NATIONAL HUMAN RIGHTS COMMISSION OF KOREA ACT
Act No. 6481, May 24, 2001
Amended by Act No. 7427, Mar. 31, 2005
Act No. 7651, Jul. 29, 2005
Act No. 7655, Aug. 4, 2005
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the embodiment of human dignity and worth as well as to the safeguard of the basic order of democracy, by establishing the National Human Rights Commission to ensure that inviolable fundamental human rights of all individuals are protected and the standards of human rights are improved.
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 7651, Jul. 29, 2005; Act No. 7655, Aug. 4, 2005>
| 1. | The term "human right" means any of human dignity, worth, liberty and rights which are guaranteed by the Constitution and Acts of the Republic of Korea, international human rights treaties to which the Republic of Korea is a party and international customary law; |
| 2. | The term "confinement or caring facility" means a facility falling under any of the following items: |
| (a) | Prison, prison for the youth, detention center and its branch, facility for probation, institute of forensic psychiatry, juvenile reformatory, and juvenile classification review board; |
| (b) | Police station cell, and facility where a judicial police officer investigates, detains and interns persons in order to perform his/her duties; |
| (c) | Military prison (including its branch, a detention house for the unconvicted and a military police guardhouse); |
| (d) | House for protecting foreigners; and |
| (e) | Facility for caring for many persons; |
| 3. | The term "facility for caring for many persons" means a facility for caring or interning for many persons, which is prescribed by the Presidential Decree; |
| 4. | The term "discriminatory act of violating the right of equality" means an act which falls under any of the following items, without a rational reason, on the grounds of sex, religion, disability, age, social status, region of origin (referring to place of birth, place of original domicile, place of domicile, principal area of residence before the full adult age, etc.), state of origin, nation of origin, physical condition such as features, whether married, such as single, separated, divorced, bereaved, remarried, married de facto, or whether pregnant or having given birth, family form or family surroundings, race, skin color, thought or political opinion, record of crime whose effect of punishment has been extinguished, sexual inclination, academic career, medical history, etc.: Provided, That the temporary favorable treatment to a particular person (including a group of particular persons; hereinafter the same shall apply) to solve the existing discrimination, the enactment and amendment of Acts and subordinate statutes and the formulation and enforcement of policy to this effect shall not be deemed a discriminatory act of violating the right of equality (hereinafter referred to as an "discriminatory act"): |
| (a) | An act of favorably treating, excluding, discriminating against or unfavorably treating a particular person regarding the employment (including recruitment, appointment, training, posting, promotion, payment of wage and any other money or supplying commodity, financing, age limit, retirement, dismissal, etc.); |
| (b) | An act of favorably treating, excluding, discriminating against or unfavorably treating a particular person regarding the supply or use of goods, services, means of transportation, commercial facilities, land and residential facilities; |
| (c) | An act of favorably treating, excluding, discriminating against or unfavorably treating a particular person regarding the education, training, and use of educational facilities or vocational training institutions; and |
| (d) | An act of sexual harassment; |
| 5. | The term "sexual harassment" means that the working persons, employers or employees of a public agency make others feel sexually humiliated or loathsome by their sexual comments, etc. or giving others disadvantage in the employment on the pretext of disobedience to sexual comments, other demands, etc., by taking full advantage of their superior position or with regard to the duties, etc.; |
| 6. | The term "public agency" means an agency falling under the following items: |
| 7. | The term "disability" means the condition where one is hampered by substantial restriction in the daily life or social activity for a long time due to physical, spiritual or social factor. |
| Article 3 (Establishment and Independence of National Human Rights Commission) |
| (1) | The National Human Rights Commission (hereinafter referred to as the "Commission") shall be established to deal with affairs for the protection and improvement of human rights under this Act. |
| (2) | The Commission shall independently deal with the matters which fall under its jurisdiction. |
| Article 4 (Scope of Application) |
This Act shall apply to all citizens of the Republic of Korea and all foreigners residing therein.
