{"id":267,"date":"2010-12-02T13:25:33","date_gmt":"2010-12-02T13:25:33","guid":{"rendered":"http:\/\/minbyun.org\/english\/?p=267"},"modified":"2010-12-02T13:25:33","modified_gmt":"2010-12-02T13:25:33","slug":"national-report-for-upr-april-9-2008","status":"publish","type":"post","link":"https:\/\/www.minbyun.or.kr\/?p=267","title":{"rendered":"National Report for UPR– April 9, 2008"},"content":{"rendered":"
A\/HRC\/WG.6\/2\/KOR\/1<\/address>\n
9 April 2008<\/address>\n
Human Rights Council <\/address>\n
Working Group on the Universal Periodic Review <\/address>\n
Second Session <\/address>\n
<\/address>\n

NATIONAL REPORT SUBMITTED IN ACCORDANCE WITH PARAGRAPH 15 (A) OF THE ANNEX TO HUMAN RIGHTS COUNCIL RESOLUTION 5\/1<\/p>\n

REPUBLIC OF KOREA<\/p>\n

I. INTRODUCTION
\n<\/span>A. The Republic of Korea\u2019s position on the Universal Periodic Review
\n<\/strong>1. The Republic of Korea (ROK), with the experience of transforming itself from an
\nauthoritarian regime of the past to a democratic nation in a short period of time, fully
\nrecognizes the importance of human rights as a universal value. Benefiting from the valuable
\nlessons learned in this process, we are deeply committed to adhering firmly to the principles
\nof human rights. Accordingly, the ROK has continued to promote and protect human rights
\nat the domestic level, and consolidated cooperation in the human rights field at the
\ninternational level. The ROK government is deeply aware of the fact that protecting human
\nrights is not a political option but rather a responsibility and a duty which is inherently linked
\nwith the very “raison d\u2019\u00eatre” of the nation.
\n2. The ROK has been playing a full role in United Nations activities to protect and
\npromote international human rights, including by taking an active part in establishing the
\nUnited Nations Human Rights Council as a founding member. Furthermore, the Government
\nis also currently exerting efforts to strengthen domestic human rights institutions. In this
\nregard, we established the National Action Plan for the Promotion and Protection of Human
\nRights (“NAP”) in May 2007 which sets comprehensive policy goals for the promotion and
\nprotection of human rights.
\n3. Having been through the dark tunnel of human rights oppression in the past, the ROK
\nis now reaffirming its resolute commitment of “all human rights for all”. To this end, we
\nstand ready to exchange views with other United Nations Member States, international
\norganizations, and NGOs through the UPR process. Indeed, the UPR offers the ROK an
\nopportunity to explore ways to identify and overcome numerous challenges and limitations.
\nThe Government is ready to discuss the human rights situation through genuine dialogue and
\ncooperation within the Human Rights Council and seek advice from other international
\nhuman rights organizations as well as NGOs. The ROK hopes to further consolidate its
\ncapacity in the promotion and protection of human rights in this way.<\/p>\n

\u00a0<\/strong><\/p>\n

B. Methodology and Process of Consultations
\n<\/strong>4. The National Report as part of this review outlines the normative and institutional
\nframework, policies and their implementation in the protection and promotion of human
\nrights. It also sets out best practices to be shared with other Member States. In addition, the
\nGovernment will concentrate on clarifying the constraints faced in reality and, through
\ndialogue and cooperation with the international community, will seek to identify solutions
\ntogether in those fields of human rights in which improvements are required.
\n5. This report has been prepared in line with the guidance provided in Resolution 5\/1 of
\n18 June 2007 by the Human Rights Council, and on the General Guidelines for the
\nPreparation of Information under the Universal Periodic Review set out in Document
\nA\/HRC\/6\/L.24
\n6. The Ministry of Foreign Affairs and Trade has coordinated the process of preparing this
\nreport and has engaged in close consultations with the relevant ministries and government
\nbodies. The Government has consulted the National Human Rights Commission of Korea
\n(NHRCK), non-governmental organizations and experts through various consultative
\nmeetings. It has also undertaken efforts to gather public opinion by conducting wide-ranging
\non-line inquiries and by posting the draft report on the Web site of the Ministry of Foreign
\nAffairs and Trade. The Consultation Meeting with NGOs was held on 18 March 2008. The
\nGovernment also takes note of the critical comments some NGOs submitted in writing prior
\nto the submission of the report.<\/p>\n

II. THE NORMATIVE AND INSTITUTIONAL FRAMEWORK FOR THE
\nPROMOTION AND PROTECTION OF HUMAN RIGHTS
\n<\/span>A. Basic goals
\n<\/strong>7. The ROK respects the human dignity and value and the right to pursue happiness of all
\npeople. It commits itself to confirm and guarantee each individual’s right to enjoy inviolable
\nhuman rights and fundamental freedoms without discrimination.
\n8. In the area of civil and political rights, the Government makes every effort to expand
\nand where necessary, protect the individual’s freedom and liberty in all areas of life, security
\nof person, movement and residence, privacy, thought, conscience, religion, speech,
\npublication, assembly, association, political participation, etc.
\n9. In the area of economic, social, and cultural rights, the Government strives to enhance
\nthe quality of the lives of individuals by providing a wide range of opportunities to enjoy
\neducation, culture, health services, etc. It is also exerting every possible effort to guarantee
\nlabor rights, the right to a decent life and the right to health of the low-income or the
\nvulnerable by securing the social safety net.
\n10. The Government seeks to promote the human rights of the underprivileged and
\nminorities. It also tries to achieve sound social integration by abolishing discrimination in the
\nlaw, institutions and practices so as to promote the human rights of the underprivileged and
\nminorities. We seek to reflect the perspectives of the underprivileged and minorities in the
\nprocess of legislation and policy implementation and to eliminate prejudice among the
\nmembers of society, fostering mutual respect for diversity.
\n11. Moreover, considering the political, economic, social conditions as well as feasibility,
\nthe Government continues to pursue the domestic implementation of international human
\nrights standards and recommendations by the international human rights treaty bodies. It also
\ncontinues to focus its efforts to raise public awareness of human rights through education and
\npublicity campaigns pertaining to human rights issues.
\n\u00a0<\/strong><\/p>\n

