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the Government had repealed mandatory HIV/AIDS testing of foreign English teachers in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.
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