In Dialogue with the Republic of Korea, Experts of the Human Rights Committee Commend the State’s Support for Defectors from the Democratic People’s Republic of Korea, Raise Issues Concerning the 2022 Itaewon Incident and High Suicide Rates
The Human Rights Committee this morning concluded its consideration of the fifth periodic report of the Republic of Korea on how it implements the provisions of the International Covenant on Civil and Political Rights, with Committee Experts commending the State’s support for defectors from the Democratic People’s Republic of Korea, and raising issues concerning the 2022 Itaewon crowd crush incident and the State’s high suicide rates.
A Committee Expert commended the State party’s efforts addressed to help refugees from the Democratic People’s Republic of Korea to settle down by providing basic social adaptation. However, it was noted that a high percentage of defectors from the Democratic People’s Republic of Korea reported facing discrimination in the Republic of Korea primarily because of their origin. What social measures had been taken to eliminate discrimination and address its social and economic effects?
One Committee Expert said the 29 October 2022 Itaewon disaster, in which 159 people were killed and hundreds more were injured in a crowd crush in Itaewon, Seoul, during Halloween festivities, was a social catastrophe that seemed to have been fully foreseeable and preventable. Did the State party intend to enact the Special Act on the disaster promptly, establish an independent investigative body according to the Act, ensure the participation of victims in the investigation, hold accountable those responsible, and guarantee non-recurrence?
Another Committee Expert acknowledged the State party’s commitment to tackling the challenge of high suicide rates in the country, including among the elderly, the youth and the military, such as through the adoption of the Fifth National Suicide Prevention Basic Plan (2023-2027), but was concerned at reports that suicide rates continued to rise. The State party’s approach to the issue reportedly suffered from a lack of resources. How would the State party address the lack of resources and the root causes of suicide?
Jea Hyen Soung, Director General, Human Rights Bureau, Ministry of Justice of the Republic of Korea and head of the delegation, introducing the report, said the Government of the Republic of Korea placed democracy, the rule of law, and the promotion and protection of human rights at the core of its policies. It had made continued efforts to promote the rights under the Covenant in the given domestic and international environment and framework, but there were shortcomings that it was addressing.
On measures to prevent discrimination, Mr. Soung said that in the twenty-first National Assembly, four bills on comprehensive anti-discrimination prohibiting direct or indirect discrimination based on race, sexual orientation and gender identity were pending. Since 2021, the State had implemented the first Framework Plan to Protect and Promote Cultural Diversity to build the foundation for fostering the cultural inclusion of vulnerable groups. The delegation added that the Government was providing various support programmes to defectors from the Democratic People's Republic of Korea to address discrimination against this group.
On the Itaewon disaster, the delegation said that immediately after the incident occurred, large-scale investigations were carried out to ascertain the adequacy of responses taken. A victims’ support organization had been launched, which held regular meetings with bereaved families to provide them with information and support. A cross-ministerial taskforce had been set up to implement preventative actions to address mass crowds. Regular meetings were held to check the implementation of such measures.
To prevent suicide, the Government was steadily pursuing relevant policies through a dedicated policy division and suicide prevention centres, the delegation said. The Government was endeavouring to increase staff in these centres. It also conducted monitoring to prevent the spread of suicide-inducing information. The Government was providing a tailored support system for local governments to strengthen local efforts to tackle the issue. The Government collected statistics on the cause of suicide and published a suicide prevention white paper each year.
In concluding remarks, Mr. Soung said that, based on the previous concluding observations of the Committee, the State party had amended laws to address violence against women and implemented legislation on trafficking in persons, a birth notification system, and various other measures to improve human rights in the State. The Republic of Korea’s commitment to human rights was unwavering in the face of difficulties. The Government would continue to cooperate with the Committee to protect and promote human rights.
Tania María Abdo Rocholl, Committee Chairperson, in concluding remarks, said the dialogue had covered equality between men and women; measures to combat terrorism; the elimination of trafficking in persons; corruption; interception of private communications; prevention of suicide; freedom of expression; the rights of migrants, persons deprived of liberty, children, refugees and asylum seekers; and conscientious objection, among other topics. The Committee’s mandate was to ensure the highest standard of implementation of the Covenant in the Republic of Korea.
The delegation of Korea was made up of representatives of the Ministry of Justice; Supreme Prosecutor’s Office; Ministry of Foreign Affairs; Ministry of National Defence; Ministry of Health and Welfare; Ministry of Employment and Labour; Ministry of Gender Equality and Family; Korea Communications Commission; and the Permanent Mission of Korea to the United Nations Office at Geneva.
