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Human Rights Violations: Welding and Blocking Exits of a Basement Demonstration Site Emergency Relief [2007] KRNHRC 12 (1 January 2007)

Three groups including "G" Labor Union of "H" Company asked the Commission to
provide emergency relief, arguing that the police prevented daily necessities from being
delivered to a demonstration site, violating right to life of the demonstrators, restricted free
access including visit of demonstrators' families to make the demonstrators actually
detained, and welded fireproof shutters, threatening the safety of demonstrators who would
not escape in case of a fire, and violating right to personality of the demonstrators.
After investigation, the Commission concluded that an emergency relief was not
necessary to address the issue of delivery of daily necessities and restricted family visits.
However, it recommended the police to allocate policewomen to check goods for women
at the entrance. The Commission found that 13 doors and fireproof shutters on the
basement floor except one door were welded to iron bars or chains. It ruled that the
welding might cause serious risks to life and physical safety of the demonstrators, in case
of a fire, and gravely violated right to personality originated from human dignity and
values defined in the Constitution, because the demonstrators felt a sense of being
disdained while seeing the police welding all entrance doors.
Therefore, the Commission offered an emergency relief, in accordance with Article 48.2
of the National Human Rights Commission Act, as it ordered the Chief of the Fire Station
in charge of the demonstration site and the Chief of the Seoul Metropolitan Fire and
Disaster Management Department to take necessary actions to prevent recurrence by
conducting an emergency fire safety inspection.
Investigation into Who Led Welding ad Blocking Emergency Exits of the Demonstration Site

After investigation into who led welding and blocking fire safety facilities and
emergency exits, the Commission found that
(1) the Korean National Police Agency ordered to block all exits except one or two using
its internal documents on security guidelines and directions;
(2) a high-ranking manager of "H" Company said that the company blocked exits, following
the direction and request of the police, according to video data and statement of reporters
covered the demonstration on-site;
(3) company managers and demonstrators elaborated on the police request and the circumstances;
(4) policemen stated that they repeatedly asked company managers to block emergency exits;
(5) fire-fighters who participated in fire safety inspections stated that policemen blocked
emergency exits. Based on these findings, the Commission finally confirmed that the
police ordered and requested "H" Company to weld and block fire safety facilities and
emergency exits of the demonstration site.

The Commission ruled that policemen violated international norms including the United
Nations Universal Declaration of Human Rights, right to personality defined in Article 10
of the Constitution (Human Dignity and Values), freedom of physical safety defined in
Article 12 of the Constitution (Personal Freedom), Article 10.1 of the Act on Fire-fighting
Facilities Maintenance and Safety Management, and Articles 4, 10, and 11 of the
Regulation on Police Officer Duties.

Therefore, the Commission recommended the Commissioner General of the Korean
National Police Agency to give a warning to the Chief of the Police Station in charge of
guarding the demonstration site, to give a caution to the Chief of the District Police
Agency in charge of general management of demonstration-related issues in the region,
and to develop and implement measures to prevent recurrence of similar safety incidents
and human rights violations, when the police fulfilled its duty within a building.