Alleged Japanese Collaborators and the Korean Constitution
by Richardson ~ August 17th, 2007. Filed under: Korean Culture, Korean Politics.This is an update to, “The Consequences of Anti-nationalistic Acts,” concerning the South Korean government’s plan, per a “special law” cooked up by the Investigative Commission on Pro-Japanese Collaborators’ Property, to:
…confiscate $27 million worth of land from the descendants of 10 people who allegedly collaborated with Japan during its 1910-45 colonial rule… (emphasis added)
Aside from the obvious – though not to all – problems with punishing the descendents of some who allegedly did something unpalatable but legal at the time (prior to WWII), that there are no identified victims, and that the ROK government received reparations from Japan in 1965 that should cover this situation, the seizures are a clear violation of the Republic of Korea Constitution, Article 13:
(1) No citizen shall be prosecuted for an act which does not constitute a crime under the law in force at the time it was committed, nor shall he be placed in double jeopardy.
(2) No restrictions shall be imposed upon the political rights of any citizen, nor shall any person be deprived of property rights by means of retroactive legislation.
(3) No citizen shall suffer unfavorable treatment on account of an act not of his own doing but committed by a relative. (emphasis added)
This doesn’t say much for the development of civil society in South Korea (due process? ex post facto?). Perhaps Robert is correct and this will become an issue for the Constitutional Court.
August 17th, 2007 at 8:54 am
So now, Korean citizens on both sides of the DMZ once again face persecution of blood.
Why is the Seoul government worth dying for, again?
August 17th, 2007 at 9:21 am
IMO, the Roh government never has been/could be.
Elections in December bring some hope, but the lack of public outcry is a bit disappointing, or maybe I’m just not seeing it.
August 17th, 2007 at 10:27 am
Is there a chance a right-winger will make it in? I do not know if South Korea is looking forward to the summit, not looking forward to the summit see the summit as a political ploy, or see it as a political ploy but do not care.
There are pics of people picketing (I think) pushing for aid to the North if I am understanding the news correctly. So it is difficult to decipher how the elections may turn out.
August 17th, 2007 at 10:40 am
I think the GNP (conservative party) has a good chance. People are fed up with the Uri/leftists, or so it seems. A lot could change between now and the election, but still a good chance for such a change.
August 17th, 2007 at 11:43 am
Oh ok. So it is the general belief the left wing has basically failed. I can see that considering how they keep courting the North.
August 20th, 2007 at 3:14 pm
There is news about the conservative nominee:
http://www.voanews.com/english/2007-08-20-voa16.cfm
“South Korea’s main conservative party has selected a former Seoul mayor as its candidate for president. Elections to replace current South Korean President Roh Moo-hyun take place in four months. As VOA’s Kurt Achin reports from Seoul, the conservatives enjoy a strong lead in polls.
An official from the Grand National Party, or GNP, confirmed Monday what many have expected for months.
He announces that former Seoul Mayor Lee Myung-bak is the party’s candidate for the South Korean presidency.”