CHAPTER II ORGANIZATION AND OPERATION OF COMMISSION
| Article 5 (Organization of Commission) |
| (1) | The Commission shall be comprised of eleven commissioners for human rights (hereinafter referred to as "commissioners") including one president and three full-time commissioners. |
| (2) | Four persons selected by the National Assembly (including two fulltime commissioners), four persons nominated by the President of the Republic of Korea and three persons nominated by the Chief Justice of the Supreme Court, from among those persons who have professional knowledge and experience on the matters of human rights and are recognized to be capable of performing duties of human rights protection and improvement fairly and independently, shall be appointed by the President of the Republic of Korea to be commissioners. |
| (3) | The president of the Commission shall be appointed by the President of the Republic of Korea from among the commissioners. |
| (4) | The president and full-time commissioners of the Commission shall be appointed as public officials in political service. |
| (5) | Four or more of the commissioners shall be women. |
| (6) | In case the term of office of a commissioner expires, he/she shall continuously perform his/her duties until his/her successor is appointed. |
| Article 6 (Duties of President of Commission) |
| (1) | The president of the Commission shall represent the Commission and excercise the overall control of the affairs thereof. |
| (2) | In case the president of the Commission is unable to perform his/her duties for any inevitable reason, a full-time commissioner, whom the president designates in advance, shall act on behalf of the president. |
| (3) | The president of the Commission may present himself/herself at the National Assembly and state opinions on affairs falling under the jurisdiction of the Commission, and shall, if required by the National Assembly, present himself/herself and make report or reply. |
| (4) | The president of the Commission may attend at the State Council to present his/her opinion and recommend the Prime Minister to submit any bill related to affairs falling under the jurisdiction of the Commission (including the draft Presidential Decree concerning the enforcement of this Act). |
| (5) | If the president of the Commission performs duties related to the budget of the Commission, he/she shall be deemed to be the head of a central administrative agency under Article 14 of the Budget and Accounts Act. <Amended by Act No. 7651, Jul. 29, 2005> |
| Article 7 (Term of Office of President and Commissioners of Commission) |
| (1) | The term of office of the president and commissioners of the Commission shall be three years, but the consecutive appointment may be permitted for only one time. |
| (2) | When there occurs a vacancy in the position of commissioners, the President of the Republic of Korea shall appoint a successor within 30 days from the date of such vacancy. <Amended by Act No. 7651, Jul. 29, 2005> |
| (3) | The term of office of the commissioner who is appointed as successor of a vacancy shall start anew. |
| Article 8 (Status Guarantee of Commissioner) |
A commissioner shall not be removed from his/her office against his/her will unless he/she is sentenced to imprisonment without labor or a heavier punishment: Provided, That in case it is very difficult or impossible for him/her to perform his/her duties due to any physical or mental handicap, he/she may retire from his/her office by the resolution of consent of 2/3 or more of all commissioners.
| Article 9 (Disqualifications for Commissioner) |
| (1) | A person who falls under any of the following subparagraphs shall be disqualified for a commissioner: <Amended by Act No. 7651, Jul. 29, 2005> |
| 1. | A person other than a citizen of the Republic of Korea; |
| 3. | A member of a political party; and |
| (2) | In case a commissioner comes to fall under any subparagraph of paragraph (1) above, he/she shall,
ipso facto, retire from his/her office. |
| Article 10 (Prohibition of Concurrent Offices of Commissioner) |
| (1) | A commissioner shall neither concurrently take the office falling under any of the following subparagraphs nor perform the duties thereof during his/her office: |
| 1. | A member of the National Assembly or any local council; |
| 2. | A public official of any other State organization or a local government (excluding a public official for education); and |
| 3. | Other positions or affairs as determined by the rules of the Commission. |
| (2) | The commissioners shall neither join a political party nor participate in political activities. |
| Article 11 Deleted.<by Act No. 7651, Jul. 29, 2005> |
<This Article was deleted following the decision of unconstitutionality made by the Constitutional Court on January 29, 2004 pursuant to Act No. 7651, July 29, 2005>
| Article 12 (Standing Committee and Subcommittees) |
| (1) | The Commission may establish a standing committee and subcommittees, such as subcommittee for relief from infringement, subcommittee for correction of discrimination, (hereinafter referred to as the "subcommittees") in order to let them perform part of its duties. |
| (2) | The standing committee shall consist of a president and full-time commissioners, and the subcommittee shall consist of not less than three but not more than five commissioners. |
| (3) | The standing committee and the subcommittees may have specialized committees segmented by category such as sex, disability, to study and examine the matters to deliberate. |
| (4) | Necessary matters concerning the composition, duty and operation of the standing committee, subcommittee and specialized committee, and the qualification, term of office, entrustment, etc. of the specialized commissioners shall be stipulated by the rules of the Commission. |
[This Article Wholly Amended by Act No. 7651, Jul. 29, 2005]
| Article 13 (Meeting Proceedings and Resolution Quorum) |
| (1) | The president of the Commission shall preside over the meeting of the Commission and the resolution thereof shall, except as otherwise provided by this Act, require the consent of a majority of all the incumbent commissioners. |
| (2) | The meetings of the standing committee and subcommittees shall be resolved by the attendance and consent of three or more commissioners on the register. <Amended by Act No. 7651, Jul. 29, 2005> |
| Article 14 (Publication of Proceedings) |
The proceedings of the Commission shall be made public: Provided, That they may not be made public if deemed necessary by the Commission, the standing committee or the subcommittees. <Amended by Act No. 7651, Jul. 29, 2005>
| Article 15 (Advisory Organ) |
| (1) | The Commission may establish an advisory organ in order to ask advices on matters which are necessary to perform its duties. |
| (2) | Necessary matters concerning the organization and operation of the advisory organ shall be prescribed by the rules of the Commission. |
| (1) | A Secretariat shall be established to deal with general affairs of the Commission. |
| (2) | There shall be one Secretary General and necessary staff in the Secretariat and the Secretary General shall be appointed by the President of the Republic of Korea on the recommendation of the president of the Commission with the deliberation thereof. |
| (3) | Public officials in Grade V or higher from among the staff belonging to the Secretariat shall be appointed by the President of the Republic of Korea on the recommendation of the president of the Commission and those in Grade VI or lower shall be appointed by the president of the Commission. |
| (4) | The Secretary General shall, under the direction of the president of the Commission, excercise the overall control of the affairs of the Secretariat and command and supervise the staff belonging thereto. |
| Article 17 (Establishment of Disciplinary Committee) |
| (1) | Under the Commission, there shall be established a disciplinary committee to resolve on a disciplinary action against the staff belonging to the Commission. |
| (2) | The composition, competence and deliberation procedure of the disciplinary committee, kinds and effects of disciplinary actions and other necessary matters therefor shall be prescribed by the rules of the Commission. |
| Article 18 (Organization and Operation of Commission) |
Except as provided by this Act, matters necessary for the organization of the Commission shall be prescribed by the Presidential Decree and those necessary for its operation shall be prescribed by the rules of the Commission.