B. Legal and institutional background
\n<\/strong>12. The Constitution of the ROK guarantees basic human rights and stipulates the
\ncategories and nature of human rights. It also stipulates the scope of the limitation of basic
\nhuman rights and the obligation of the state to reaffirm and guarantee the inviolability of
\nindividual human rights. The Constitution stipulates that basic freedoms and rights should
\nnot be undervalued simply on the grounds that they are not specified in the Constitution.
\n13. While there is no comprehensive human rights act that encompasses the promotion and
\nprotection of all human rights, the entire spectrum of human rights is in fact covered by a
\nrange of acts. Such acts reaffirm and specify human rights and fundamental freedoms. No
\nprovision of an individual law can infringe on basic human rights beyond the limitations
\nstipulated in the Constitution and in the case of an infringement, the matter may be referred
\nto the Constitutional Court for a review of the constitutionality of the provision.
\n14. In principle, the protection of human rights is ensured through criminal punishment and
\ncompensation for damages. Administrative measures that violate human rights can be
\nnullified or cancelled through administrative appeals or administrative litigation.
\nFurthermore, in the case that the violation of fundamental human rights due to the act or
\nomission of public power is not redressed even after all procedural remedies have been
\nexhausted, one can file a complaint before the Constitutional Court.
\n15. Apart from judicial decisions, victims of human rights violations can petition the
\nOmbudsman institution, Civil Rights Commission, or the National Human Rights
\nCommission of the Republic of Korea, and seek remedies through the recommendations of
\nsuch institutions.
\n16. The ROK is a party to the six core human rights treaties : the International Covenant on
\nCivil and Political Rights (ICCPR), International Covenant on Economic, Social and Cultural
\nRights (ICESCR), International Convention on the Elimination of All Forms of Racial
\nDiscrimination (CERD), Convention on the Elimination of All Forms of Discrimination
\nagainst Women (CEDAW), Convention against Torture and Other Cruel, Inhuman or
\nDegrading Treatment or Punishment (CAT) and Convention on the Rights of the Child
\n(CRC). The ROK signed the Convention on the Rights of Persons with Disabilities (CRPD)
\non March 30th 2007, and is seeking to achieve its early ratification.
\n17. International treaties duly concluded and promulgated under the Constitution and
\ngenerally recognized rules of international law have equal effect as domestic law, as do the
\ninternational human rights treaties. When legislating or amending domestic laws, the
\nGovernment thoroughly reviews all draft laws to avoid any possible conflict between
\ninternational laws and new legislations.<\/p>\n

\u00a0<\/strong><\/p>\n

C. Human rights institutions
\n<\/strong>18. The various government ministries and institutions all play their own role in the
\nprotection and promotion of human rights, with each playing slightly different roles of
\nvarying levels of importance. Major ministries in this regard include the Ministry of Justice,
\nwhich is responsible for ensuring the right to liberty and security of the person, the Ministry
\nof Education, Science and Technology for educational rights, the Ministry of Labor for labor
\nrights, the Ministry of Health, Welfare and Family Affairs for issues pertaining to health
\nrights and the rights of the child, Ministry of Gender Equality for women\u2019s rights, etc.
\n19. In order to ensure an integrated approach to the range of diverse human rights issues
\ndealt with by each ministry, the Government established the Human Rights Bureau in the
\nMinistry of Justice responsible for coordinating human rights policies within the Government.
\nThe National Human Rights Policy Council presided over by the Minister of Justice
\nestablishes comprehensive human rights policy such as the NAP and deals with the task of
\ndiscussing and coordinating key issues of human rights policies.
\n20. The “NAP 2007-2011,\u201d which is the first comprehensive plan on human rights, was
\nadopted in May 2007. Thirty related government ministries and institutions participated in
\ndrawing up this plan which is now in the process of being implemented.
\n21. In addition, the National Human Rights Commission was established in November
\n2001 as a national human rights institution independent from government organizations. The
\nNational Human Rights Commission undertakes various activities, including making
\nrecommendations for the improvement of policies, laws, institutions and practices,
\nconducting a wide-range of investigations on human rights conditions, providing
\nrecommendations on discriminatory practices, and carrying out human rights education and
\nawareness raising as well as cooperating with both foreign and domestic human rights
\norganizations.
\nD. International human rights obligations
\n<\/strong>22. The ROK, as a United Nations Member State, cooperates with the United Nations
\nsystem “to achieve international co-operation in promoting and encouraging respect for
\nhuman rights and for fundamental freedoms for all” and is committed to fulfilling the
\nobligations under the United Nations Charter. Abiding by the ‘Universal Declaration of
\nHuman Rights” adopted by the United Nations General Assembly in 1948, the ROK will
\nobserve the basic human rights treaties and standards which serve to embody the principles
\nset out in the Universal Declaration.
\n23. The ROK, as a state party to the six core human rights treaties, has faithfully submitted
\nreports on the measures adopted by the Government to implement the conventions and stand
\nunder examination by treaty bodies. Moreover, the Government pursues higher human rights
\nstandards through the faithful implementation of the voluntary pledges and commitments that
\nthe Government announced as a candidate for membership to the HRC in 2006.<\/p>\n

III. PROMOTION AND PROTECTION OF HUMAN RIGHTS
\n<\/span>A. Implementation of human rights obligations
\n<\/strong>24. The Government guarantees and promotes civil, political, economic, social and cultural
\nrights, firmly recognizing the principles of universality, indivisibility, interdependence and
\ninter-relatedness of all human rights, while endeavoring to protect the human rights of the
\nvulnerable and minorities such as children, women, persons with disability and foreigners.
\nConsidering the concluding observations by the human rights treaty bodies, the Government
\nwould like to set out the measures taken for the implementation of human rights obligations
\nand commitments.
\n<\/em><\/p>\n

