[부록3] 맥브라이더회의 발표 및 Korea Web Weekly(www.kimsoft.com)보도

Computer Communication Censorship in Korea

Written By Kim Young Sik,

the member of CUAC

Computer Communication is interactive, asynchronous(narrowcast) and real time communication over region and time. These natures give us chances to use data from Korea and other countries and communicate with other associations easily. Many companies and parties think this the road to teledemocracy. However these possibilities can be realized only when free speech is guaranteed. But some government actions might destory these possibilities. Examples of censorship in korea are as follows.

Ⅰ. Censorship By Government

1. KCIA and Related Agency

1.1. National Security Law(NSL)

Article 7 : Praising or Sympathizing

1. Sentence up to 7 year in prison for those who praise, encourage,

disseminate or cooperate with anti-government groups, members or those

under their control, being aware that such acts will endanger the national

security and the democratic freedom

2. Dropped 91. 5.31

3. Minimum two years in prison for those who organize or join a group intending to commit acts defined in [1]

4. Minimum two years in prison for those who create or spread false information which "may" disturb national order as members of

anti-government groups as defined in [3]

5. Punishments as defined in [1], [3], or [4] for those who create, import, copy, possess, transport, distribute, sell, or acquire documents, arts or other publications for -the purpose of committing acts as defined in [1], [3] or [4] respectively


★ Korea government's position.

An interview of South Korea government official published in NY Times

"If we don't do anything about North Korean propaganda, then maybe our high school or university students can be ill-informed by their articles," said Lt. Gen. Park Yong-ok, the assistant defense minister. "Ordinary people do not have the information and knowledge and understanding to know what is wrong and what is good."

On that basis, it remains illegal in South Korea to listen to North Korean radio or watch North Korean television. Anyone can be imprisoned for speaking out in favor of the North Korean system. July 10, 1996 New York Times

Korea Central Intelligence Agency (KCIA, So called "An-Ki-Bu") and related agencys monitor materials on online services and make decisions on materials National Security Law (UN recommended for a revision in such actions several times However Korea government always ignored such recommendations. Such laws are condemned as McCarthy's or Neo-Fascist's law) Under this law you may be apprehended for posting printed materials and political view(it is decided to be dangerous by KCIA)online. Most of materials on online, Although these postings are parts of printed media, and don't "directly, immediately, and irreparablely" harm korean nation, Such postings are illegal under NSL

CASEs

● Kim Hyung Yul, a member of Modern Philosophy Conference, an academic group in Chollrian, a Korean online service.

- Posting [SaNoMaeng]'s articles on BBS

The [SaNoMaeng], a labor socialist group in korea active during 1991. it dissolved in 1991

the article was published in public publication - restraint/judgment : guilty

● Kim Young Sun, a member of MPC

- Posting some parts of Book, such as Anarchism and keeping these postings on BBS

- restraint/judgment : guilty

● Jin Sang Ho, a member of MPC

- Posting parts of [Communist Manifesto]

- restraint/judgment : guilty -> after a hearing for a appeal, judgment

: acquittal

● Whang Eui Sun the member of MPC

- Keeping some articles on BBS

- restraint/judgment : guilty

● The Group, Solidarity of Korean University Press(UNIP)

- Posting an article which contents concerning condolance for Kim Il Sung's death, the late ruler of DPRK

- Under prosecution

● Lee Chang yul, a member of Social Criticism Group "Hee Mang Ter"

- Posting Kim Il Sung's New Year's address which was published by some Newspapers

- restraint/judgment : guilty

● Lately related agency(including police and prosecutors) locked out

CUG(Closed Used Group' BBS) of "Han Chong Reun"- The Solidarity of representatives who are elected at most of universities in korea, major students group in korea- because It frequently agitatated demonstration.

*Some happening of interest on internet One Graduate Student was in contact with North Korean student on internet, which is in this case illegal under NSL. We are watching closely what korean government will do. "One who meets North Korean by chance on internet should report to a Korean police within 7 days" stated a Korean government official. - Dong-a il bo March 1996 -

1.2 Election law

During 1996's parliamentary election, People who posted articles that condemn candidates, were arrested. Such materials are outlawed under Election Law in Korea. This is a typical example of suppression against Free Speech in computer communication. Not opposition party but also ruling party issued a statement that they want them released quickly but Korean government denied this request.