CHAPTER III DUTIES AND AUTHORITIES OF COMMISSION
The Commission shall perform the duties of the following subparagraphs:
| 1. | Investigation and research with respect to Acts and subordinate statutes (including bills submitted to the National Assembly), institutions, policies and practices related to human rights, and recommendation of their improvement or presentation of opinions thereon; |
| 2. | Investigation and remedy with respect to human rights violations; |
| 3. | Investigation and remedy with respect to discriminatory acts; |
| 4. | Investigation on actual conditions of human rights; |
| 5. | Education and propaganda of human rights; |
| 6. | Presentation and recommendation of guidelines for categories of human rights violations, standards for their identification and preventive measures therefor; |
| 7. | Research and recommendation with respect to the conclusion of any international treaty on human rights and the implementation of said treaty, or presentation of opinions thereon; |
| 8. | Cooperation with organizations and individuals engaged in activities to protect and improve human rights; |
| 9. | Exchanges and cooperation with international or foreign organizations for human rights protection; and |
| 10. | Other matters deemed necessary to guarantee and improve human rights. |
| Article 20 (Consultation with State Organs) |
| (1) | If the head of a related State administrative organ or local government intends to establish or amend any Acts and subordinate statutes which include contents likely to affect the protection and improvement of human rights, he/she shall notify the Commission in advance. |
| (2) | The Commission may, if deemed necessary to perform its duties, request State organs, local governments and other public or private organizations (hereinafter referred to as "related entities") to consult with it. |
| (3) | Those related entities which receive a request under paragraph (2) shall faithfully comply therewith unless there exists any justifiable reason. |
| Article 21 (Hearing of Commission’s Opinion in Preparing Governmental Report) |
If a related state organ prepares a governmental report under the provisions of any international treaty on human rights, it shall hear opinions of the Commission.
| Article 22 (Submission of Materials and Reference for Information) |
| (1) | The Commission may, if deemed necessary to perform its duties, require the related entities to submit necessary materials or refer to said entities for information. |
| (2) | The Commission may require any person who is deemed to know the facts necessary to perform its duties or to have professional knowledge or experience to present himself/herself in order to hear his/her statement. |
| (3) | Those entities which are so required or referred to under paragraph (1) shall, without delay, comply with such requirement or reference. |
| (1) | The Commission may, if deemed necessary to perform its duties, require the representatives of related entities, the interested persons or other persons who have much knowledge and experience on relevant matters to present themselves and hear the statements of the relevant facts and opinions from them. |
| (2) | The procedures and methods of hearings held by the Commission under paragraph (1) above shall be prescribed by the rules of the Commission. |
| Article 24 (Visit and Investigation of Facilities) |
| (1) | The Commission (including the standing committee and subcommittees) may, if deemed necessary, visit confinement or caring facilities to make an investigation by its resolution. <Amended by Act No. 7651, Jul. 29, 2005> |
| (2) | A commissioner who visits and investigates under paragraph (1) may be accompanied by members of the staff of the Commission and experts who are deemed necessary to perform his/her duties and may delegate the investigation on any matter to them by specifying its scope. In this case, the delegated expert shall, if he investigates said matter, be accompanied by members of the staff of the Commission. |
| (3) | The commissioner, member of the staff of the Commission or expert who visits and investigates under paragraph (2) (hereafter referred to as the "commissioner, etc." in this Article) shall show the interested persons an identification verifying his/her authority to do so, and the head or administrator of a confinement or caring facility visited and investigated by the commissioner, etc. shall immediately provide conveniences necessary for such visit and investigation. |
| (4) | The commissioner, etc. who visits and investigates under paragraph (2) may hold an interview with members of the staff or internees (hereinafter referred to as "internees") of the relevant confinement or caring facility and also may have them present oral or written statements or opinions. |
| (5) | The staff member concerned of the relevant confinement or caring facility may be present at an interview with internees held by the commissioner, etc.: Provided, That it shall be prohibited to record the contents of said interview. |
| (6) | Other necessary matters for the procedures and methods of visit and investigation of confinement or caring facilities shall be prescribed by the Presidential Decree. |
| Article 25 (Recommendation of Improvement or Rectification of Policies and Practices) |
| (1) | The Commission may, if deemed necessary to protect and improve human rights, recommend related entities to improve or rectify specific policies and practices or present opinions thereon. |
| (2) | The heads of related entities receiving any recommendation under paragraph (1) shall respect and endeavor to implement the said recommendation. |
| (3) | In case the heads of related entities receiving any recommendation under paragraph (1) fail to implement the said recommendation, they shall clarify the reasons for such failure to the Commission in writing. |
| (4) | The Commission may, if deemed necessary, publish its recommendation and presented opinions under paragraph (1) and the reasons clarified by the heads of related entities under paragraph (3). |
| Article 26 (Education and Propaganda of Human Rights) |
| (1) | The Commission shall conduct the education and propaganda necessary to awaken and enhance everyone’s consciousness of human rights. |
| (2) | The Commission may consult with the Minister of Education and Human Resources Development in order to contain contents concerning human rights in curriculum of various schools under Article 23 of the Elementary and Secondary Education Act. <Amended by Act No. 7651, Jul. 29, 2005> |