The Human Rights Committee’s one hundred and thirty-ninth session is being held from 9 October to 3 November 2023. All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet in public at 3 p.m. on Thursday, 26 October to hold an informal meeting with States parties to the Covenant.
Report
The Committee has before it the fifth periodic report of the Republic of Korea under the optional reporting procedure (CCPR/C/KOR/5).
Presentation of the Report
JEA HYEN SOUNG, Director General, Human Rights Bureau, Ministry of Justice of the Republic of Korea and head of the delegation, said the Republic of Korea placed democracy, the rule of law, and the promotion and protection of human rights at the core of its policies. It had made continued efforts to promote the rights under the Covenant in the given domestic and international environment and framework, but there were shortcomings that it was addressing.
The Republic of Korea established and implemented national action plans for the promotion and protection of human rights every five years. As the third plan concluded in 2022, the Government was preparing the fourth plan. During this process, it would meticulously review recommendations from the National Human Rights Commission and international human rights mechanisms. Furthermore, the Government had acceded to the Optional Protocol to the Convention on the Rights of Persons with Disabilities last December and the International Convention for the Protection of All Persons from Enforced Disappearance this January. Two bills on implementing the latter had been introduced in the National Assembly and were under active discussion.
The Government had taken decisive steps against violence targeting women by initiating and promoting the first Framework Plan to Prevent Violence against Women since 2020. In 2023, the Stalking Prevention Act was enacted to establish the reporting system on stalking, field investigation, and education for prevention. The support centre for the victims of digital sex crime was launched in 2018, offering a range of victim support services, including the removal of intimate images taken without consent. In 2020, the Government revised applicable laws to combat child sexual violence, raising the age of consent for statutory rape from 13 to 16. A birth notification system was introduced to oblige medical institutions to promptly notify authorities of birth information of all children.
The Government established in 2022 dedicated bodies for the prevention of and response to sexual violence in each branch of the military and tasked them with managing cases and supporting victims. The Government also increased the number of specialised counsellors for sexual grievances in the military. It had established the “Military Human Rights Protection Officer” and the “Military Human Rights Protection Committee”, which were comprehensive remedial mechanisms on military human rights within the National Human Rights Commission of Korea.
As of January 2023, the Government had been enforcing the Anti-Human Trafficking Act to eradicate human trafficking and implement a comprehensive and systematic response. The Act defined the scope of application of human trafficking and related crimes, while describing the obligations of central and local governments in preventing human trafficking. The Government had a comprehensive action plan for anti-human trafficking policies.
The Government ensured the right to counsel in all courses of investigations, irrespective of whether the suspect was in custody. In 2020, all substitute cells were abolished, and the detention conditions at police stations were improved. The Government had also introduced and operated a system to grant bail with the condition of wearing an electronic device to ease overcrowding in correctional facilities. Further, it had newly established a human rights officer system in March 2023 to improve the treatment of foreigners in detention and provided various forms of support for practical recovery of crime victims.
In 2020, the Government amended laws that formerly restricted assemblies near the National Assembly, courts at all levels and the Prime Minister’s Office. In 2018, the Government institutionalised human rights training courses for police officers and introduced human rights impact assessments for police activities regarding assembly and demonstrations.
In April 2021, the Government ratified the fundamental International Labour Organization Conventions 29, 87 and 98, which all took effect domestically on 20 April 2022. The Trade Union and Labour Relations Adjustment Act was amended to ratify the conventions, allowing trade unions to autonomously determine the scope of their membership. The Act prohibited discrimination based on race, and the Government ensured that foreign workers could establish and join migrant workers’ trade unions, irrespective of their status of residency.
In 2018, the Constitutional Court ruled that the provisions of the Military Service Act, which criminalised conscientious objectors, did not conform with the Constitution. Since the decision, the Government had adopted an alternative service system reconciling the duty of military service with the freedom of conscience. The Government enacted the relevant act in 2020 to implement the alternative service system, allowing conscientious objectors to serve in correctional facilities.
In the twenty-first National Assembly, four bills on comprehensive anti-discrimination prohibiting direct or indirect discrimination based on race, sexual orientation and gender identity were pending. Since May 2022, the Government had adopted redress procedures to protect victims of workplace discriminatory treatment based on gender by revising the Equal Employment Opportunity and Work-Family Balance Assistance Act. Also from 2021, it had implemented the first Framework Plan to Protect and Promote Cultural Diversity to build the foundation for fostering cultural inclusion of vulnerable groups.
The Government was committed to sharing the universal value of human rights with the international community, extending freedom and solidarity, and taking lead with best practice.
