<Filing a cancelation suit against ‘the government’s decision of grant suspension’>

<Filing a cancelation suit against ‘the government’s decision of grant suspension’>

In 2008, KWWA was selected to carry out long-term project (three year project titled ‘women workers’ newly written human rights’ by the government.  However, in 2009 the Ministry of Public Administration and Security in charge stopped its grant, accusing the KWWA of a NGO which joined the national mad cow disease countermeasure committee.   In response, on June 17, 2009 the KWWA filed a cancelation suit ‘against the decision of grant suspension’. There are crucial loopholes in the procedure.

 

Joah Se-joon belonging to the Minbyun-Lawyers for a Democratic Society highlighted the purpose of the claim as follows: “There is no regulation on the grant suspension, and the KWWA’s case is not affected by the reasons for the cancellation of grant due to the changes in the conditions manifested in the Article 21.  In addition, the ministry does not take the legal procedures of the contents of the decision, legal ground and hearing in the case of the ‘right-limiting decision’ in accordance with Articles 21 and 22.”  Furthermore, the government’s decision violates the basic rights guaranteed by the constitution. “According to Article 21 (Freedom of assembly) and 37(2) (limits on the guaranteeing of basic rights), although none of this plaintiff did not receive criminal punishments, and no civil illegal charges were not made, the Minister defines us as an illegal violent organization.  This is against the principle of a constitutional state.”

 

The result of this suit can provide a crucial peg against the government’s attempt to tame Korean NGOs.