| (3) | The Commission may consult with the heads of schools established under Article 2 of the Higher Education Act on necessary matters for the development of human rights education and research. <Amended by Act No. 7651, Jul. 29, 2005> |
| (4) | The Commission may consult with the heads of related State organs or local governments in order to contain the contents on human rights in employment or promotion examinations and training or education courses for public officials. |
| (6) | The Commission may recommend the lifelong education organizations or lifelong education facilities under the Lifelong Education Act to include the matters on human rights in their education programs. <Amended by Act No. 7651, Jul. 29, 2005> |
| Article 27 (Center for Human Rights Materials) |
| (1) | The Commission may establish a center for human rights materials. |
| (2) | The center for human rights materials shall collect, arrange and preserve domestic and foreign information and data concerning human rights, and may provide them to the public. |
| (4) | Necessary matters for the establishment and operation of the center for human rights materials shall be prescribed by the rules of the Commission. |
| Article 28 (Presentation of Opinions to Courts and Constitutional Court) |
| (1) | In case proceedings liable to affect the protection and improvement of human rights are pending, the Commission may, if requested by a court or the Constitutional Court or deemed necessary by the Commission, present the opinions on de jure matters to the competent division of the court or the Constitutional Court. |
| (2) | In case proceedings with respect to matters investigated or dealt with by the Commission under the provisions of Chapter IV are pending, it may, if requested by a court or the Constitutional Court or if deemed necessary by the Commission, present the opinions on de facto and de jure matters to the competent division of the court or the Constitutional Court. |
| Article 29 (Preparation, etc. of Report) |
| (1) | The Commission shall prepare an annual report on its activities for the preceding year, human rights situation and improvement measures and make report thereon to the President of the Republic of Korea and the National Assembly. |
| (2) | Except for the report under paragraph (1), the Commission may, if deemed necessary, make any other special report to the President of the Republic of Korea and the National Assembly. |
| (3) | The related entities may present to the Commission their opinions on the report under paragraphs (1) and (2) as well as the results of measures which they have already taken or plans for measures to be taken. |
| (4) | The Commission shall open the report under paragraphs (1) and (2) to the public: Provided, That any matter which requires confidentiality on the ground of national security or protection of honor or privacy of the interested person, or the publicity of which is restrained by any other Act, may not be made public. |
CHAPTER IV INVESTIGATION OF VIOLATIONS OF HUMAN RIGHTS AND DISCRIMINATORY ACTS, AND REMEDY THEREFOR
| Article 30 (Matters Subject to Investigation of Commission) |
| (1) | In the case falling under any of the following subparagraphs, the person who suffered from violation of human rights or discriminatory acts (hereinafter referred to as a "sufferer") or any other person or organization that comes to know such violations, may file a petition to the Commission: <Amended by Act No. 7651, Jul. 29, 2005> |
| 1. | Where the human right as guaranteed in Articles 10 through 22 of the Constitution has been violated or a discriminatory act has been committed in connection with the performance of duties (excluding the legislation of the National Assembly and the trial of a court or the Constitutional Court) of State organs, local governments or confinement or caring facilities; and |
| 2. | In case a discriminatory act has been committed by a juristic person, organization or private individual. |
| (2) | Deleted. <by Act No. 7651, Jul. 29, 2005> |
| (3) | Even if any petition under paragraph (1) is not filed, the Commission may, ex officio, initiate an investigation when it deems that there exists a reasonable ground for believing that the violation of human rights or discriminatory act existed and that such violation or act is serious. <Amended by Act No. 7651, Jul. 29, 2005> |
| (4) | Necessary matters concerning the procedures and methods of a petition under paragraph (1) shall be prescribed by the rules of the Commission. |
| 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. |
| Article 32 (Rejection of Petition, etc.) |
| (1) | The Commission shall reject a petition which falls under any of the following subparagraphs: <Amended by Act No. 7651, Jul. 29, 2005> |
| 1. | In case the contents of said petition do not fall under the scope of the matters subject to the investigation of the Commission; |
| 2. | In case the contents of said petition are deemed manifestly false or ill-founded; |
| 3. | In case said petition is filed by any person other than a sufferer, but it is manifest that the sufferer does not desire the investigation thereof; |
| 4. | In case said petition is filed after one or more years have elapsed since the facts causing the petition happened: Provided, That this shall not apply to any case in which the prosecution or civil prescription with respect to such facts is not completed and which the Commission determines to investigate; |
| 5. | In case the trial at a court or the Constitutional Court, the criminal investigation by an investigation agency or the procedures for the relief of rights under any other Act are in progress or terminated with respect to the facts causing the petition, at the time when said petition is filed to the Commission: Provided, That this shall not apply if the Commission receives a petition against cases identical with those falling under crimes of Articles 123 through 125 of the Criminal Act which are being investigated by the investigation agency; |
| 6. | In case said petition is filed under any pseudonym or anonym; |
| 7. | In case the Commission deems it improper to investigate said petition; |
| 8. | In case said petition is withdrawn by a petitioner who files it; |
| 9. | In case said petition is again filed against the facts identical with any other petition which has already been dismissed by the Commission; and |
| 10. | In case the purport of said petition is contrary to the final judgment of a court or decision of the Constitutional Court on the facts causing the petition. |