1. Right to Life
\n<\/em>25. With respect to the maintenance or abolition of the death penalty, national consensus
\nhas not yet been reached. However, as no executions have been carried out since December
\n1997, the ROK was classified in December 2007 by Amnesty International as an
\n“abolitionist in practice.\u201d On the occasion of the adoption of the Resolution on a Moratorium
\non the Death Penalty at the 62nd United Nations General Assembly in November 2007,
\ninter-ministerial discussions on the death penalty were held.
\n26. The Draft of the Amendment of Bioethics and Safety Act and the draft of the
\nReproduction Cells Act presented to the National Assembly are intended to provide a
\ndomestic legal framework that conforms to international bioethics standards, including the
\nprotection of the patients’ right of self-decision, reproduction cells and DNA information.
\n<\/em><\/p>\n

2. Privacy
\n<\/em>27. The Government seeks to ensure privacy from Closed Circuit Television (CCTV) in
\npublic institutions and the private sector. In the case of public institutions, the Amendment to
\nthe Act on the Protection of Personal Information Maintained by Public Agencies of May
\n2007 limits the installation of CCTVs to those cases in which it is necessary for the public
\ninterest. It takes measures to strengthen the installation, operation and management such as
\nby making it obligatory to first gather the opinions of residents and to place signs advising
\npeople that the CCTVs is in operation. Research into the current situation and promotional
\nactivities in the private sector are both carried out to ensure that the ‘Guidelines for the
\nProtection of CCTV Personal Visual Information’ that were put in place in October 2006 are
\nabided by.
\n28. Public institutions and private companies are encouraged, in the collection and use of
\npersonal information, to conduct a ‘Personal Information Influence Evaluation’ for the
\npurpose of evaluating and improving upon factors that pose a risk for the release of personal
\ninformation or illegal transactions. The Government is considering introducing legislation on
\na personal information risk management system to ensure that private corporations of certain
\ncategories periodically check the status of the personal information management.
\n<\/em><\/p>\n

3. Liberty and security of person
\n<\/em>29. The Penal Procedure Code, which was the object of observations and recommendations
\nby human rights treaty bodies, including the Human Rights Committee, was revised in April
\n2007. The improvements include the introduction of measures on areas such as the procedure
\nof arrest in exigent circumstances, the right to be promptly subjected to judicial scrutiny
\nbefore detention, the enhancement of legal assistance provided for detainees, attorney
\nparticipation in interrogations, and special protection for suspects and defendants with
\ndisabilities.
\n30. The Criminal Administration Act, which was pointed out as a harsh disciplinary
\npunishment, was completely revised into the Criminal Administration and Treatment of
\nPrisoners Act in December 2007. According to the new Act, the term “restraining devices”
\nwas changed to “protective equipment” to avoid being misunderstood as a tool for
\ndisciplinary punishment. It also stipulates that the protective equipment cannot be used as a
\nmeans of disciplinary punishment. Furthermore, chains cannot be used as protective
\nequipment and prisoners cannot be isolated for over a period thirty days.
\n31. To eliminate the possibility of inhumane treatment in the process of investigations, the
\nrevised Penal Procedure Code in April 2007 provides that the entire process of interrogating
\nsuspects can be videotaped and that every public prosecutor\u2019s office shall install video taping
\nequipment in its investigation room. The Penal Procedure Code denies the admissibility of
\nconfessions obtained from illegal procedure.
\n<\/em><\/p>\n

4. Right to hold public office
\n<\/em>32. The Government takes or pursues various initiatives to guarantee equal opportunities
\nfor women, the disabled and capable people from various regions in assuming public
\npositions. The Five Year Plan for the Expansion of Women Managers in Public Positions
\nabove director or deputy director level (Rank 4) aims to increase the proportion of women
\nmanaging officers above Rank 4 and the Equal Employment Initiative for Gender sets a
\nminimum target employment rate of one sex to at least 30 per cent. Further, a mandatory
\nemployment rate of 2 per cent is being pursued to provide balanced opportunities for the
\ndisabled serving in public posts, and the groundwork has been laid for the introduction of a
\n\u201cSpecial Employment Policy for the Seriously Handicapped\u201d with the revision of the Decree
\nof Public Officials Appointment Examination in December 2007. The \u201cRegional Talent
\nTarget Employment Policy\u201d (Target employment rate of 20 per cent) was adopted in 2007 to
\nensure balanced opportunities for qualified candidates from all regions to assume public
\npositions.
\n<\/em><\/p>\n

5. Equal treatment
\n<\/em>33. In accordance with the recommendations of the Committee on the Elimination of
\nDiscrimination Against Women (CEDAW) and the Committee on the Elimination of Racial
\nDiscrimination (CERD), a draft Anti-Discrimination Act that prohibits and prevents
\nungrounded discrimination in all areas of living and provides remedies for damage incurred
\nby unreasonable discrimination was submitted for deliberation before the National Assembly
\nin December 2007. The Government’s efforts to provide equal treatment for foreigners and
\npersons with disabilities will be further described in relevant paragraphs.
\n<\/em><\/p>\n