Questions by Committee Experts
A Committee Expert said the Government was preparing to enact the Human Rights Framework Act. The Act would introduce a domestic implementation mechanism for recommendations of international human rights institutions, including the Committee’s Views. When would this Act be enacted? Would the Views of the Committee continue to be disregarded by the State party? What measures did the State party intend to take to implement the recommendations of United Nations human rights treaty bodies and their decisions under individual communications procedures at the domestic level, including by providing remedies to the victims? How did the delegation respond to reports that the judiciary was generally unfamiliar with international human rights treaties and had a lack of awareness of the normativity of such treaties? When did the State party expect to approve the fourth national action plan for the promotion and protection of human rights (2023-2027)? Would civil society be involved in the process?
The 29 October 2022 Itaewon disaster, in which 159 people were killed and hundreds more were injured in a crowd crush in Itaewon, Seoul, during Halloween festivities, was a social catastrophe that seemed to have been fully foreseeable and preventable. Did the State party intend to enact the Special Act on the disaster promptly, establish an independent investigative body according to the Act, ensure participation of victims in the investigation, hold accountable those responsible, and guarantee non-recurrence? Why did the authorities fail to respond to the report of the crowd crush risk approximately four hours before the disaster? Why were proper emergency measures not taken immediately after the disaster occurred? Were police criminalising citizens' and families' acts of remembrance by using unjust force at memorial rallies, and investigating human rights activists who participated in such rallies?
During the COVID-19 pandemic, 439 persons were reportedly fined up to 15,000 United States dollars, and 126 persons were imprisoned for up to two years for violating the Disease Control and Prevention Act, as persons suspected of contracting an infectious disease. Many local governments restricted people's freedom of movement and detained large numbers of people. Rallies were reportedly prohibited or subject to a greater level of restriction than required by general social distancing measures. The State party was reported to have collected an indiscriminate amount of personal data in relation to the pandemic. Did such restrictions fulfil the strict conditions on permissible derogations provided for under article four of the Covenant and the Committee’s general comment 29?
Another Committee Expert welcomed an amendment to the National Human Rights Commission Act in 2016, which exempted the commissioners from legal liability for remarks made in performing their duties, and promoted diversity in the composition of commissioners and transparency in the appointments process. How would the Act be implemented? What steps had been taken to establish an independent committee for the nomination of candidates? What measures were in place to ensure the financial independence of the National Human Rights Commission and to provide it with sufficient resources to carry out its mandate?
There were reports alleging the continuance of human rights violations by public and private business enterprises domiciled in the Republic of Korea in the context of their operations abroad. What measures had been taken to prevent human rights violations by such business enterprises? Victims who approached labour management grievance settlement units within the State party’s embassies reportedly did not receive effective remedies. What measures were taken or envisaged with a view to strengthening victims’ access to effective remedies?
The Committee noted that no executions had taken place since 1997, however, it was concerned at reports that the death penalty continued to be imposed in the State party. At the end of 2022, there were reportedly 60 people under the sentence of death. What measures had the State party taken with a view to abolishing the death penalty? Would it consider ratifying the Committee’s second Optional Protocol?
The Committee acknowledged the State party’s commitment to tackling the challenge of high suicide rates in the country, including among the elderly, the youth and the military, such as through the adoption of the Fifth National Suicide Prevention Basic Plan (2023-2027), but was concerned at reports that suicide rates continued to rise. The State party’s approach to the issue reportedly suffered from a lack of resources. How would the State party address the lack of resources and address the root causes of suicide?
The Committee welcomed that the Ministry of National Defence had taken a number of measures, including increasing the number of counsellors, expanding military health centres, and operating suicide prevention programmes. However, the Committee was concerned by reports that military personnel were reluctant to ask for counselling due to fears that it could negatively impact their careers; 35,456 soldiers were discharged in the middle of their mandatory service due to mental illness or maladjustment from 2017 to the first half of 2023. What measures were taken to ensure that career progression for military personnel was not negatively impacted by the soldier having had recourse to counselling or other mental health support?
Another Committee Expert said the Committee commended the State’s measures to raise awareness of cultural diversity and eradicate discrimination based on all grounds. However, the country’s few ethnic minorities reportedly encountered legal and societal discrimination. Residents who were not ethnic Koreans faced extreme difficulties obtaining citizenship, which was based on parentage. Children of foreign-born people suffered from systemic exclusion from the education and medical systems.
The Committee commended the State party’s efforts addressed to help refugees from the Democratic People’s Republic of Korea to settle down by providing basic social adaptation. However, a high percentage of defectors from the Democratic People’s Republic of Korea reported facing discrimination in the Republic of Korea primarily because of their origin. What social measures had been taken to eliminate discrimination and address its social and economic effects? Did the State party intend to enact comprehensive anti-discrimination legislation? Did the State party foresee the adoption of new anti-discrimination laws, especially for lesbian, gay, bisexual, transgender and intersex persons?
