Lawyers groups split over anti-terror bill

Ha Chang-woo, left, president of the Korean Bar Association (KBA), salutes the national flag with other association members during the association’s general assembly at the Palace Seoul Hotel, Monday. The KBA has caused a stir after issuing an opinion in support of the anti-terrorism bill. / Yonhap

By Kim Se-jeong

Lawyers’ groups are raising their voices over the government’s proposed anti-terrorism bill.

While the Korean Bar Association (KBA) expressed its support for the bill aiming to expand state surveillance on citizens, many human rights lawyers opposed it and criticized the association’s move.

In a letter sent to the National Assembly last week, KBA President Ha Chang-woo wrote that the association was in favor of the bill, which “is expected to protect the lives of Korean citizens and to enhance national security and public safety.”

Ha said the bill has clauses to minimize infringements on individual privacy.

The letter was sent as the opposition parties started their filibuster speeches to block the plenary vote on the bill.

But, Ha and only a small number of leaders of the association drew up the letter without informing its 20,000 members. The letter came to light after a ruling Saenuri Party member mentioned it in public to garner support for the bill. It is alleged that the KBA sent the opinion at the request of the party.

Many lawyers, especially liberal ones, criticized the association’s leadership for not communicating with its members in advance.

Immediately after the letter was made public, 52 human rights lawyers said in a statement, “President Ha did not go through the internal procedures necessary before making public such a letter of opinion on behalf of the association.”

They said the KBA is supposed to be politically neutral but that the leadership failed to maintain that stance. “The KBA has made a critical mistake. It should state that the letter was not official and the leadership should apologize.”

The Seoul Bar Association, whose members make up more than half of the KBA’s membership, expressed an opinion opposite to that of the KBA’s, saying the bill will seriously infringe on the basic rights of the people guaranteed by the Constitution.

“If the bill is passed, the National Intelligence Service (NIS) will have extralegal rights to collect intelligence,” it said. “The NIS is likely to infringe on people’s privacy and freedom of expression, and there will be no effective measures to control the NIS.”

One of the KBA’s permanent board members in charge of human rights quit after the news of the letter came out, saying he had not heard about the letter before it was made public.

The People’s Party spokesman Chang Jin-young, a former KBA spokesman, said, “According to the KBA’s regulations, an official opinion should be drawn up through discussions in permanent committees and regional branches. Ha should explain why he and only a handful of leaders needed to make the decision swiftly and secretly.”

But Ha said the leaders had held discussions prior to sending the letter.

During a regular general meeting in Seoul, Monday, Ha said he expressed regret over the dispute.

“But I firmly say that the KBA will stay politically neutral,” he said in a speech. “I’ll pay closer attention to how to deliver the association’s opinions.”

Lawyers for a Democratic Society also criticized the KBA for failing to keep its neutrality.

On the contrary, four conservative lawyers’ groups supported the KBA’s letter, saying the association delivered objective opinions about the anti-terrorism bill.

The bill, if enforced, will allow the NIS the power to look into suspected terrorists’ e-mail accounts, text messages and bank transactions without permission. Opponents argue the bill would give the NIS too much power.