| (2) | In case the Commission rejects a petition under paragraph (1), it may, if deemed necessary, deliver the petition to related entities. In this case, those related entities to which the petition is delivered shall, if requested by the Commission, inform the Commission of the results of treatment thereof without delay. |
| (3) | The Commission may, even after initiating the investigation on a petition, reject it in any case falling under any subparagraph of paragraph (1). |
| (4) | In case the Commission rejects or delivers a petition, it shall immediately inform the petitioner, by specifying the reason. In this case, the Commission may, if deemed necessary, advise the relevant sufferer or petitioner on the procedures and measures for the relief of his/her rights. |
| Article 33 (Other Remedies and Delivery) |
| (1) | In case the Commission deems that the petitioner is manifestly willing to file a petition to any other competent state organ, as prescribed by any other Act, it shall deliver the petition to the said state organ without delay. |
| (2) | In case after the Commission initiates an investigation on a petition under Article 30 (1), a criminal investigation on any case identical with the fact causing the petition is initiated by other petitions or accusations of relevant sufferers, the Commission shall deliver the said petition to the competent investigation agency. |
| (3) | In case the Commission delivers a petition under paragraphs (1) and (2), it shall, without delay, inform the petitioner and those related entities to which the petition is delivered shall, if requested by the Commission, inform the Commission of the results of treatment thereof. |
| Article 34 (Cooperation between Investigation Agency and Commission) |
| (1) | If there exists any reasonable ground that the facts causing a petition fall under criminal acts and it is deemed that there exists a necessity either for preventing the suspect thereof from escaping or destroying relevant evidences or for ensuring the evidences, the Commission may request the Prosecutor General or the head of the competent investigation agency to initiate an investigation as well as to take necessary measures. |
| (2) | The Prosecutor General or the head of the competent investigation agency who receives a request under paragraph (1) shall, without delay, inform the Commission of the results of measures taken by him/her. |
| Article 35 (Purpose of Investigation) |
| (1) | The Commission shall endeavor not to impede the performance of functions of state organs in the course of its investigation. |
| (2) | The Commission shall not make investigation for the purpose of infringing on the privacy of any individual or unduly participating either in the proceedings in pending or in the prosecution for any case the criminal investigation of which is in progress. |
| Article 36 (Methods of Investigation) |
| (1) | The Commission may investigate petitions by such methods as prescribed in the following subparagraphs: |
| 1. | To require a petitioner, a sufferer or the respondent (hereinafter referred to as the "party concerned") or an interested person to be present and submit a written statement, or to hear his/her statement; |
| 2. | To require the party concerned, an interested person or the related entity to submit such materials as deemed related to matters subject to investigation; |
| 3. | To practically inspect or appraise any such place, facility or material as deemed related to matters subject to investigation on the spot; and |
| 4. | To refer to the party concerned, an interested person or the related entity for such fact or information as deemed related to matters subject to investigation. |
| (2) | The Commission may, if deemed necessary for the investigation, have a commissioner, etc. visit any relevant place or facility to practically inspect or appraise any such place or facility or other materials on the spot. In this case, a commissioner, etc. may require any party concerned or related person to present himself/herself on the spot and hear his/her statement. |
| (3) | Any person who is required to submit a written statement under paragraph (1) 1 shall submit it within 14 days. |
| (4) | The presence of the respondent under paragraphs (1) and (2) above may be required only if it is difficult to judge any relevant case by his/ her written statement because he/she is the very person who commits a violation of human rights or discriminatory act and there exists any reasonable ground that a violation of human rights and a discriminatory act under Article 30 (1) are deemed to occur. |
| (5) | A commissioner, etc. who makes investigation under paragraph (2) may require the head or staff member managing the relevant place or facility (hereafter referred to as a "related person" in this Article) to submit the necessary materials or articles. |
| (6) | A commissioner, etc. who makes investigation under paragraph (5) shall carry an identification indicating his/her authority and show it to the related persons. |
| (7) | If the Commission requires the submission of relevant materials or articles or intends to practically inspect or appraise said materials or articles or relevant facilities on the spot, the head of any related state organ may reject such submission, inspection or appraisal by clearly explaining to the Commission that those materials, articles or facilities fall under any of the following subparagraphs. In this case, the Commission may require the identification of necessary matters of the said head, who, in turn, shall faithfully comply with such requirement: |
| 1. | State confidentiality liable to have any substantial effect on state security or diplomatic relations; or |
| 2. | Any such case as deemed to be liable to cause a serious obstacle to any criminal investigation or trial in pending. |
| Article 37 (Authority to Interrogate or Inspect) |
| (1) | If the Commission intends to know either the place where there are materials necessary for the investigation under Article 36 or the related persons, it may interrogate that person who has any reasonable ground for believing that he/she knows the contents thereof or inspect the documents and other articles in which there exists any reasonable ground that they include those contents. |
| (2) | The provisions of Article 36 (5) through (7) shall apply mutatis mutandis to paragraph (1) of this Article. |
| Article 38 (Exclusion, etc. of Commissioner) |
| (1) | A commissioner and a conciliation member under Article 41 (hereafter referred to as the "commissioner" in this Article) shall, if falling under any of the following subparagraphs, be excluded from the participation in the deliberation and resolution on the relevant petition: |
