A/HRC/37/11 from the international human rights bodies and for consultation with civil society in that process. 120. Capital punishment had been de facto abolished in the Republic of Korea since 1997. The abolishment of the death penalty, however, would require the consideration of many factors, including public opinion and the specificities of the criminal system. The ratification of the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty would depend on whether or not the Government decided to abolish the death penalty. 121. The application of the National Security Act, which aimed to protect security and democratic order, had been limited and special measures had been put in place to avoid the abuse of the Act. The National Assembly had discussed a bill to repeal article 92-6 of the Military Criminal Code. Revision of the Assembly and Demonstration Act would be pursued to provide clearly defined criteria for restrictions on demonstrations, to expand the scope of assemblies that would not be subject to prior notification and to establish an online notification system. 122. The delegation reported on existing guarantees for gender equality in employment and for punishing sexual harassment. The Government had revised the Mental Health and Welfare Act to effectively protect the human rights of persons with mental health problems, including by introducing stricter requirements and procedures for involuntary hospitalization. 123. The delegation reiterated the measures taken to protect the rights of migrant workers. The employment permit system would be further revised. The Refugee Act had remedied insufficiencies regarding refuge applications and refugee recognition procedure. It had ensured social benefits, access to the labour market, housing and medical support and education for asylum seekers. Several measures, including education, had been implemented to address racial discrimination and xenophobia against foreigners. In 2017, the Government had repealed mandatory HIV/AIDS testing of foreign English teachers in Korea. 124. The delegation reported on legal provisions that criminalized marital rape and on measures taken to advance the enjoyment of the rights to freedom of expression, including on the Internet. The delegation reported on the steps taken to combat trafficking in migrant women, to protect the rights of persons in non-regular employment and to reduce poverty and increase the minimum standard of living. 125. The delegation reported on measures adopted to prevent child abuse and violence, including the early identification of child abuse, the provision of support to child victims and legal provisions providing for the severe punishment of perpetrators of child abuse and violence. Public awareness campaigns and parent education had been organized to prevent child abuse. The Government had also made special efforts to prevent sexual violence and domestic violence, to increase the punishment of perpetrators and to strengthen support for victims. Specialized police officers had been assigned to deal with domestic violence cases in every police centre. 126. In response to the statement made regarding 12 women who had defected from the Democratic People’s Republic of Korea, the delegation stated that the women had defected to the Republic of Korea of their own free will. The Government had provided them with humanitarian protection and settlement support, as it had for the 30,000 other defectors from the Democratic People’s Republic of Korea living in the country. 127. The Government considered that the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families was inconsistent with relevant national laws. At the same time, the Government had taken measures to ensure that migrant workers were protected against discrimination and exclusion. The Government had continued to conduct comparative research on international and domestic laws in order to identify necessary amendments to domestic legislation prior to the ratification of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Convention for the Protection of All Persons from Enforced Disappearance and the ILO fundamental conventions. 10

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