including alleged violations of the National Security Law. Judges served for
10 years and could be reappointed for further terms; they could not be
dismissed except by impeachment or conviction for certain crimes and their
political activities were restricted. The Constitutional Court ruled on the
constitutionality of laws, impeachment cases, the dissolution of political
parties and conflicts of jurisdiction. The Military Court Act specified the
procedures to be applied by military justice and guaranteed the fundamental
rights of the defendant in the same way as the civil courts' Code of Criminal
Procedure, the only exception being the right to appeal. Military justice
could apply to civilians who committed such crimes as military espionage*
supply of contaminated food to soldiers, and unlawful activities in respect of
prisoners-of-war and sentries under martial law. In the latter connection,
the term "extraordinary law" mentioned in the report referred to martial law
as declared in states of siege or on the outbreak of war.
498. With reference to articles 12 and 13 of the Covenant, the representative
of the State party explained that, since the hope of peaceful reunification
had yet to be fulfilled, some restrictions were placed on travel to the
Democratic People's Eepublic of Korea, in acordance with article 12,
paragraph 3, of the Covenant, which provided for restrictions to the freedom
of movement for reasons of national security. The Government was working with
the Office of the United Nations High Commissioner for Refugees to provide
humanitarian assistance to boat people until they could be resettled in the
country of their ultimate destination or a third country willing to accept
them. So far, about 1,220 boat people had been resettled in third countries
after arriving in the Republic of Korea and 155 were still residing in a
temporary accommodation camp.
499. In response to questions relating to articles 17, 18 and 19 of the
Covenant, the representative of the State party emphasized that the Republic
of Korea did not practise censorship. The writings of Marx, Lenin and other
communist works were, for instance, freely available in bookstores and
university libraries. Propaganda that could destabilize the country was,
however, restricted under the National Security Law and the publication,
copying, transportation or dissemination of propaganda for the purpose of
jeopardizing national security was forbidden. The Performance Act, the Movies
Act and the Act concerning Records and Video Materials imposed, in accordance
with article 19 of the Covenant, very limited restrictions on movies, records
and tapes for the purpose of maintaining public order and morality.
500. With regard to articles 21, 22 and 25 of the Covenant, the representative
of the State party stated that, on receiving notice of an assembly or
demonstration, the police examined it to see whether the gathering would occur
at a prohibited time and place and whether it would disrupt traffic. If the
demonstration had the potential to create violence or posed a clear threat to
public order and safety, a prohibition order was issued, nullification of
which could be sought in the courts. A recently established Assembly and
Demonstration Consideration Committee had issued objective standards for
limiting prohibitions of assemblies, with a view to better protection of human
rights. Teachers and journalists were prohibited from joining certain
political parties so as to preserve their strict impartiality in party
politics. Under article 8 of the Constitution, if the purpose or activities
of a political party were contrary to the fundamental democratic order, the
Government could bring an action for its dissolution before the Constitutional
Court.
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