6. Women\u2019s rights
\n<\/em>34. Achievements in protecting the human rights of women and furthering their
\nempowerment include the enactment of the Framework Act on Women’s Development
\n(1995) and the establishment of the Ministry of Gender Equality (2001). In addition, the
\nCivil Act was amended in 2005 in order to abolish the Family Head System, allowing the
\nFamily Relationship Registration which ensures the implementation of the equal status of
\nmen and women in families and society staring from 2008. The Government has made
\nprogress in eliminating gender-based discrimination on the legal age for marriage by making
\nthe legal age 18 years for both men and women. Furthermore, it is continuously striving for
\nthe promotion of women’s rights in family affairs, as evidenced in its submission to the
\nNational Assembly of a revised Civil Act ensuring women’s equal rights to accumulated
\nproperty during married life.
\n35. Furthermore, in order to incorporate gender perspectives into government polices, a
\ngender impact analysis system was introduced (2003) and applied (2004), and a gender
\nbudget analysis system was established (2006). Efforts to raise the participation of women in
\npolicy-making process resulted in an increase in the ratio of women in high-level positions;
\nwomen lawmakers 5.9 per cent (2002) \u219214.1 per cent (2007); women in government
\nadvisory committees 30.1 per cent (2002) \u219233.7 per cent (2006); high-level female public
\nofficers 5.5 per cent (2002) \u21929.6 per cent (2006); and female professors at national or public
\nuniversities 9.1 per cent (2002) \u219210.97 per cent (2006).
\n36. To ensure gender equality in employment and to enhance women\u2019s economic
\nparticipation, the amount of monthly payment for childcare leave (200,000 won (US$200) in
\n2001 \u2192500,000 won (US$500) in 2007) was increased, and subsidies for continuous
\nemployment of women after childbirth (2006) and special paid leave for women who suffer
\nfrom miscarriages were also introduced. Furthermore, Affirmative Action for Women\u2019s
\nEmployment (2006) was introduced.
\n37. To prevent violence against women and to ensure the further protection of their human
\nrights, the Act on the Punishment of Procuring Prostitution and Associated Acts and the Act
\non the Prevention of Prostitution and Protection of Victims (2004), and the Comprehensive
\nAction Plan to Prevent Prostitution (2004) were established. In addition, the Support
\nCenter for Victims of Forced Prostitution (2005) was launched to provide rehabilitation
\nsupport. Also, various support policies were introduced such as the expansion of counseling
\ncenters and protection facilities for victims of sexual and domestic violence, the provision of
\na One-Stop Service for victims, which provides counseling, medical, investigative, and legal
\nneeds, and the establishment of dedicated centers for the prevention of sexual violence
\nagainst children (three locations).
\n<\/em><\/p>\n

7. Rights of the child
\n<\/em>38. The Government ratified the Convention on the Rights of the Child in 1991 to
\nparticipate in the international community’s efforts to guarantee and protect the rights of the
\nchild. The Government has made realizing the rights of children as one of its key national
\npolicy goals in order to implement ‘A World Fit For Children’ as adopted at the United
\nNations General Assembly Special Session on Children in May 2002.
\n39. To meet international standards on the rights of the child, the Government has been
\nimplementing three key general measures related to children. First, the Comprehensive Plan
\nfor Child Protection and Development was introduced in 2002 to foster a healthy social
\nenvironment for growing children. Second, the Government put in place the Comprehensive
\nPlan for Child Safety in 2003 to ensure that children could live free from abuse, school
\nviolence, and accidents. Lastly, through the introduction of the Comprehensive Plan for
\nChildren and Youth in Poverty in 2004, the Government began to provide children in need
\nwith a basic standard of living and strengthen support designed to help them stand on their
\nown feet. Since 2007, as means to active investment in human capital, the Children
\nDevelopment Account (CDA) was introduced to support accumulation of assets of lowincome
\nchildren. Furthermore, the \u2018Hope Start Project’ was launched to provide customized
\nintegrated services in health, welfare, education and culture to children residing in poor areas.
\n40. In compliance with a recommendation adopted by the United Nations Committee on
\nthe Rights of the Child (CRC) in 2003, the revised Civil Act in 2007 extended children’s
\nrights of direct contract with their parents, the rights of which used to be limited to parents.
\nAs for the prohibition of physical punishment of children, the Government is working to ban
\nphysical punishment of children entirely by modifying related laws while strengthening
\neducation on children’s rights during training for school teachers.
\n41. The Government expanded the scope of people who are obliged to report child
\nabuse by revising the Child Welfare Act in 2004. By establishing 44 specialized institutions
\ndedicated to protecting children from violence throughout the nation, the Government
\nprovides rapid protection and other necessary services for child victims. In order to deal with
\nschool violence, the Act on the Prevention and Countermeasures against School Violence
\nwas enacted in 2004 while government-wide policies were implemented under the leadership
\nof the Prime Minister in 2005 to eradicate school violence including cyber crimes and sexual
\nviolence.
\n<\/em><\/p>\n

8. Rights of persons with disabilities
\n<\/em>42. The Government put in place a framework for welfare for the disabled with the
\n‘Welfare of Disabled Persons Act’ in 1981, and also established the ‘Act on Convenience
\nPromotion for Persons with Disabilities, the Elderly and Pregnant Women’ in 1997 to ensure
\naccess to facilities, information and communications. In 2005, the ‘Act on Mobility
\nPromotion for Persons with Disabilities’ was established to enhance transportation rights and,
\nin 2007, the ‘Anti-Discrimination against and Remedies for Persons with Disabilities’ was
\nenacted in order to realize the guarantee of human rights on a firm basis of rights and is
\nscheduled to be brought into effect in April 2008. The Act prohibits both direct and indirect
\ndiscrimination and defines the refusal to provide reasonable accommodation for the disabled
\nas discrimination. All these laws represent movement towards the full participation and
\nequality of the disabled in society.
\n43. At the domestic level, the ‘Charter of Human Rights for Persons with Disabilities’ was
\nestablished in 1998 to guarantee the human rights of the disabled, and in 2008, ‘Guidelines to
\nEnsure Human Rights for Persons with Disabilities Living in Disabled Housing Facilities’
\nwere drawn up. In addition, the Government is supporting and monitoring the activities
\nundertaken by human rights organizations such as the Research Institute of the Differently
\nAbled Person’s Rights in Korea and the Human Rights Forum of Persons with Disabilities in
\nthe ROK.
\n44. The ROK will pursue the early ratification of the ‘Convention on the Rights of Persons
\nwith Disabilities,’ which is currently undergoing domestic procedures for ratification. It will
\nfully support the activities of international and national NGOs dealing with the issue of
\ndisability.<\/p>\n