| 1. | In case the commissioner or any person who is or was his/her spouse is the party concerned of the relevant petition or the joint holder of any rights or joint burdener of any duties with the said party; |
| 2. | In case the commissioner is or was a blood relative of the party concerned of the relevant petition; |
| 3. | In case the commissioner has made a witness or appraisal concerning the relevant petition; |
| 4. | In case the commissioner participates or participated in the relevant petition as agent of the party concerned; and |
| 5. | In case the commissioner has participated in any criminal investigation or trial with respect to the relevant petition or relief procedures under any other Act. |
| (2) | The party concerned may, if there exists any ground for which it would be difficult to expect the impartial deliberation and resolution of the commissioner, make a request for the challenge to the president of the Commission, who shall, in turn, make a decision thereon without referring the request to the Commission for resolution: Provided, That if it is inadequate that the president of the Commission makes the decision, the said request shall be referred to the Commission for the resolution. |
| (3) | Any commissioner may voluntarily refrain from the deliberation and resolution on the relevant petition, if he/she falls under either any of subparagraphs of paragraph (1) or paragraph (2). |
| Article 39 (Dismissal of Petition) |
| (1) | The Commission shall dismiss a petition if the contents thereof turn out to fall under any of the following subparagraphs as a result of investigation: <Amended by Act No. 7651, Jul. 29, 2005> |
| 1. | Where it is evident that the contents of petition are not true, or there is no objective proof that they are true; |
| 2. | Where it does not fall under the violation of human rights or discriminatory acts pursuant to the provisions of Article 30 (1) as the result of the investigation; and |
| 3. | In case it is deemed that any further remedy is not required because the injury related to the petition has already been relieved. |
| (2) | The Commission shall, if dismissing a petition, inform the party concerned of the fact and grounds. |
| Article 40 (Recommendation on Compromise) |
With respect to any petition the investigation of which is in progress or completed, the Commission may propose a remedy necessary for the fair solution of the case concerning the petition to both parties concerned to make a compromise.
| Article 41 (Establishment and Composition of Conciliation Committee) |
| (1) | The conciliation committees segmented by sex, disability, etc. may be established under the Commission to ensure the speedy and fair settlement of conciliation. <Amended by Act No. 7651, Jul. 29, 2005> |
| (2) | The commissioners of the conciliation committees segmented by sex, disability, etc. shall be commissioned by the president from among the commissioners of the Commission and the persons falling under any of the following subparagraphs: <Amended by Act No. 7651, Jul. 29, 2005> |
| 1. | Person who has professional knowledge and experience regarding the human rights and has worked in the field relating to the human rights in the State agency or civilian organization for 10 years or more; |
| 2. | Person who has worked in the profession of judge, prosecutor, military judge advocate or attorney-in-law for 10 years or more; and |
| 3. | Person who has worked in the profession of assistant professor or higher in the university or publicly certified research institutions for 10 years or more. |
| (3) | The meeting of the conciliation committee shall consist of the following persons: <Amended by Act No. 7651, Jul. 29, 2005> |
| 1. | One person designated by the president at each meeting from among the commissioners of the conciliation committees who are the commissioners of the Commission; and |
| 2. | Two persons designated by the president at each meeting from among the commissioners of the conciliation committees segmented by the fields pursuant to the provisions of paragraph (2). |
| (4) | Necessary matters concerning the commission and term of office of the commissioners of the conciliation committee, the composition and operation of the conciliation committee and the procedures of conciliation, etc. shall be prescribed by the rules of the Commission. <Amended by Act No. 7651, Jul. 29, 2005> |
| (5) | With respect to matters concerning the procedures for conciliation of the Commission, which are not prescribed both by this Act and by the rules of the Commission, the Judicial Conciliation of Civil Disputes Act shall apply mutatis mutandis. <Amended by Act No. 7651, Jul. 29, 2005> |
| Article 42 (Conciliation) |
| (1) | The conciliation committee may start the procedure of conciliation regarding the petition submitted to the conciliation committee in accordance with the application of the party concerned or ex officio on the case of violation of human rights or discriminatory acts. <Amended by Act No. 7651, Jul. 29, 2005> |
| (2) | The conciliation shall be completed at the time when, after the procedures therefor are initiated, both parties concerned enter the compromised matters in the document of conciliation by fixing their sign and seal and the conciliation committee, in turn, identifies no flaw of that document. |
| (3) | If both parties concerned fail to reach a compromise in the course of the procedures for conciliation, the conciliation committee may make a decision in lieu of the conciliation in order to fairly settle the case. |
| (4) | The decision in lieu of conciliation may include any of the following subparagraphs: <Amended by Act No. 7651, Jul. 29, 2005> |
| 1. | Interruption of the violation of human rights or discriminatory acts subject to the investigation; |
| 2. | Recovery, compensation for damage or other necessary remedies; and |
| 3. | Measures necessary for the prevention of recurrence of the same or similar violation of human rights or discriminatory acts. |
| (5) | If the conciliation committee makes a decision in lieu of conciliation, it shall serve both parties concerned with the written decision without delay. |
| (6) | If any party concerned fails to file a complaint within 2 weeks after he/she has been served with the written decision under paragraph (5), he/she shall be deemed to accept the conciliation. |
| Article 43 (Effect of Conciliation) |
The conciliation under Article 42 (2) and the decision in lieu of conciliation in case of no complaint under Article 42 (6) shall have the same effect as settlement at court.