Could the State party provide statistical data on the number of convictions that had been pronounced under article 92-6 of the Military Criminal Act, which penalised same-sex sexual acts in the military, in the last five years? Was the State party considering abolishing this provision? Persons needed to be over 19 years-old, diagnosed with “transsexualism”, have gone through sterilisation and sex reassignment surgery, and be non-married or divorced to be legally recognised as “transgender”. Did the State party intend to improve the procedures and requirements for legal gender recognition of sexual minorities without exclusion nor marginalisation? Did the State party plan to formulate human rights policies for sexual minorities so that diverse gender identities could be reflected in education programmes? Was it considering the adoption of legal provisions that recognised same-sex couples so that their rights were ensured on equal terms to other couples?
Despite the Government’s efforts to address the issue, human rights violations such as violent acts, ill treatment and sexual violence, as well as subsequent gun accidents, deaths and suicides, continued to occur in the military. Could the delegation provide data on such violations? Was anonymity of the reporter ensured in the systems of protection of human rights within the military?
Another Committee Expert asked about the targets of the Government’s third Public Sector Gender Representation Plan (2023-2027), a five-year plan to improve gender participation in the public sector. What measures were in place to equalise the recruitment of boys and girls into the military and police? The percentage of women professors at national universities was low. Was this caused by disparities in the student population? What measures were in place to promote more women in academia? How many women judges and prosecutors were there? What measures were in place to equalise wages between men and women in both public and private sectors? There was low representation of women in decision-making positions in the private sector. What was the State party’s strategy to increase the representation of women in decision-making positions? Did the Government plan to abolish the Ministry of Gender Equality and Family? Was there still the Gender Equality and Family Committee in the National Assembly?
Committee Experts also asked questions on measures to prevent domestic violence and trafficking in persons, train public officials to identify victims and apply all guarantees provided for them, and provide victims with reparation; measures to ensure that collection of personal information by intelligence agencies was subject to judicial approval and supervision; safeguards to ensure the independence and effectiveness of the Counter-Terrorism Human Rights Officer; measures to codify torture as an independent crime, to issue appropriate penalties for torture, and to provide victims of torture and their families with appropriate remedies; plans to ratify the Optional Protocol to the Convention against Torture and take measures to establish an effective national preventive mechanism; measures to ensure effective investigations of torture; and measures to prevent acts of torture and ill-treatment at the Protection Centre for defectors from the Democratic People’s Republic of Korea.
Responses by the Delegation
The delegation said demonstrations that posed a serious danger were dissolved. The Human Rights Framework Act was being assessed at the National Assembly. Human rights treaties had been invoked in domestic rulings. A consultative body had been established to develop the upcoming fourth national action plan for the promotion and protection of human rights. An external body had reviewed the implementation of the former plan. A public hearing on the plan had been held with civil society. The Government aimed to fully establish the fourth plan this year.
Immediately after the Itaewon incident occurred, large-scale investigations were carried out to ascertain the adequacy of responses taken. A victims’ support organization had been launched, which held regular meetings with bereaved families to provide them with information and support. A cross-ministerial taskforce had been set up to implement preventative actions to address mass crowds. Regular meetings were held to check the implementation of such measures.
During the COVID-19 pandemic, the Government had conducted epidemic studies and implemented a contact control system to control the spread of COVID-19. The Government planned to revisit the scope of its policies.
The Government had collected opinions from civil society on the appointment of Commissioners to the National Human Rights Commission. The Commission had earned “A” status from the Global Alliance of National Human Rights Institutions, which had recommended further measures to strengthen the independence of the Commission. The Government aimed to increase the Commission’s personnel and budget.
Two legislative bills had been introduced to address Republic of Korea companies performing overseas projects. Such companies needed to fulfil their corporate social responsibility, provide support to local communities, and conduct due diligence regarding their environmental impact.
The abolition of the death penalty required careful consideration. Bills on the abolition had been submitted to the National Assembly. The second Optional Protocol was directly connected to this issue, and was thus difficult to ratify immediately. The death penalty was limited to very serious offences and due process was followed in criminal proceedings.
The Republic of Korea’s military was formulating suicide prevention measures. Persons with mental health issues were discouraged from joining the military. The Government planned to expand counselling services within the military. The State was providing families of military personnel who had died with compensation and other forms of assistance.