CASES

● Kwon Jong Sun and Kim Dong Up, company employees

Go Hyun Seok who was preparing a Bar exam.

-Posting an article slandering some candidates

- On trial

- Mr Kim was fined approximately $ 1200

2. Censorship By Information & Communication Ethics Office

"Information & Communication Ethics office" was established in 1995 according to the article 13 of Electric Communication Business Law. This committee have the right of "Rating". But as a result this "Rating", the Minister of communication can order 'Information Provider(IP)' that delete and restrict materials. So, what this office actually does is not rating but censoring material on online.

a) this office censorship

1. pre-censor materials provided by Information Provider(IP). This office give permision and restriction to IP businesses

2. post-censor BBS, Chating Room, Public Domain Service on online service

b) This office's censorship criterion decitate all on-line services' this criterion for censorship is so ambiguous that violates free speech and private rights. The examlpes fo the criterion are as followes.

1. "encroachment the public moral"

2. "Against the dignity of the nation"

3. "information that harm youth character, emotion and the value sense" etc..

This office censor obscene or indecent materials and political views which are posted on online.(In Korea, what are obscene and indecent are not specified)

CASES

● pre-censor cases

It pre-censores about 300 IP monthly , It gives permission and restriction to IP businesses. However they can't restrict Foreign Imformation Provider business on internet.

● post-censor cases

1. restrict Newsgroups including "erotica"

2. restrict Web pages related to North Korea

3. request (actually order) on-line sevices to restrict ones who posted some indecent articles and political views. After this restriction, he gathered these articles and publish book legally.

Ⅱ. Censorship by Online service companies.

Online service companies including HiTEL, Nownuri and Chollian etc(which are major online service companies in Korea compare to Pordigy, American Online and CompuServe) have their own censorship criterion. They can censor, delete and restrict articles on their systems and ban its users. But if some materials, which are not deleted or restricted by online service companies, on their system are proved to be illegal, An online service company has no responsibility for these materials. Online service companies can censor but have no responsibility. Such cases obviously violate free speech and private right.

CASES

● By Aug. 1996, 222,234 articles were deleted by Nownuri. We think Other online service companies deleted as much.

● From May, 1996 to Aug, 1996, 1045 HiTEL users were restricted according to its censorship criterion.

● KTTU( Korea Telecom Trade Union's CUG(Closed User Group) BBS) was locked out by Hitel because the group only agitatated a strike and condemned president Kim Young Sam and HiTel employee.

(After passing above three barriers Korean People can post material on online(including internet)

Ⅲ. Who are SPNG & CUAC ?

SPNG(Solidarity of Progressive Network Group) whichm consist of 12 cyberspace or real space groups, is non-profit group in korea. SPNG strives to make people-oriented cyberspace and construct progressive network. SPNG held forums cencerning "Information Society", " Super Highway in Korea", "Public access", "Labor Union and Inernet", "Fee System of Online service in Korea" etc.

In 1996 SPNG made sub-organization named "Civil Union Against Censorship(CUAC)" for free speech and private right on online. CUAC plans to publish "White Paper against censorship" every years. CUAC is not exclusive. CUAC will work for the right of free speech and private right. If you want to participate in this effort, we want you to do.

The member of CUAC is

1. SPNG

1) Task Group for Labor Information(노동정보 사업단)

2) Network Group Alternative(얼터네티브)

3) Social Information Networking Group(정보연대)

4) Truenet for Human World(참세상)

5) Moden Philosophy in the Network(현철동)

6) Science & Technology for Human & Nature(한과청)

7) BARUN(Progressive network group in HiTEL)(바른통신을 위한 모임)

8) COOL WELL(Porgressive network group in Nownuri)(찬우물)

2. Progressive On-line Forum for Labor Researches(노동연구 포럼).

3. Korean Scientist and Technicians' UNION (전국과학기술노동조합)

4. Korea Sustainable Development Network(KSDN)

5. Citizens Information Center for Environment(시민환경정보 센터)

6. 학술단체 협의회