| Article 44 (Recommendation of Remedies, etc.) |
| (1) | If the Commission deems that there occurred any violation of human rights or discriminatory acts as a result of the investigation of any petition, it may recommend the respondent or the head of the organ or organization to which he/she belongs or the supervisory institution thereof (hereinafter referred to as the "institution to which the respondent belongs") the matters of the following subparagraphs: <Amended by Act No. 7651, Jul. 29, 2005> |
| 1. | Implementation of remedial measures under subparagraphs of Article 42 (4); and |
| 2. | Rectification or improvement of any relevant Act and subordinate statute, institution, policy or practice. |
| (2) | The provisions of Article 25 (2) through (4) shall apply mutatis mutandis to the head of the institution to which the respondent belongs, who has received recommendation under paragraph (1) of this Article. |
| 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, the Chief of General Staff of the armed forces or the 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 results of treatment thereof. |
| Article 46 (Provision of Opportunity to State Opinion) |
| (1) | The Commission shall provide the respondent with an opportunity to state his/her opinion before making recommendation or taking a measure under Article 44 or 45. |
| (2) | In any such case as referred to in paragraph (1), any party concerned or interested person may present his/her oral or written opinion or necessary materials to the Commission. |
| Article 47 (Request for Legal Aid for Sufferer) |
| (1) | The Commission may, if deemed necessary to investigate petitions, ensure evidences or relieve sufferers, request the Korea Legal Aid Corporation or any other institution to render legal aid to said sufferers. |
| (2) | Legal aid under paragraph (1) shall not be requested against the clarified will of the relevant sufferer. |
| (3) | Necessary matters concerning the procedures, contents and methods of legal aid under paragraph (1) shall be prescribed by the rules of the Commission. |
| Article 48 (Recommendation of Urgent Relief Measures) |
| (1) | The Commission may, in case after receiving any petition it deems that it is considerably probable any violation of human rights or discriminatory acts subject to the investigation is in progress and it is likely to cause any damage difficult to recover if left as violated, recommend the respondent or the head of the institution to which he/she belongs to take measures falling under any of the following subparagraphs at the application of the petitioner or sufferer or ex officio before making a decision on the petition: <Amended by Act No. 7651, Jul. 29, 2005> |
| 1. | Provision of medical service, meal or clothing, etc.; |
| 2. | Participation in the on-site inspection and appraisal of any relevant place, facility or materials, etc. or the verification and appraisal which is conducted by any other organ; |
| 3. | Change of detention or accommodation places of internees; |
| 4. | Interruption of violation of human rights or discriminatory acts; |
| 5. | Displacement of any public official who is deemed to effect violations of human rights or discriminatory acts from his/her present assigned position; and |
| 6. | Other necessary matters for protecting the life or security of person of the sufferer. |
| (2) | The Commission may, if deemed necessary, take necessary measures for protecting the life, security of person and honor of any party concerned or interested person, etc., obtaining relevant evidences or preventing the destruction thereof, or recommend the interested person and the head of the institution to which he/she belongs to do so instead. |
| Article 49 (Non-publicity of Investigation and Conciliation, etc.) |
The investigation of any petition and the conciliation and deliberation conducted by the Commission shall be kept in camera: Provided, That they may be opened to the public if the Commission makes a resolution in favor thereof.
| Article 50 (Publicity of Results of Settlement) |
The Commission may give publicity to the contents and results of any investigation and conciliation, the recommendation to the related entities and the measures taken by them under this Chapter: Provided, That this shall not apply to any case in which the said publicity is restrained by any other Act or it is likely to infringe on the privacy of any individual.
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 51 (Prohibition of False Personation) |
Any person shall not exercise the authority of the Commission by falsely pretending to be a commissioner or its staff.
| Article 52 (Prohibition of Disclosure of Secret) |
A person who was or is a commissioner, advisory member or staff of the Commission and any other person who performed or performs affairs of the Commission after having been dispatched to or entrusted by the Commission in order to do so shall not disclose any secret which comes to their knowledge or is acquired by them in the course of performing their duties.
| Article 53 (Prohibition of Use of Similar Name) |
Any person other than the Commission shall not use the name of the National Human Rights Commission or any other name similar thereto.