To prevent suicide, the Government was steadily pursuing relevant policies through a dedicated policy division and suicide prevention centres. The Government was endeavouring to increase staff in these centres. It also conducted monitoring to prevent the spread of suicide-inducing information. The Government was providing a tailored support system for local governments to strengthen local efforts to tackle the issue. The Government collected statistics on the cause of suicide and published a suicide prevention white paper each year.
The Government was providing various support programmes to defectors from the Democratic People's Republic of Korea to address discrimination against this group. The discrimination of social minorities was prohibited. Four anti-discrimination bills had been submitted to the National Assembly for deliberation. There was a need to gain public agreement on the issue. The Constitution protected the rights of students to non-discrimination. The Government had implemented reformed sex education and gender equality education programmes, which promoted awareness of gender equality. Students were educated not to develop stereotypical views of minorities and to empathise with them.
The law on gender reassignment procedures provided that courts needed to decide whether to permit gender reassignments. The Government would consider revising this legislation. The Government would seek social consensus before reviewing whether to recognise same-sex unions.
An amendment bill had been prepared that would require that when a political party appointed candidates, no more than 60 per cent of candidates of a certain gender could be nominated. The Government planned to bring women’s representation in public and private leadership positions to 30 per cent by 2027. It was establishing an office to support women, single-parent families and at-risk youth. Various ministries would play a role in this office to develop gender-equal policies to support these groups. The Government was operating support centres for domestic violence victims. It planned to provide these centres with more tailored services going forward. It was also implementing various policies to address online exploitation of children and youth. The statute of limitations had been abolished for online grooming of children. Criteria had been developed for police tackling digital sex crimes.
The Government had obligated courts to take protective measures to prevent the traumatisation of child victims of sexual and gender-based violence in courts. Children and youth participated in video examinations in Sunflower Centres. Counsellors accompanied children to help them testify in a comfortable environment.
The State party was supporting the education, health and voluntary repatriation of victims of human trafficking. It was also holding workshops to raise awareness of the issue and victims’ rights, and provided legal representation to victims of human trafficking. The introduction of the crime of non-consensual sex could shift the burden of proof to the victim, and thus required careful consideration.
The Government respected the decision of the Constitutional Court regarding abortion, and was developing amendments to legislation to implement the decision. The Government was fostering an environment for safe induced abortions. A fact-finding survey on abortion had been carried out.
The Republic of Korea had introduced a system to address the wage gap in the private sector. It could apply punitive damage compensation in response to gender discrimination, including through wages. It was monitoring the wages of 20,000 companies, and had implemented a project encouraging businesses to provide equal pay for equal work and promote mothers’ return to work.
The Government conducted regular inspections of 5,000 workplaces with foreign employees per year. If employers were found to be implementing forced labour or confiscating workers’ passports, legal action was taken. No alien should provide their passport or registration certificate to a third person. Imprisonment terms and fines of 30 million won were implemented for infractions. Interpreters provided support to victims to facilitate the remedial process.
Terrorist suspects’ communications could be collected under relevant information laws. All forms of torture and acts of cruelty were prohibited and punished under State legislation. The Korean National Police Agency prohibited night-time interrogations, except when such investigations were requested by the detainee or unavoidable. Abuse of the system was not allowed.
The Government was examining conflict between the Optional Protocol to the Convention against Torture and domestic laws, specifically provisions on detention facilities. The National Human Rights Commission had the authority to investigate reports of human rights violations in detention facilities.
Follow-Up Questions by Committee Experts
Committee Experts asked follow-up questions on measures to incorporate the Committee’s recommendations in the upcoming national action plan; to provide remedies, including monetary compensation, to victims of the Itaewon incident; to ensure that unnecessary restriction of rights would not occur in future pandemics; and to allow victims of trafficking to lodge claims for compensation through criminal procedures.
Committee Experts also asked about the comprehensiveness of the four draft anti-discrimination bills; the impact of the new sexual education curriculum; the number of cases handled by the Military Human Rights Ombudsperson; the effectiveness of the 2022 reduction of the jurisdiction of military courts; oversight mechanisms for the national counter-terrorism unit; the effectiveness of the National Human Rights Commission in investigating reports of torture and ill-treatment; the suitability of punishment, which was no more than five years’ imprisonment, for acts of violence and cruelty; obstacles to making rules on business and human rights binding; the effectiveness of anonymous counselling in preventing suicide; the role of the military advisor within the National Human Rights Commission; measures to prevent suicide within the military; and procedures to ensure that individuals who had been convicted for extended periods of time had the opportunity to introduce additional evidence.
