Have You Had Your Constitutional Rights Violated? | Be Korea-savvy

Have You Had Your Constitutional Rights Violated?


Among the constitutional rights most violated was “the right to live with human dignity”, which accounted for 30.5 percent (609) of those who experienced rights violations. The answer was followed by “freedom of privacy and secrets” (27.2 percent, 543), “freedom of communications secrets” (23.5 percent, 469), and “freedom of assembly and association” (21.5 percent, 430). (image: KobizMedia/ Korea Bizwire)

Among the constitutional rights most violated was “the right to live with human dignity”, which accounted for 30.5 percent (609) of those who experienced rights violations. The answer was followed by “freedom of privacy and secrets” (27.2 percent, 543), “freedom of communications secrets” (23.5 percent, 469), and “freedom of assembly and association” (21.5 percent, 430). (image: KobizMedia/ Korea Bizwire)

SEOUL, Sept. 1 (Korea Bizwire) – The answer was ‘Yes’ for almost a third of Koreans. 

Although the constitution is supposed to guarantee some of the most basic rights for all members of society, a recent survey by the Constitutional Court of Korea (CCK) revealed that over 30.5 percent (1,997) of respondents had experienced violations of their constitution-given rights. 

To commemorate the 68th Constitution Day (July 17), the court surveyed 6,552 Koreans from July 15 to August 15 as part of a study called “Basic Rights, Constitutional Adjudication System, and the Cause of Social Conflicts and How to Improve them.”

Among the constitutional rights most violated was “the right to live with human dignity”, which accounted for 30.5 percent (609) of those who experienced rights violations. The answer was followed by “freedom of privacy and secrets” (27.2 percent, 543), “freedom of communications secrets” (23.5 percent, 469), and “freedom of assembly and association” (21.5 percent, 430). 

But despite the rights violations, the majority were found to not be considering constitutional complaints. A constitutional complaint is an adjudication system that allows anyone to file a complaint with the CCK if he or she deems their basic rights have been infringed upon by unconstitutional legislation. 

Of those who said their rights had been violated, 67.1 percent (1,340) responded that they had not considered filing a constitutional complaint, 33.2 percent (445) of whom claimed that such a course of action might lead to potential disadvantages or reprisals. 

Another 19.4 percent (260) pointed to the economic burdens of hiring a lawyer, 16.3 percent (218) weren’t aware of the system, and 14.5 percent (194) said they had little knowledge of the system.

“The survey helped us to understand that further promotion of the constitutional complaint system, and the details of how to take advantage of it, are desperately needed,” said a constitutional court official.

By Lina Jang (linajang@koreabizwire.com)

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