The Asian Forum for Human Rights and Development (FORUM-ASIA), a regional human rights group with 58 members across Asia, strongly denounces the Seoul Central District Court's decision sentencing Sang-gyun Han to five years in prison and a 500,000 Korean Won (KRW) fine - equivalent to 434 US Dollars - for carrying out his legitimate work as a labour rights activist and human rights defender. The Court found him guilty of inciting illegal actions in 13 rallies in which he was involved, including in the peaceful "People's Rally' on 14 November 2015 in Central Seoul that led to police violently dispersing a largely peaceful protest. The regional human rights group urges the Appellate Court to reverse the verdict and to immediately and unconditionally release Sang-gyun Han. Sang-gyun Han, the leader of the Korean Confederation of Trade Unions (KCTU), was arrested on 10 December 2015 at the Jogye Temple in Seoul. Since then, around 500 KCTU members have been summoned by the police for taking part in the "People's Rally' in November 2015, twenty -including Sang-gyun Han - of whom have been detained and indicted. In July 2016, thirteen have been released on bail or suspended sentence, while the remaining seven are still awaiting for the Court to hand down its verdict. Among these seven, three will have their trials in the coming weeks. Against Tae-sun Bae, the Executive Director of the Organisation Department of the KCTU, the prosecutors requested six years of imprisonment, and her trial will be held on 19 July 2016. The prosecutors also sought five-year jail sentence for Hyun-dae Lee, the Director of the Organisation Department of the KCTU and Sung-deok Cho, the Vice President of the Korean Public Service and Transport Workers' Union (KPTU). Their trial will be held on 21 July 2016. On 4 July 2016, the Seoul Central District Court convicted Sang-gyun Han on all eight counts against him, including violating the Assembly and Demonstration Act and General Obstruction of Traffic (Article 185 of the Criminal Code). The Court was of the opinion that Sang-gyun Han bore heavy responsibility for inciting illegal actions, inflicting injuries on police officers, and damaging police buses during the November 2015 rally. The Court also stated that "only peaceful demonstrations are protected as freedom of expression in the Constitution". "The guilty verdict against Sang-gyun Han is a clear result of the manifestation of the increasing crackdown on peaceful protests and labour rights movements in South Korea," says Evelyn Balais-Serrano, Executive Director of FORUM-ASIA, "Sang-gyun Han is a human rights defender, who has been vigorously advocating for the protection of labour rights in South Korea. Putting him behind bars for exercising his fundamental and constitutional rights is a major setback in the protection of human rights in the country." Such a sentence would set a bad precedent. It would have a chilling effect on human rights defenders and civil society who often face intimidation and judicial harassment for exercising their right to freedoms of expression and peaceful assembly in South Korea. FORUM-ASIA reiterates its call to the Government of South Korea that the rights to freedom of expression and peaceful assembly are fundamental human rights as guaranteed by the Constitution of South Korea. As such, these rights must be respected and exercising them should not be deemed a criminal offence. South Korea. as the current President of the UN Human Rights Council should become a role model for other countries in protecting and promoting human rights. "We wish to remind the Government of South Korea of the recommendation by the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association, Maina Kiai, following his official visit to South Korea in January 2016 that assembly organisers should not be prosecuted for allegedly inciting violence and no civil suits should be lodged against them for compensation and damages" stresses Balais-Serrano. UPDATE, 16.12.2016 The president of the Korean Confederation of Trade Unions (KCTU) was sentenced by the Seoul High Court for "leading a violent protest" in November last year. Han Sang-gyun was sentenced to five years in July. After an apppeal, the sentence was commuted on Monday 12 December from five to three years in jail, with a fine of 500,000 won (US$ 430). The court dismissed charges related to a May Day rally held this year. Han was charged because he was one of the organizers of a People's Rally for democracy and against anti-labour legislation on 14 November 2015, which saw riot police clash with protesters. Police used excessive force against largely peaceful protesters, killing farmer Baek Nam-gi with a water cannon. Although no one has been charged with Baek Nam-gi's death, more than a 100 cases against participants in the rally have been processed, with more than a dozen sentenced to jail. Han and five other KCTU activists remain in Seoul detention centre, where they were recently visited by a solidarity delegation from the international trade union movement, including IndustriALL Global Union general secretary Valter Sanches. In recent weeks, there have been mass protests and a general strike against the government of President Park, who was impeached on 9 December. Park has refused to resign, and is challenging the impeachment. Park was impeached due to a corruption scandal involving the chaebols, the powerful Korean family-run multinational corporations that dominate economic life. Unions accuse her of repressing labour on behalf of the chaebols. The chaebols, including Samsung and Hyundai, have a history of violently repressing unions. A report released by IndustriALL and the ITUC demonstates the medieval conditions at Samsung, which has a no-union policy. The impeachment of Park and the commutation of Han's sentence is seen as a partial victory by Korea's unions. However, the work to tame the power of the chaebols and end the repression of trade unions is far from over. Valter Sanches took part in a march of more than a million people in Seoul on 12 November to demand the resignation of Park. Commenting on the sentencing of Han, he said: "Due to the strength and commitment of the Korean unions, and the huge outpouring of international solidarity, we are beginning to make progress. "But the fact remains that Han and others are in prison for leading a peaceful protest, and union activists face severe repression at the hands of the chaebols. "The trade union activists must be unconditionally released so that Korea's unions can continue in their work of containing the illegitimate power of the chaebols."