Responses by the Delegation
The delegation said retrial provisions were available to convert convicted sentences to acquittal. The Government was incorporating recommendations from international human rights bodies into the fourth human rights national action plan and would engage with civil society in developing it. Thirty-six per cent of the State’s judges were female. The budget for tackling trafficking in persons was reduced by around 40 per cent because a certain programme for addressing trafficking had not gone ahead. The Government provided foreigners with E-6 visas with education on trafficking. Foreign entertainers were subject to fact-finding inspections. The Government collected data on persons with COVID-19 only for the purposes of epidemiological studies. After using the data, it deleted it. The State followed legislation on personal information.
The four anti-discrimination bills differed in terms of remedies provided for discrimination victims. The revised education curriculum would be enforced from 2024. The Military Court Act amendment had led to the reorganisation of military courts, which led to double counting of case statistics. Communication restrictions without a warrant could be applied only to foreign nationals suspected of terrorist activity. Torture and cruel acts were subjected to imprisonment for no less than one year, and for acts leading to death, indefinite imprisonment was issued as a punishment. The Ministry of National Defence provided private counselling to military personnel. The number of counselling requests had risen significantly in 2023. The Government would engage in consultations with the National Human Rights Commission regarding the possibility of increasing their budget.
Questions by Committee Experts
A Committee Expert commended the improvement of the procedure of both voluntary and involuntary hospitalisation of patients with mental health issues, included in the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients in 2016. How did the State party ensure that examination was provided thoroughly, not just by reading or studying previous written reports? What were the safeguards for a person hospitalised by a legal guardian to submit petitions regarding discharge or improvement of treatment? What steps was the State party taking to enable judicial review of hospitalisation?
The issue of overcrowding in prisons was still present. Was the State party guided by specific regulations? Would it adopt relevant laws or regulations prescribing the size of detention rooms? What other measures were in place to prevent overcrowding? The Committee was concerned by reports of poor material conditions, and insufficient privacy of sanitary facilities, particularly for women. Women were reportedly supervised by male staff. Would the State party prevent this practice? Medical care in correctional facilities was reportedly insufficient and access to outside medical facilities was limited. There was still a high number of suicides in correctional facilities, and a certain number of suicides were reportedly provoked by coercive methods. What measures were in place to improve health care for inmates and prevent suicides? What measures was the State party taking to prevent prolonged solitary confinement and review solitary confinement legislation?
Another Committee Expert asked what steps had been taken to ensure that the review of deportation had suspensive effect before individuals were deported to third countries. Could investigative agencies and prosecutors exclude or limit the participation of defence attorneys in investigation or interrogation processes? The Committee welcomed the bill submitted by the Government to amend the Legal Aid Act and the Criminal Procedure Act, under which a court-appointed defence attorney was provided for vulnerable persons when charged with serious offences. When would the amendment come into force? Did the Government plan to expand the scope of the amendments to include vulnerable persons for offences punishable by a prison sentence of less than three years? Under what specific legal acts were defectors from the Democratic People's Republic of Korea provided with the right to counsel? Could defectors appeal deportation orders?
What measures were being taken to improve detention conditions in immigration detention facilities, ensure that these facilities were subject to regular independent monitoring, and limit the period of immigration detention? Under what conditions could children be deprived of liberty and for how long? Asylum seekers were reportedly forced to stay in the departure area of Incheon International Airport or other ports of entry for months. Did the State party intend to introduce limits on the duration of detention? Every year, dozens of children were reportedly detained with their parents. What practical measures did the State party intend to adopt to prohibit the detention of children? At airports, reportedly only one meal per day, an airline inflight meal, was served to refugee applicants, who slept on flat benches in departure waiting rooms. What measures did the State party intend to adopt to improve conditions of immigration detention facilities, including points of entry? Did the State party intend to set up a mechanism for regular independent monitoring of detention facilities?
What measures were being taken to address corruption in the judiciary and guarantee its independence, as well as the right to a fair trial and due process? What impact had the Improper Solicitation and Graft Act and other anti-corruption measures had? Judges from the Office of Court Administration used trials as a means of bargaining with the Presidential Office, the National Assembly, and the Government. What plans did the State party have to decentralise the power of judicial administration from the Chief Justice and prevent the recurrence of cases of abuse of power in the future? What specific measures were taken against judges and prosecutors who were suspected of corrupt practices?
One Committee Expert asked if the State party envisaged the decriminalisation of defamation or the suppression of the penalty of imprisonment for defamation? Did the State party plan to abolish article seven of the National Security Act, which prohibited praising, inciting or propagating the activities of anti-State organizations?