<\/em><\/p>\n

9. Right to Education
\n<\/em>45. Six years of elementary school and three years of middle school education are
\nmandatory, and the former is provided free of charge. Necessary protection and assistance
\nfor underprivileged students such as the children of those receiving basic livelihood
\nassistance, children from single parent families and the near poor, are being provided in such
\nforms as school meal subsidies.
\n46. In May 2007, the Act on Special Education for Persons with Disabilities was enacted to
\nguarantee the right of students with disabilities to receive proper education. This Act
\nstipulates the establishment of a system for the early detection of disabilities, free education
\nfor children with disabilities under three years of age, successive mandatory education in
\nkindergarten and high school for those in special education programs, the obligation of
\nuniversities to provide support to students with disabilities, amongst others. Efforts are being
\nexerted to expand the number of special education classes as well as teachers so that the law
\ncan be brought into full effect from May 2008.
\n47. To ensure a high quality of education for school dropouts, the Government is seeking to
\nimprove alternative schools and facilities including the development of curricula, financial
\nassistance and joint workshops between teachers of standard schools and alternative schools,
\nand is operating programs to ensure the right to lifelong education through the Lifelong
\nEducation Act.
\n<\/em><\/p>\n

10. Labor rights
\n<\/em>48. In order to ensure the effective realization of the right to work, the Government has
\ninvested large sums of money to enhance employment services and vocational skills
\ndevelopment programs. As a result, the employment rates for men and women aged 15-64
\nincreased to 74.6 per cent and 53.1 per cent respectively in 2006. The Government
\nestablished a mid-term employment policy plan in 2003, with a focus on expanding growthengine
\nindustries and creating more jobs, and began to implement job creation measures
\nbased on the Social Pact for Job Creation agreed on by tripartite parties in February 2004. In
\nparticular, for vulnerable groups of workers, such as women, young people, the elderly and
\nthe disabled. The Government is further strengthening active labor market policies, including
\nemployment services, support for social service jobs, vocational skills development and
\nemployment subsidies.
\n49. In order to address discrimination against and abuse of non-regular workers (referring
\nto fixed-term, part-time or atypical workers including temporary agency workers, contract
\nworkers, workers in special types of employment, home workers, and daily laborers, who
\ntogether accounted for 35.9 per cent of the total wage earners in 2007), the number of which
\nhad sharply increased in the wake of the financial crisis, the Government revised related laws
\nand has implemented various measures for the protection of non-regular workers since July 1,
\n2007. The main features of these measures include: imposing no restrictions on reasons for
\nthe use of non-regular employment while providing remedial procedures to redress undue
\ndiscrimination against non-regular workers; and banning their dismissal with no justifiable
\nreason after a given period of employment (2 years). The measures are aimed at striking a
\nbalance between employment security and labor market flexibility. These measures have
\ncontributed to the improvement of non-regular workers\u2019 rights. This progress is expected to
\nbe consolidated as the Nation Labor Relations Commission\u2019s decisions to redress
\ndiscriminatory practices are accumulated.
\n50. After many years of social dialogue to establish industrial relations for social
\nintegration, the Government finally reached a tripartite agreement in 2006 and, based on the
\nagreement, has reformed its industrial relations laws and systems. The Government has made
\ngreat progress in bringing them into line with international labor standards by, for instance,
\nabolishing the compulsory arbitration system and notification requirement for third-party
\nassistance. In recognition of such progress, the OECD Council decided in June 2007 to put
\nan end to the monitoring of the ROK’s reform of industrial relations, which had continued
\nsince 1996. The OECD\u2019s decision reflects a positive evaluation of the international
\ncommunity on the advancement of the industrial relations in the ROK.
\n51. Meanwhile, in an effort to guarantee basic labor rights for teachers, teachers’ trade
\nunions were legalized and teachers were guaranteed the right to organize and the right to
\ncollective bargaining. However, their right to collective action is restricted in light of the
\npublic nature and political neutrality of education, and the need to balance their rights with
\nstudents’ right to learn. Such a restriction is also imposed because teachers’ educational
\nactivities, unlike general workers’ activities, demand high moral standards and
\nprofessionalism. In doing so, the Government has laid the foundation for win-win relations
\nfor the development of education policies.
\n<\/em><\/p>\n

11. Rights of migrant workers
\n<\/em>52. With its rapid economic growth, the ROK has transformed itself from a country
\nsending its workers abroad to a country bring in workers from other countries. In this context,
\nthe Government introduced the Industrial Trainee System in 1993. However, the system
\nfailed to respond flexibly to changing labor demands, giving rise to such problems as human
\nrights infringements and irregularities in the sending countries. To address these problems,
\nthe Government began to implement the Employment Permit System in 2004, which
\noperates based on an inter-governmental agreement.
\n53. Discrimination against foreign workers is strictly prohibited pursuant to the Act on
\nForeign Workers’ Employment. Like domestic Korean workers, foreign workers are
\nprotected by labor laws such as the Labor Standards Act, the Minimum Wages Act and the
\nIndustrial Safety and Health Act and are guaranteed the right to establish and join a trade
\nunion. In addition, insurance designed only for foreign workers was introduced to cope with
\nthe issues of overdue wages and retirement payments. The Government also strives to protect
\ntheir rights and interests through regional or district labor offices under the Ministry of Labor
\nas well as foreign worker support centers. So far a total of 14 countries in Asia, have signed
\nan MOU to send workers to the ROK under the Employment Permit System.
\n<\/em><\/p>\n

12. Foreigners
\n<\/em>54. The Basic Act on the Treatment of Foreigners in the ROK was legislated in May 2007
\nto prevent discrimination and to safeguard the human rights of foreigners and their children.
\nWith regard to foreign women married to Koreans, particular efforts are being exerted such
\nas establishing a ‘Pan-Governmental Plan for Social Integration of Internationally Married
\nWomen’ and quarterly reviews of its implementation, along with the enforcement of the
\nabove-mentioned Act. According to the Act, the central government and local governments
\nmust provide education, take measures to raise awareness and take other necessary actions to
\nprevent as well as to safeguard the human rights of foreigners or their children; major issues
\nrelating to policies regarding foreigners in the ROK should be reviewed and coordinated
\nthrough the ‘Committee on Policies Regarding Foreigners’ under the Prime Minister; and the
\nMinister of Justice established periodic 5 year ‘Basic Plans for Policies Regarding Foreigners’.
\n55. The Government has implemented support programs to assure a minimum standard of
\nliving for foreigners residing in the ROK who have married Korean nationals and are
\nbringing up children with Korean nationality, pursuant to the National Basic Living Security
\nAct and, for other foreigners, the Emergency Welfare Support Law.
\n<\/em><\/p>\n

