NATIONAL HUMAN RIGHTS COMMISSION OF KOREA ACT
CHAPTER Ⅳ INVESTIGATION OF VIOLATIONS OF HUMAN RIGHTS AND REMEDY THEREFOR
조문단위인쇄
| Article 45 (Accusation and Recommendation of Disciplinary Action) |
| (1) | If as a result of the investigation of any petition, the Commission deems that the contents of the petition correspond to an act of crime against which a criminal punishment is required, it may file an accusation to the Prosecutor General: Provided, That in case the accused is the military personnel or civilian personnel in the military service, the accusation may be filed to the Chief of General Staff of the armed forces to which the said accused belongs or the Minister of National Defense. |
| (2) | If it is deemed that there occurred any violation of human rights as a result of the investigation of any petition, the Commission may recommend a disciplinary action against the respondent or any other person responsible for the same violation to the head of the institution to which he/she belongs. |
| (3) | The Prosecutor General, Chief of General Staff of the armed forces or Minister of National Defense who has received an accusation under paragraph (1) shall terminate the criminal investigation within 3 months after being so received and notify the Commission of the results thereof: Provided, That he/she shall, if failing to do so within 3 months, clarify the reason therefor. |
| (4) | The head of the institution to which the respondent belongs, who has received recommendation from the Commission under paragraph (2), shall respect said recommendation and notify the Commission of the re sults of treatment thereof. |