Did civil servants, public employees, teachers, dismissed workers and workers with special types of employment currently have the right to form trade unions and to collective bargaining? Had the Korean Teachers' Union and the Construction Workers' Union been legally recognised? In May 2023, the Government reportedly undertook harsh actions against the Korean Construction Workers Union, which had resulted in around 1,500 members being summoned, 20 union offices searched, and 37 members detained. How many of these workers had been convicted?
Another Committee Expert said that in June 2018, the Constitutional Court ruled that article five of the Military Service Act, which did not provide for an alternative service system, was unconstitutional. As a consequence, the Act on the Assignment to and Performance of Alternative Service for conscientious objectors was enacted on 27 December 2019. Would the State party consider shortening the service period for alternative service personnel to adjust it to the service period for personnel in active-duty service? Would the State party consider not limiting the scope of alternative service to correctional facilities, and include other alternative service areas with high levels of service difficulty and social needs?
How many political parties had been subject to dissolution in the last five years and what were the grounds for such decisions? Had their dissolution been ruled on by the Constitutional Court? What measures did the State party intend to take to ensure that public officials and teachers, as well as civilian workers, were able to enjoy the political freedom guaranteed by article 25 of the Covenant? What legislative and administrative measures did the State party intend to take to guarantee the right to vote of prisoners and persons under medical treatment custody?
Under the current Yoon Administration, the numbers of bans and restrictions on rallies had soared. Rallies and marches within 100 meters of the President's office had been banned at least 39 times, despite repeated court rules finding such bans illegal. Would the State party prevent local governments from not granting registered rallies permission to use the roads? Was the State party considering revising the Act on the Performance of Duties by Police Officers, amended in January 2020, to bring the use of police force and equipment in line with the Covenant? Would the delegation respond to allegations of excessive use of force by the police during rallies, particularly a subway rally by advocacy groups for people with disabilities in January 2023? Would the State party stop arresting and prosecuting civic groups and activists to ensure full compliance with the right to peaceful assembly?
Another Committee Expert asked questions on plans to enhance policies and legislation aimed at deterring or punishing hate speech against migrants and refugees, which had reportedly increased recently; and plans to address the issue of high numbers of unregistered births.
Responses by the Delegation
The delegation said that the involuntary hospitalisation system was revamped in 2017 to prevent unnecessary hospitalisation. A committee had been established to provide oversight of involuntary hospitalisations. The Government was working to ensure that the intentions of the person concerned were considered regarding hospitalisation.
Sufficient facilities for lighting and heating were installed in prison wards. Medical officers were placed in all prisons. Their salaries were being increased. The Government planned to introduce further measures to improve the mental health of inmates. In-person, phone and video-based counselling services were provided to inmates. Persons at high risk of suicide were provided with tailored services. Inmates in solitary confinement had access to regular exercise, books and health check-ups. The length of solitary confinement was determined by external professionals. The State was carefully considering amending legislation on solitary confinement.
The right to counsel was in principle ensured in all processes of investigation, but there were conditions where attorneys’ participation could be limited. The court was required to appoint a State attorney for defendants with financial hardship.
A bill had been submitted before the National Assembly that aimed to prevent repatriation of defectors from the Democratic People's Republic of Korea. If defectors had committed international criminal offences, the State could request an investigation. The State was not permitted to deport persons who did not have passports.
The Constitutional Court had ruled that the Government was required to regulate the length of immigration detention. The Government planned to revise immigration legislation based on this decision. In cases where children under 14 had no caregivers outside of immigration detention facilities, they were permitted to stay with their parents in specially designated facilities. The State was implementing measures such as temporary releases to prevent the detention of children under 14. A Government entity was now managing departure waiting room facilities. It had made the rooms brighter and was providing higher quality food to foreigners three times a day. Only three people had been waiting in departure waiting rooms for more than six months. The procedural rights of persons in these waiting rooms were provided. The Government would continue to protect the rights and health of these people.
Fourteen former Supreme Court judges had been indicted and trials were underway for the remaining eight involved in the corruption case raised by the Committee. The judiciary was working to improve its integrity. There were employment restrictions on retirees and restrictions on acquisition of stocks. Members were required to disclose conflicts of interest.
There were no plans to abolish article seven of the National Security Act, which was warranted for protecting national security. The Government was protecting the freedom of expression of its citizens.
Public officials’ working hours and wages were subject to collective bargaining. Workers’ right to collective bargaining was protected by the law. The Teachers' Union and the Construction Workers' Union had been recognised as trade unions, and dismissed teachers could join the Teachers’ Union. The State had ratified the International Labour Organization convention on trade unions. However, it needed to introduce legislation allowing all persons, not only workers, to join trade unions, before it could withdraw its reservation to the relevant article of the Covenant. The State would continue to consider this.
