NATIONAL HUMAN RIGHTS COMMISSION OF KOREA ACT
CHAPTER Ⅳ INVESTIGATION OF VIOLATIONS OF HUMAN RIGHTS AND REMEDY THEREFOR
조문단위인쇄
| Article 31 (Guarantee of Petition Right of Internee of Confinement or Caring Facility) |
| (1) | If an internee of any relevant confinement or caring facility intends to file a petition to the Commission, a public official or staff member belonging to the said facility (hereinafter referred to as the “public official concerned”) shall immediately afford the internee a reasonable time, place and convenience necessary to prepare the written petition. |
| (2) | If any internee is willing to file a petition in the presence of a commissioner or staff member of the Commission (hereinafter referred to as a “commissioner, etc.”), the public official concerned shall immediately inform the Commission. |
| (3) | The public official concerned shall immediately send the written petition which is prepared by an internee under paragraph (1) to the Commission and deliver the voucher of the document receipt which is issued by the Commission to the internee. In case of information under paragraph (2), a document verifying such information and a document of fixed interview date which are issued by the Commission shall be delivered immediately to said internee. |
| (4) | If the Commission is informed under paragraph (2) or deems that there exists any reasonable ground that an internee truly desires to file a petition, it shall have a commissioner, etc. visit the relevant confinement or caring facility to receive an oral or written petition from the said internee. In this case, the commissioner, etc. who receives the petition shall immediately prepare a document verifying such receipt and deliver that document to the same internee. |
| (5) | With respect to the visit to the relevant confinement or caring facility and receipt of any petition by a commissioner, etc. under paragraph (4) above, Article 24 (3) and (4) of this Act shall apply mutatis mutandis. |
| (6) | The staff concerned of the relevant confinement or caring facility shall not participate in an interview which a commissioner, etc. holds with internees who have filed petitions (including those who intend to do so), or shall not hear or record the contents of such interview: Provided, That the said staff may watch them at a distance of visibility. |
| (7) | The public official concerned shall not peruse a written petition or document prepared by an internee for the purpose of the presentation thereof to the Commission. |
| (8) | Measures which confinement or caring facilities shall take to guarantee the free preparation and presentation of a written petition by an internee and other necessary procedures and methods, shall be prescribed by the Presidential Decree. |