13. Implementation of voluntary pledges
\n<\/em>56. The implementation status of the voluntary pledges and commitments to promote and
\nprotect human rights when the Government presented its candidacy for a membership of the
\nHuman Rights Council in June 2006, is set out below:

– Implementation of pledges for the enhancement of human rights at the national
\nlevel
\no Accession to the Optional Protocol to the Convention on the Elimination all
\nForms of Discrimination Against Women on 18 October 2006
\no Withdrawal of the reservation made to Article 14.5 of the International
\nCovenant on Civil and Political Rights on 2 April 2007
\no Declaration of acceptance of Articles 21 and 22 of the Convention Against
\nTorture on 9 November 2007
\no Adoption of the NAP on Human Rights on 22 May 2007
\no Strengthening of human rights education to raise public awareness for the
\nmainstreaming of human rights
\no Strengthening partnership and cooperation with civil society in the process
\nof developing, implementing, and evaluating public policy

– Implementation of pledges for the promotion of international human rights
\no Continued cooperation with international human rights treaties such as
\ncompliance with submission deadlines of reports on the implementation of
\ninternational human rights treaties and implementation of the
\nrecommendations by the treaty bodies
\no Rendering support to other United Nations members for the implementation
\nof human rights obligations such as the DR Congo human rights mapping
\ninitiative
\no Bilateral as well as multilateral cooperation for the consolidation of
\ndemocracy, rule of law and respect for human rights and fundamental
\nfreedoms
\no Cooperation with nations that request support in stabilizing democratic
\ninstitutions through the activities of the Community of Democracies and
\nPartnership for Democratic Governance
\no Contribution to the enhancement of the work of the United Nations High
\nCommissioner for Human Rights
\no Active participation in the discussions on drafting the Convention on the
\nRights of Persons with Disabilities and the signing of it on 30 March 2007
\nand ongoing domestic procedure for ratification

– Pledges regarding the operation of the United Nations Human Rights Council
\no Active participation in the discussions on making the United Nations
\nHuman Rights Council a more transparent, productive, and substantial
\ninstitution
\no Fulfilling the role as a member to respond to the violation of human rights
\nin a more prompt and effective manner
\no Efforts to place equal emphasis on and realize civil, political, economic,
\nsocial, and cultural rights.
\n<\/strong><\/p>\n

B. Raising public awareness
\n<\/strong>57. The draft Act on Human Rights Education was submitted to the National Assembly in
\nNovember 2007. It was intended to be a basic law on human rights education, stipulating
\nfundamental principles for human rights education: the right of everyone to receive human
\nrights education, the obligation of public institutions to provide human rights education, and
\nsupport by the central or municipal government for educational activities.
\n58. The Council for Human Rights Education in School was formed by 20 agencies,
\nincluding relevant ministries, central administrative agencies and local education authoritiesnationwide, in cooperation with the National Human Rights Commission, to conduct crossagency
\nconsultations and coordination on policies regarding the human rights education for
\nstudents in schools.
\n59. With regard to human rights education for public officials, the Guidelines for Public
\nOfficials Human Rights Education and Training were brought into effect in November 2007
\nto ensure that human rights education is incorporated into the training process for public
\nofficials in each ministry and office as well as public officials education facilities and
\ntraining institutions. In the case of prosecution and judicial officials, position-specific human
\nrights subjects which meet the needs of their specific roles such as \u2018correction and human
\nrights,\u2019 \u2018foreigners and human rights,\u2019 and \u2018juvenile protection and human rights\u2019 are taught
\nalongside human rights sensitivity training. In the case of police officials, human rights
\neducation exceeding 10 hours annually is being set in motion by introducing courses into the
\ncurriculum of the various police academies. In the military, a ‘Human Rights Leadership
\nTraining Program for Commanding Officers’ is being operated under the supervision of both
\nthe Ministry of Defense and National Human Rights Commission in order to advocate a
\nhuman rights mindset as well as to foster human rights-friendly leadership amongst the
\nmilitary commanders.
\n60. The National Human Rights Commission provides human rights education for
\ncompanies, the press and life-long education facilities, etc. The Commission helps citizens to
\ngain a better understanding of human rights by developing and distributing human rights
\nanimation and movies, and also by holding exhibitions of human rights cartoons, pictures,
\nfilms, and posters.
\n61. The Government published and distributed a booklet concerning the NAP which
\nincludes relevant provisions of the six core human rights treaties and concluding
\nobservations of each treaty body so as to promote understanding with respect to international
\nhuman rights mechanisms.
\n62. The concluding observations of the treaty monitoring bodies have been translated into
\nKorean for distribution to relevant institutions and have been made public by proper means
\nsuch as publication of information on the government web sites for easy access to the
\ninformation.
\n<\/strong><\/p>\n

