From: btlee@emx.cc.utexas.edu (Mr. Byungtae Lee)
Newsgroups: soc.culture.korean
Subject: Re:Another answer
Date: 28 Dec 92 20:26:25 GMT
Organization: The University of Texas at Austin; Austin, Texas

From: sl26@ellis.uchicago.edu (sangjin  lee)
Subject: Bad Laws (Another Answers)

In summary, two apparent problems with these laws are 1. ambiguous
statements prepared to be abused, and 2. practice of selective applications
of these elements in favor of one party.

     Thank you for your information.  I agree the most of your analysis and
     because I have got plenty of emotional response, I'd like to say that
     I LIKE this kind of discussion rather than personal attack (most of them
     are groundless.)

     1. Das Kapital
     At least, after grand court reinterpretation, applying this las has been
     reatively limited.  I made it clear why IM/Moon case are different from
     other overnment officials and congromate leaders. 
     Now new guideline to apply the Security laws is that you should have
     "formal organization" which clearly are beneficial to North Korea.     

     Yes we have overpowered police. It also applys to "common" citizens.
     Police can stop any car in any situation even you do not violate any
     traffic regualtion. The same thing happens in Japan and other Asian
     countries.  Regarding this problem, once I advocated the more accesibility
     to lawyers. In Korea, only small number of law school graduates can be 
     lawyers and they become another "noble class." I could meet only company
     lawyers in my life except my friend lawyers.  Even in USA, now they 
     worry about over-supply of laywers but in my country, I think we need 
     much more cheap laywers to defend individual rights.  

     Possessing ID mandatarily is alos very unique law in Korea. In general
     we have the concept of BIG Brother government ( I think).
    
     2. Labor-related laws

     Regarding labor laws, yes Korea prohibits the third party intervention
     and totally deny the union rights of governement public officials. 
     The vivid example of the latter was "teachers' union movement" which the 
     grand court and "constitution court" denied.  
     Those are reserved articles when Korea joined ILO as far as I remember.
    
     In private sector, we have learned a lot after turmoils of labor disputes
     since 1987 which was peak in 1988. Now I think it's time for business 
     sector to run that by itself. 

     However, what I want to say is that those limitations come from social
     concensus and tradition rather than law itself.
      
     3. Demonstration regualtion

     I think USA also have very similar laws. The demonstrators can be arrested
     not only traspassing "private property" but also "trasspassing police 
     lines".   Once student movement declared "no Molokov-cocktail"
     demonstration provided "no tear gas." This promise was broken soon.
     
     You also agreed now demonstration can be held by "notifying" rather than
     "permission."  What I said was that at least these labor and demonstration
     laws were passed by opposition outnumbered national assembly. (only 
     national security law could not be reached to agreement.) 

     Selective application problem is not the problem of laws. It's the problem
     of social power balance.  In addition, this unfair practice does not 
     give any excuse for not obeying laws.  It is also partially true that
     prograssive forces do not respect these laws and so they have shrinked
     its political supporting base from "common" citizens.
      
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