The Government was trying to fill gaps in existing legislation to ensure the protection of personal data. Relevant amendments in legislation would be made by the end of this year. Emergency communication restrictions could be implemented through courts in situations of threats to national security.
The current alternative services system protected conscientious objectors. Petitions calling for the review of the system were being reviewed by the Constitutional Court. The Government appointed independent experts to the deliberation committee for the alternative service system. It would continue to ensure the independence of this committee.
The Government could take action against political parties if their actions infringed on public order. Decisions to dissolve political parties could be implemented only as an exceptional, last resort measure that reflected the principle of proportionality.
Assemblies in front of the office of the President were permitted, except when they posed a threat to the public. Rallies on main roads were not permitted when they caused serious inconvenience to the public. The Government kept restrictions on rallies to a minimum. The police no longer used water-spraying cars or water cannons to control crowds. Education was provided to police forces to prevent excessive use of force in controlling crowds. There had been no arbitrary arrests of protestors at the demonstrations mentioned by the Committee. Individuals could file compensation claims in relation to the actions of the police.
The State provided meals and basic necessities to people under deportation orders. The Government was taking measures to provide interpretation and other services for asylum seekers. It issued departure orders without detention for persons who paid for their own flights. Foreigners in detention could challenge deportation orders in court, and were provided with information on their right to challenge deportation orders.
The Korea Communication Standards Commission cautioned broadcasting and internet companies who transmitted content containing hate speech and ordered them to take corrective action. Perpetrators of acts of hate speech that were tantamount to defamation could be criminally punished. Awareness raising campaigns were in place to inform the public about refugees’ rights and prevent the spread of negative perceptions about refugees.
The act on registration of birth of foreign children was currently before the National Assembly. The State would ensure that the recommendations of United Nations human rights bodies were incorporated in this act.
Follow-Up Questions by Committee Experts
Committee Experts asked follow-up questions on measures to distribute subsidies fairly, including to non-governmental organizations that criticised the Government; the Government order to make striking cement lorry drivers return to work; measures to combat and punish online child exploitation, and ensure family and community-based support and family reunification for children placed under protection; the State’s reasons for lowering the age of criminal responsibility; migrant workers’ right to change work; laws on universal birth registration; plans to provide alternatives to detention for children in port-of-entry detention centres; and regulation of the process of discharging persons who were hospitalised involuntarily.
Responses by the Delegation
The delegation said most of the lorry truck drivers ordered to return to work were self-employed. It was difficult to secure alternative forms of land transport, and a truck drivers’ strike would paralyse the country’s logistics system. The Government was legally able to issue orders to prevent such strikes. When collective bargaining agreements were formed, they applied to all members of the relevant trade union.
The State had a law on protection of children and youth that addressed sexual exploitation. Various institutional mechanisms were in place to protect children from sexual exploitation and online grooming. The Government monitored online spaces to detect and prevent abuse. Caregiver education and other programmes were implemented to facilitate the reunification of separated children with their families. From this year, a roadmap for promoting protected children’s transition to residential care would be implemented. Immediate separation measures were implemented when they were necessary to protect a child from abuse. Such measures required the consent of the child involved.
In 2023, an amendment bill to the Birth Registration Act was promulgated. It would be enforced from 2024. Following this Act, the State would implement a birth notification system.
Concluding Remarks
JEA HYEN SOUNG, Director General, Human Rights Bureau, Ministry of Justice of the Republic of Korea and head of the delegation, expressed deep appreciation for the comments and questions offered by Committee Experts during the review. Based on the concluding observations of the Committee, the State party had amended laws to address violence against women and implemented legislation on trafficking in persons, a birth notification system and various other measures to improve human rights in the State. The Republic of Korea’s commitment to human rights was unwavering in the face of difficulties. This dialogue was a milestone in the State’s journey toward ensuring the freedom and dignity of all. The Government would continue to cooperate with the Committee to protect and promote human rights.
TANIA MARÍA ABDO ROCHOLL, Committee Chairperson, thanked the delegation, non-governmental organizations and all who had contributed to the dialogue. The dialogue had covered implementation of the Covenant; equality between men and women; measures to combat terrorism; the elimination of trafficking in persons; corruption; interception of private communications; prevention of suicide; freedom of expression; the rights of migrants, persons deprived of liberty, children, refugees and asylum seekers; and conscientious objection, among other topics. The Committee’s mandate was to ensure the highest standard of implementation of the Covenant in the Republic of Korea.
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not an official record. English and French versions of our releases are different as they are the product of two separate coverage teams that work independently.
CCPR23.017E