United Nations
A/HRC/17/27/Add.2
General Assembly Distr.: General
21 March 2011
Original: English
Human Rights Council
Seventeenth session
Agenda item 3
Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development
Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression,
Frank La Rue
Addendum
Mission to the Republic of Korea
Summary
The Special Rapporteur on the promotion and protection of the right to freedom of
opinion and expression undertook an official mission to the Republic of Korea from 6 to 17
May 2010. In the present report, he provides a brief overview of the political and historical
background in the Republic of Korea, and outlines international legal standards and the
domestic legal framework on the right to freedom of opinion and expression. In the main
section of the report, the Special Rapporteur focuses on the following issues of concern:
defamation, freedom of opinion and expression on the Internet, freedom of opinion and
expression before elections, freedom of assembly, restrictions on freedom of expression on
the basis of national security, freedom of opinion and expression of public officials,
independence of the media, and the National Human Rights Commission of Korea.
The Special Rapporteur commends the progress made over the decades in the
Republic of Korea as a vibrant democracy, including the attainment of one of the highest
broadband Internet penetration in the world. However, the Special Rapporteur expresses his
concern that since the candlelight demonstrations of 2008, there have been increased
restrictions on individuals’ right to freedom of opinion and expression, primarily due to an
increasing number of prosecutions, based on laws that are often not in conformity with
international standards, of individuals who express views which are not in agreement with
the position of the Government. The Special Rapporteur makes several recommendations
the position of the Government. The Special Rapporteur makes several recommendations
on each of the main issues addressed to fully guarantee the right of all individuals to
express diverse opinions, both in law and in practice, which would further consolidate the
democratic foundations of the Republic of Korea.
Annex
Report of the Special Rapporteur on the promotion and
protection of the right to freedom of opinion and expression,
Frank La Rue, on his mission to the Republic of Korea
(6-17 May 2010)
Contents
Paragraphs Page
I. Introduction ………………………………………………………………………………………………. 1?6 4
II. Political and historical background ………………………………………………………………. 7?11 4
III. International legal standards………………………………………………………………………… 12?13 5
IV. Domestic legal framework ………………………………………………………………………….. 14?16 6
V. Situation of the right to freedom of opinion and expression in the
Republic of Korea ……………………………………………………………………………………… 17?86 6
A. General overview ……………………………………………………………………………….. 17?20 6
B. Issues of concern………………………………………………………………………………… 21?86 7
VI. Conclusions and recommendations ………………………………………………………………. 87?102 19
A. Defamation ……………………………………………………………………………………….. 89 20
B. Freedom of opinion and expression on the Internet …………………………………. 90?94 20
C. Freedom of opinion and expression before elections……………………………….. 95 21
D. Freedom of assembly ………………………………………………………………………….. 96 21
E. Restrictions on freedom of opinion and expression on the basis of
national security …………………………………………………………………………………. 97?99 21
F. Right to freedom of opinion and expression of public officials…………………. 100 21
G. Independence of the media ………………………………………………………………….. 101 22
H. National Human Rights Commission of Korea ………………………………………. 102 22
2011-03-20
