A/HRC/8/40
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Korea (NHRCK) and the Anti-Corruption and Civil Rights Commission (ACRC). It highlighted the
National Action Plan (NAP) 2007-2011 for the Promotion and Protection of Human Rights, noting
that the observations and recommendations by the United Nations treaty monitoring bodies were set
as standards in the NAP. All stakeholders, including the NHRCK, civil society and the press can
also submit their opinions on the ongoing NAP. The delegation noted that the recommendations and
views of the NHRCK are taken into earnest account in the policy-making process.
6.
The delegation also referred to specific human rights issues, including the right to liberty
and security of persons, non-discrimination, women’s rights and a multi-cultural society and
indicated that it appreciates the concluding observations and recommendations of treaty bodies and
continues to incorporate their opinions into the domestic legal system by amending relevant laws
such as the Penal Procedure Code and the Criminal Administration Act. Other procedural measures
are oriented towards the protection of the fundamental rights of detainees and crime suspects. On
the issue of non-discrimination, the delegation noted that the Constitution clearly states that nobody
shall be subject to discrimination. The Government is well aware of the importance of preventing
ungrounded discrimination, whether direct or indirect. Reference was made to recent legislative
developments, such as the draft Anti-Discrimination Act submitted to the National Assembly for
deliberation. Regarding women’s rights, the delegation indicated that the advancement of women’s
status and improvement of their rights remain a priority, referring to the creation of the Ministry of
Gender Equality in 2001 and the integration of a gender perspective into all Government policies.
The Republic of Korea has taken various measures, including strengthened legal measures to
address the problem of violence against women. The delegation noted that many people of foreign
origin are living in the Republic of Korea and that the Government has made efforts to build a
society where their rights are fully respected. Reference was made to new legislation, such as the
Basic Act on Treatment of Foreigners Residing in Korea, the Employment Permit System (EPS)
introduced in 2004, as well as to the responsibilities of the Inter-Ministerial Committee on Policies
Regarding Foreigners.
7.
In responding to advance questions, the delegation indicated that the abolition of the death
penalty should be considered in terms of its criminal justice function, social circumstances, and
public opinion in a comprehensive way. It requires a national consensus building process along
with further in-depth researches. On the issue of the rights of migrant workers, the delegation noted
that, as is the case in many countries, foreigners who are not legally permitted to stay in the
Republic of Korea should be sent back to their home country. However, they can seek remedies
through the Ministry of Labour or civil law suits in case of delayed payment or compensation and
are permitted to stay until all related procedures for remedies are taken. The delegation also
reiterated their standing invitation to all special procedures, extended in March 2008 during the
high-level segment of the seventh session of the Human Rights Council. Regarding consultations
held with civil society during the process of preparing the national report, the delegation indicated
that the Government sought to gather views of members of the National Assembly, professors,
experts from international organizations and NGOs. A Consultation Meeting with NGOs was held
on 18 March 2008. The delegation also indicated that the status of the NHRCK as an independent
body from the Government remains intact under the present administration. The NHRCK was
established in 2001 and has been accredited with “A” status by the International Coordinating
Committee. Regarding the role of the Republic of Korea in sharing its experience of
democratization and establishing a human rights framework, the delegation noted that it is actively
participating in international initiatives to spread democracy, based on their conviction that
democracy provides more favourable conditions for human rights. The delegation highlighted in
particular the Community of Democracies, the Partnership for Democratic Governance, as well as
the Alliance of Civilizations initiative. The Republic of Korea is endeavouring to expand its
financial contribution to specialized funds for technical assistance in the field of human rights.
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