11c\uc5d0 \ubc18\uc601\uc774 \ub418\ub3c4\ub85d \ud558\uace0, \uc720\uc5d4\uc744 \ube44\ub86f\ud55c \uad6d\uc81c\uc0ac\ud68c\uc5d0 \uc801\uadf9 \uc54c\ub9b4 \uc608\uc815\uc785\ub2c8\ub2e4.<\/p>\n
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6. \uac10\uc0ac\ud569\ub2c8\ub2e4.<\/p>\n
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\ucca8\ubd80 1. \uc720\uc5d4\uc778\uad8c\uc639\ud638\uc790 \ud2b9\ubcc4\ubcf4\uace0\uad00\uc5d0\uac8c \uc81c\ucd9c\ud55c \uc9c4\uc815\uc11c(\uc601\ubb38)<\/p>\n
\ucca8\ubd80 2. \uad6d\uc815\uc6d0\uc18c \uc81c\uae30\uc5d0 \ub300\ud55c \ubbfc\ubcc0 \ub17c\ud3c9(\uc601\ubb38)<\/p>\n
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\ubbfc\uc8fc\uc0ac\ud68c\ub97c \uc704\ud55c \ubcc0\ud638\uc0ac\ubaa8\uc784<\/p>\n
\uad6d\uc81c\uc5f0\ub300\uc704\uc6d0\ud68c \uc7a5\uc601\uc11d \uc704\uc6d0\uc7a5(\uc9c1\uc778\uc0dd\ub7b5)<\/p>\n
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\ucca8\ubd80 1. \uc9c4\uc815\uc11c<\/p>\n
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A Letter of Allegation to the Special Rapporteur on the situation of Human Rights Defenders<\/span><\/span><\/p>\n A. Essential information<\/span><\/p>\n 1. Name of alleged victim\/s<\/span><\/p>\n Kyung-uk Jang (Male, Korean, Member Lawyer of MINBYUN)<\/span><\/p>\n Yong-min Kim (Male, Korean, Member Lawyer of MINBYUN)<\/span><\/p>\n Seung-bong Yang (Male, Korean, Member Lawyer of MINBYUN)<\/span><\/p>\n \u00a0<\/span><\/p>\n 2. Status of the victim as a human rights defender<\/span><\/p>\n Mr. Jang, Kim, and Yang are all member lawyers of MINBYUN and they have recently formed the defense counsel for Mr. Liu who was arrested for violating the National Security Act.<\/span><\/p>\n Mr. Liu (Chinese-Korea, North Korea defector) was arrested for conducting espionage while working as a civil servant for the Seoul Metropolitan Government. The National Intelligence Service justified the espionage charge only by the testimony of Mr. Liu’s sister which admits her brother’s espionage activities.<\/span><\/p>\n \u00a0<\/span><\/p>\n 3. Alleged violation\/s committed against the victim<\/span><\/p>\n On May 10, 2013, 3 agents of National Intelligence Service filed a civil lawsuit against the 3 above-mentioned lawyers.<\/span><\/p>\n The lawsuit asks for \u20a9200,000,000 each in damages (\u20a9600,000,000 in total) on the ground that the lawyers defamed the reputation of the agency and its agents by holding a press conference on April 27, 2013, where the lawyers revealed that the agency had made up the espionage case against Mr. Liu with the help of Mr. Liu’s sister whose testimony was the sole evidence of the case. The sister confessed that her testimony was fabricated and distorted by the agency.<\/span><\/p>\n \u00a0<\/span><\/p>\n 4. Perpetrators<\/span><\/p>\n The National Intelligence Service and the agents who filed the lawsuit<\/span><\/p>\n \u00a0<\/span><\/p>\n 5. Action by authorities<\/span><\/p>\n The action by authorities has not been reported<\/span><\/p>\n \u00a0<\/span><\/p>\n 6. Link between the violation and human rights work<\/span><\/p>\n The 3 lawyers are the defense counsel for Mr. Liu, a victim of the agency’s fabricated espionage case. The lawsuit has been filed in response to the lawyers helping to uncover the truth about the espionage charge against Mr. Liu at a press conference held on 27 April. The lawsuit is intended to intimidate the lawyers and to suppress their right of counsel in defending Mr. Liu.<\/span><\/p>\n <\/p>\n 7. Who is submitting this information? (Confidential)<\/span><\/p>\n MINBYUN-Lawyers for a Democratic Society<\/span><\/p>\n Contact: detatil: Dong-Hwa Lee<\/span>\u00a0<\/span><\/p>\n International Coordinator<\/span>\u00a0<\/span><\/p>\n MINBYUN-Lawyers for a Democratic Society<\/span><\/p>\n \u00a0<\/span>F, Sinjeong B\/D, 1555-3, Seocho-dong, Seocho-gu,<\/span><\/p>\n Seoul, Republic of Korea, P.O. 137-070<\/span><\/p>\n Tel: 82 2 522 7284 Fax: 82 2 522 7285<\/span>\u00a0<\/span><\/p>\n E-mail : dhlee@minbyun.or.kr HP : http:\/\/minbyun.org<\/span><\/p>\n \u00a0<\/span><\/p>\n B. Useful information\u00a0<\/span><\/p>\n \u00a0Mr. Liu (Chinese-Korea, North Korea defector) was arrested for conducting espionage while working as a civil servant for the Seoul Metropolitan Government. The National Intelligence Service justified the espionage charge only by the testimony of Mr. Liu’s sister which admits her brother’s espionage activities.