| Article 54 (Dispatch of Public Official, etc.) |
| (1) | The Commission may, if deemed necessary to perform its duties, request the head of any related entity to dispatch a public official or staff member under his/her control to the Commission. |
| (2) | The head of the related entity who is requested under paragraph (1) may dispatch a public official or staff member under his/her control to the Commission in consultation with the Commission. |
| (3) | The public official or staff member who is dispatched to the Commission under paragraph (2) shall perform affairs of the Commission, separated from the entity to which he/she belongs. |
| (4) | The head of the related entity who has dispatched a public official or staff member under his/her control to the Commission under paragraph (2) shall not take unfavorable measures for the said public official or staff member in terms of allocation and promotion as well as treatment. |
| Article 55 (Prohibition of Unfavorable Treatment, and Supports) |
| (1) | Any person shall not be subject to any removal from his/her office, transfer to another position, disciplinary action and unjust treatment as well as other unfavorable measures in status or treatment on account of his/her petition, statement, witness, presentation of materials or reply under this Act. |
| (2) | The Commission may give any necessary support or reward to a person who either reveals the fact of any violation of human rights or discriminatory acts, or finds and presents relevant evidences or materials. <Amended by Act No. 7651, Jul. 29, 2005> |
| (3) | The contents and procedures of support or reward under paragraph (2) and other necessary matters shall be prescribed by the rules of the Commission. |
CHAPTER VI PENAL PROVISIONS
| Article 56 (Obstruction of Performance of Human Rights Protection Duties) |
| (1) | A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than 5 years or by a fine not exceeding 30 million won: <Amended by Act No. 7651, Jul. 29, 2005> |
| 1. | A person who assaults or intimidates a commissioner or staff member of the Commission who performs affairs thereof; |
| 2. | A person who assaults or intimidates a commissioner or staff member of the Commission for the purpose of coercing or hindering any act in relation to the performance of duties of said commissioner or staff member or compelling him/her to resign his/her office; |
| 3. | A person who obstructs the performance of duties of a commissioner or staff member of the Commission by any deceit; and |
| 4. | A person who destroys, falsifies or alters any evidence related to other person’s case of violation of human rights or discriminatory acts subject to the investigation by the Commission under Chapter IV of this Act, or uses any such evidence as so falsified or altered. |
| (2) | If blood relatives or the head of house of any person, or family members living with him/her commit a crime under paragraph (1) 4 for him/ her, they shall not be punished. |
| Article 57 (Obstruction of Preparation of Written Petition) |
A person who fails to receive or obstructs any petition in violation of Article 31 shall be punished by imprisonment for not more than 3 years or by a fine not exceeding 10 million won.
| Article 58 (False Statement on Identity) |
A person who exercises the authority of the Commission by falsely pretending to be a commissioner or its staff in violation of Article 51 shall be punished by imprisonment for not more than 2 years or by a fine not exceeding 7 million won.
| Article 59 (Disclosure of Secret) |
A person who discloses any such secret as coming to his/her knowledge or acquired by him/her in the course of performing his/her duties in violation of Article 52 shall be punished by imprisonment with or without labor for not more than 2 years or by qualification suspension for not more than 5 years.
| Article 60 (Obstruction of Urgent Relief Measures) |
A person who obstructs the measures taken by the Commission under Article 48 (1) or (2) shall be punished by imprisonment for not more than one year or by a fine not exceeding 5 million won.
| Article 61 (Violation of Guarantee of Petition Right of Internee) |
A person who violates the provisions of Article 31 (6) or (7) shall be punished by a fine not exceeding 10 million won.
| Article 62 (Legal Fiction as Public Official in Application of Penal Provisions) |
Any person other than a public official from among the commissioners of the Commission shall be deemed to be a public official in the application of penal provisions under the Criminal Act or any other Act. <Amended by Act No. 7651, Jul. 29, 2005>
| Article 63 (Fine for Negligence) |
| (1) | A person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding 10 million won: |
| 1. | A person who refuses, obstructs or evades either a visit and investigation under Article 24 (1) or a practical inspection on the spot under Article 36 without any justifiable reason; |
| 2. | A person who fails to comply with the requisition for submitting a written statement or presenting himself/herself by the Commission under Article 36 (1) 1 or (2) without any justifiable reason; and |
| 3. | A person who fails to comply with the requisition for submission of materials and the reference for any fact under Article 36 (1) 2 and 4 or (5) without any justifiable reason, or submits false materials. |
| (2) | A person who violates the provisions of Article 53 shall be punished by a fine for negligence not exceeding 3 million won. |
| (3) | A fine for negligence as prescribed in paragraphs (1) and (2) shall be imposed by the president of the Commission in accordance with the Presidential Decree. |
| (4) | A person who is dissatisfied with any disposition of fine for negligence as prescribed in paragraph (3) may raise an objection to the president of the Commission within 30 days after being notified of said disposition. |
| (5) | If a person who is subject to a disposition of fine for negligence under paragraph (3) raises an objection under paragraph (4), the imposition authority shall, without delay, notify the competent court, which, in turn, shall proceed to a trial on a fine for negligence pursuant to the Non-Contentious Case Litigation Procedure Act. <Amended by Act No. 7651, Jul. 29, 2005> |
| (6) | If an objection is not raised within the period as prescribed in paragraph (4) and a fine for negligence is not paid, the fine for negligence shall be collected by referring to the practices of dispositions on default of national taxes. |
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation: Provided, That the appointment of the commissioners and staff of the Commission, the enactment and promulgation of its rules concerning the enforcement of this Act, and the preparation for its establishment may be conducted even before this Act enters into force. |
| (2) | (Application Example concerning Commencement of Term of Office of Commissioners) The term of office of those commissioners who are initially appointed under this Act shall be deemed to commence on the date when this Act enters into force. |
| (3) | (Enactment of Presidential Decree) The president of the Commission may recommend the Prime Minister to submit the draft Presidential Decree concerning the enforcement of this Act. |
ADDENDUM<Act No. 7651, Jul. 29, 2005>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 7655, Aug. 4, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 8 Omitted.