C. Cooperation with human rights mechanism
\n<\/strong>1. NAP Mechanism
\n<\/em>63. The NAP 2007-2011 for the Promotion and Protection of Human Rights of the
\nRepublic of Korea was adopted as the first comprehensive plan for human rights policies of
\nthe Government. In the process of drafting the NAP, the Government, based on the
\nrecommendations from the National Human Rights Commission, listened to the opinion of
\nacademic circles, businesses and human rights organizations, through public hearings.
\nRelevant ministries are to implement the NAP under their own authority and the annual
\nresults of implementation are due for disclosure to the public by the National Human Rights
\nPolicy Council.
\n64. The National Human Rights Commission, civil society, and the press may monitor the
\nimplementation status of the action plans and express opinions as to whether the human
\nrights policy included in the NAP is being faithfully implemented. Such opinions may
\ninclude calling upon the related ministries and offices to take action to fully implement the
\nplan, proposing to amend or complement projects included in NAP, or suggesting new
\nprojects that are not yet included in the NAP.
\n65. The international human rights treaty bodies may recommend that the Government
\nimplement elements of the NAP through the review of periodic government reports.
\n66. The National Human Rights Policy Council, if necessary, may amend or complement
\nthe current NAP by evaluating the opinions from the National Human Rights Commission,
\ncivil society, the press, the international human rights treaty bodies, and may also reflect
\nthese opinions in the next NAP planning process in the year 2011.
\n2. Improvements in human rights policies and law
\n67. The National Human Rights Commission may recommend that the Government
\nresearch and improve human rights policy, laws, systems, and practices in accordance with
\nthe National Human Rights Commission Act. The ministers of relevant ministries or heads of
\ninstitutions, upon such recommendations should respect and make efforts to implement them,
\nand, in the event that they cannot be implemented, are required to explain in writing the
\nreasons why they cannot be implemented.
\n68. NGOs may put forward opinions in the process of advance notice for enactment or
\namendment and may also request improvements to human rights related policy, laws,
\nsystems, and practices through the collection of opinions or through civil petitions.
\n3. Standing invitation to special procedures
\n69. The ROK extended a standing invitation to all thematic special procedures mandate
\nholders during the High-level Segment of the 7th Session of the Human Rights Council in
\nMarch 2008. This serves to illustrate the willingness of the Government to cooperate with the
\nUnited Nations human rights mechanisms.<\/p>\n

IV. ACHIEVEMENTS AND CHALLENGES
\n<\/span>A. Best practices
\n<\/strong>1. NAP 2007-2011
\n<\/em>70. The NAP 2007-2011 mentioned above was the fruit of three years and seven months of
\nconsultations after the Government took the decision to establish it in October 2003. By
\nformulating the NAP, the ROK, placing utmost importance on human rights as a universal
\nvalue, could have the first comprehensive human rights policy, which sets human rights as
\none of the key goals of national policies by bringing together human rights issues that had
\nbeen dealt with separately by various ministries and offices.
\n71. Furthermore, the NAP has well established follow-up mechanism to effectively
\nimplement and bring about actual, durable improvements in human rights. The National
\nHuman Rights Policy Council will coordinate the process of NAP implementation such as
\nthrough consultation among relevant ministries, and annual monitoring and also will also
\ncomplement the NAP by reflecting the changes in the international and domestic human
\nrights conditions.
\n<\/em><\/p>\n

2. Promotion of Women’s Rights
\n<\/em>72. The framework for the elimination of discrimination against women and the
\nenhancement of gender equality has been put in place with the establishment of the Ministry
\nof Gender Equality, revision of the Framework Act on Women’s Development and the
\nestablishment of the Basic Plan for Women\u2019s Policy. These initiatives made possible the
\nabolition of the Family Head System, which was a prime example of gender discriminatory
\nlaw, and the amendment of the Civil Act which came into effect in January 2008, which is
\ndesigned to ensure that no one is unreasonably disadvantaged due to the principle of taking
\nthe father\u2019s surname only.
\n73. The participation of women in policy-making processes has been increased with the
\nintroduction of the Equal Employment Initiative for Women as well as the amendment of the
\nAct on Elections for Public Officers which calls for at least 50 per cent of the political
\nparties\u2019 candidates for proportional representation in the National Assembly to be women.
\nSocial activities of women have increased as well in the labor market with the establishment
\nof the Basic Plan on Gender Equality in Employment, the establishment of the
\nComprehensive Human Resources Development Plan for Women and the enactment of the
\nAct for the Creation of a Family-Friendly Social Environment.
\n74. To prevent sexual violence against women, the Government took pan-governmental
\nmeasures, including the establishment of the Comprehensive Plan for the Prevention of
\nSexual Violence and Support for Victims and the formation of the Task Force against Sexual
\nViolence. In addition, since the revision of the Act on the Prevention of Domestic Violence
\nand Protection of Victims, it has become mandatory for schools to provide education on the
\nprevention of domestic violence, and assistance for medical costs has been readjusted
\nsubstantially. Furthermore, the Government has made efforts to tackle the fundamental and
\nstructural causes of prostitution with the formation of the Prostitution Prevention Task Force
\nTeam and with the establishment of the Act on the Prevention of Sexual Traffic and
\nProtection of Victims, etc., of Victims thereof and the Act on the Punishment of Acts of
\nArranging Sexual Traffic. In particular, punishment of the procurers and clients of
\nprostitution has been strengthened while measures have been taken to protect the human
\nrights of the victims of forced prostitution.
\n<\/em><\/p>\n

3. Rights to Education of the Child of International Marriages
\n<\/em>75. In the case of children of international marriages, education rights are guaranteed by
\nArticle 31 of the Constitution as they become a Korean national at the time of birth pursuant
\nto Article 2. 1 of the Nationality Law. According to Article 6.2 of the Constitution and the
\nConvention on the Rights of the Child, the children of foreign workers enjoy the same rights
\nto education as Korean children. Other than such institutional guarantees, rights to education
\nfor children from multi-cultural families who are newly emerging as an alienated class are
\nassured through various government programs such as the ‘Comprehensive Plan on
\nEducation and Welfare’, ‘Multi-Cultural Family Children Education Support Plan’ and ‘Multi-
\nCultural Family Education Support Plan’.
\n<\/strong><\/p>\n