<\/span><\/p>\n \u00a0The lawsuit asks for \u20a9200,000,000 each in damages (\u20a9600,000,000 in total) on the ground that the lawyers defamed the reputation of the agency and its agents by holding a press conference on April 27, 2013, where the lawyers revealed that the agency had made up the espionage case against Mr. Liu with the help of Mr. Liu’s sister whose testimony was the sole evidence of the case. The sister confessed that her testimony was fabricated and distorted by the agency.<\/span><\/p>\n \u00a0<\/span><\/p>\n \u00a0<\/span><\/p>\n \ucca8\ubd80 2. \ubbfc\ubcc0 \ub17c\ud3c9<\/span><\/p>\n \u00a0<\/span><\/p>\n [Commentary] MINBYUN condemns the lawsuit by the National Intelligence Service<\/span><\/p>\n On June 5, 2013, it was confirmed that on May 10, 3 agents from the National Intelligence Service(\u2018NIS\u2019) filed a lawsuit against Mr. Kyung-uk Jang, Mr. Yong-min Kim, and Mr. Seung-bong Yang, member lawyers of MINBYUN-Lawyers for a Democratic Society(\u2018MINBYUN\u2019) for 200,000,000 Korean Won each in damages on the ground of defamation. The agents claimed in their complaint that three lawyers allegedly committed defamation adversely affecting reputation of themselves as well as NIS by publicly revealing and spreading false information in a press conference held on April 27 in which three lawyers at present raised the allegation that NIS fabricated an espionage case against Mr. Liu based on his sister\u2019s confession, sole evidence obtained under duress. Three lawyers were representing Mr. Liu, Chinese Korean and North Korean defector who were arrested on the ground of espionage in violation of the National Security Act during his service for the Seoul Metropolitan Government.<\/span><\/p>\n \u00a0<\/span><\/p>\n MINBYUN finds the lawsuit intended to undermine full implementation of right to counsel as well as to discourage advocacy activities of the human rights defenders on the grounds as follow.<\/span><\/p>\n \u00a0<\/span><\/p>\n First, the lawsuit by the NIS agents amounts retaliation by nature against MINBYUN member lawyers for public announcement that there are reasonable grounds that NIS fabricated the case against Mr. Liu. According to the statement that Ms. Liu, sister of Mr. Liu made on April 27, the espionage charge was solely based on Ms. Liu\u2019s testimony during the interrogation taken place at the Central Joint Interrogation Center under NIS. Since her entrance to South Korea on 30 October 2013 Ms. Liu was taken into custody for 6 months with no permission to correspond or contact outside of the detention facility. The NIS agents questioned Ms. Liu about her brother. According to her statement, the agents persistently threatened her that it would be the best interest of her brother for Ms. Liu to make cooperative statements with respect to the espionage allegations against her brother. Therefore, because of her testimony to be fabricated by NIS, her brother was indicted for spying in violation of the National Security Act. However Ms. Liu was present at the press conference to tell the truth about the fabricated espionage case against her brother and the NIS\u2019s attempt to this case lost its ground. This law suit against three MINBYUN lawyers is absurd given that the wrongdoer is the plaintiff.<\/span><\/p>\n \u00a0<\/span><\/p>\n Second, the lawsuit of the NIS agents undermines the rights of counsel as legal officer who represents his or her client who has reasonable grounds to believe that the espionage case has been made up by the state agency. The lawyers are protected, by law, from civil law suits for legal representation and other actions, unless illegal, in an attempt to protect the best interest of the client. Here, three lawyers were present at the press conference as a capacity of legal counsel for Mr. Liu and their statements regarding facts of the incidents involving great possibility of fabrication in the espionage case against Mr. Liu, are protected by law, accordingly.<\/span><\/p>\n