B. Challenges and Constraints
\n<\/strong>76. At the time of the Asian financial crisis at the end of 1997, the ROK experienced an
\neconomic crisis during which the country had to receive a relief loan from the IMF. However,
\nthe ROK swiftly overcame this and is resurging again to the position as the 13th largest in
\nterms of GDP and 11th in terms of trade volume. However, during the process of
\novercoming the financial crisis, the human rights situation of the vulnerable as well as the
\nunderprivileged in society was aggravated by such factors as the marginalization driven by
\nthe structural reform of the public sector as well as corporations, concentration of economic
\npower, the decrease in middle class and independent business owners, increase in nonregular
\nemployment and surge in real estate prices. These issues need to be addressed for
\nimprovement.
\n77. Furthermore, in the event that the current trends of holding the lowest birth rate in the
\nworld and a rapidly aging populace should continue in the future, Korean society is expected
\nto reach the highest ratio of population aged 65 or over in the world around the year 2050. In
\nresponse to this potential problem, the government will pay more attention to enabling full
\nenjoyment of economic, social and cultural rights along with building the social safety net
\nfor the elderly.
\n78. Moreover, with the number of international marriages reaching 11.9 per cent of the
\ntotal number of marriages in 2006 and an increase in the number of migrant workers who
\ncome to live and work in the ROK legally or illegally, the ROK is now seeing the emergence
\nof a multi-cultural society. The Government therefore needs to double its efforts to take
\nmeasures for social integration and to foster respect for human rights.
\n79. Facing confrontation with the DPRK, the ROK has engaged in mutual exchanges
\nthrough means such as the inter-Korean summit, economic cooperation, and sports as well as
\ncultural events. However, we have not reached a peace treaty, and 10 per cent of the
\nGovernment budget is allocated to national defense.
\n80. For the purposes of national defense, the ROK has a universal conscription system. All
\nKorean men are bound to compulsory military service, during which most of them serve two
\nyears as servicemen on active duty. Those who are conscripted tend to feel that they are at a
\ndisadvantage compared to women and those who are exempted from military service,
\nbecause they serve in the military during a time when they are preparing to embark fully on
\ntheir lives in society. Accordingly, it is not easy to achieve national consensus on the equality
\nof men and women, or conscientious objectors to military service.
\n81. The general perception amongst the people towards human rights is still limited to the
\ntraditional understanding of civil and political rights such as life, security of person,
\nresidence and movement, privacy, conscience, religion, thought, speech, publication,
\nassembly, association and political participation. However, it cannot be denied that economic,
\nsocial and cultural rights such as to education, work, health, environment, and culture should
\ngain that level of recognition.<\/p>\n

V. NATIONAL PRIORITIES AND INITIATIVES
\n<\/span>82. The ROK will make efforts to prevent and prohibit any discriminatory practices and
\nprovide remedy for victims by legislating and implementing the Anti-Discrimination Act as a
\nbasic law, in particular to eliminate discrimination against the underprivileged and
\nminorities.
\n83. The Government will exert efforts to build a social safety net to further secure the
\nhuman rights of those who are vulnerable as a result of social marginalization. The
\nGovernment will improve the National Basic Livelihood Security System, making it more
\nrealistic by reflecting actual minimum living expenses and considering the introduction of
\nindividual benefit systems. It will expand assistance in each sector including healthcare,
\nhousing, education and rehabilitation as well as extend the application of four major forms of
\ninsurance, including the National Pension, National Health Insurance, Employment
\nInsurance and Industrial Accident Compensation Insurance to help the near poor break free
\nof poverty.
\n84. In particular, with respect to the issue of non-regular workers of various types, which is
\noften pointed out as a critical issue that vividly illustrates the shadow of social polarization,
\nthe Government will explore ways to improve their human rights by conducting a thorough
\nreview of the effects of the new law on non-regular workers which is in the early stages of
\nenforcement.
\n85. As part of an effort to respond to the gradual decline in the birth rate, the Government
\nwill strive to ensure that society shares the child-care burden of women and families by
\nimproving the maternal care system, expanding public child-care centers and providing a
\nwider range of child-care services.
\n86. In response to the aging society, the Government is seeking to operate a new basic
\npension system for the elderly from 2008. Moreover, a System for the Long-term Protection
\nand Medical Treatment of the Aged will be introduced. The Government has plans to
\nprovide more assistance for low and middle income elderly people and to establish
\nspecialized institutes for the protection of the elderly who are subjected to abuse.
\n87. With respect to the multi-cultural society, greater efforts will be exerted to prevent
\ndiscrimination against foreigners or their children residing in the ROK; to provide education,
\ncounseling, and related information and knowledge so that foreigners and their children can
\nfully adapt themselves to the society. We will seek to enhance the education system, raise
\npublic awareness, and improve relevant institution so that Koreans and foreigners can gain a
\ndeeper mutual understanding and respect for their histories, cultures and systems.
\n88. The Government will continue to exert efforts to achieve national consensus on the
\nissue of whether to revise or abolish the National Security Law. However, apart from such
\nefforts, when it comes to the application of the current National Security Law, the
\nGovernment applies it very carefully and rigorously to prevent any abuse of the law.
\n89. As for conscientious objection to military service, the Government is planning to
\nresolve issues related thereto by devising the social service system, which would incorporate
\nconscientious objectors into the system and allow them to serve under it. In this regard, the
\nGovernment is conducting surveys and research. After a thorough process of public
\ndiscussions, the Government will find a policy that is suitable for the political and social
\nconditions of the ROK.
\n90. With respect to human rights violations that took place under authoritarian regimes, the
\nROK is striving to achieve social reconciliation by finding the truth and restoring the
\nreputation of victims through the Truth and Reconciliation Commission and by taking
\nappropriate measures, where necessary.
\n91. The Government will enhance human rights awareness amongst the people by
\nproviding more widespread human rights education with a richer content.<\/p>\n

VI. UNIVERSAL PERIODIC REVIEW: REPUBLIC OF KOREA\u2019S COMMITMENT
\n<\/span>92. The ROK will seek to participate fully in the entire UPR process and cooperate closely
\nwith the HRC in follow-up for the implementation of the UPR. Furthermore, the ROK will
\nplay a constructive role so that the UPR, as a key system in determining the success of the
\nHRC as well as the United Nations system, can truly fulfill its full potential.
\n—–<\/p>\n","protected":false},"excerpt":{"rendered":"

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