A/HRC/8/40
Page 3
Introduction
1.
The Working Group on the Universal Periodic Review (UPR), established in accordance
with Human Rights Council resolution 5/1 of 18 June 2007, held its second session from 5 to 19
May 2008. The review of the Republic of Korea was held at the 6th meeting on 7 May 2008. The
delegation of the Republic of Korea was headed by H.E. Mr. Kim Sung-hwan, Vice-Minister of
Foreign Affairs and Trade of the Republic of Korea. For the composition of the delegation,
composed of 26 members, see annex below. At its 10th meeting held on 9 May 2008, the Working
Group adopted the present report on the Republic of Korea.
2.
On 28 February 2008, the Human Rights Council selected the following group of
rapporteurs (troika) to facilitate the review of the Republic of Korea: Peru, Egypt and Jordan.
3.
In accordance with paragraph 15 of the annex to resolution 5/1, the following documents
were issued for the review of the Republic of Korea:
(a)
A national report submitted in accordance with paragraph 15 (a)
(A/HRC/WG.6/2/KOR/1);
(b)
A compilation prepared by the Office of the High Commissioner for Human Rights
(OHCHR), in accordance with paragraph 15 (b) (A/HRC/WG.6/2/KOR/2);
(c)
A summary prepared by OHCHR, in accordance with paragraph 15 (c)
(A/HRC/WG.6/2/KOR/3).
4.
A list of questions prepared in advance by Denmark, Latvia, the Netherlands, Sweden and
the United Kingdom of Great Britain and Northern Ireland was transmitted to the Republic of
Korea through the troika. These questions are available on the extranet of the UPR.
I. SUMMARY OF THE PROCEEDINGS OF THE REVIEW PROCESS
A. Presentation by the State under review
5.
At the 6th meeting, on 7 May 2008, H. E. Kim Sung-hwan, Vice-Minister of Foreign Affairs
and Trade introduced the national report, reaffirming his country’s strong commitment to
promoting and protecting human rights at home and abroad. The Republic of Korea is sincerely
fulfilling its voluntary pledges and commitments and underlined its policy to fully cooperate with
the United Nations mechanisms and to play a constructive role. It achieved democracy, with the
rule of law, pluralism and good governance achieved in a relatively short period of time, following
almost 40 years of authoritarian rule. The Republic of Korea believes that its experience and lessons
learned on the road to democracy and development deserve to be shared with other Member States.
The delegation made reference to the legal framework, in particular the Constitution, noting that it
enumerates the promotion and protection of a wide range of fundamental freedoms and human
rights. Even though the Republic of Korea does not have a human rights act, a range of laws aim to
realize and implement the spirit and substance of the Constitution. The Republic of Korea is a party
to six core international human rights treaties and is currently undertaking domestic procedures for
the ratification of the Convention on the Rights of Persons with Disabilities. When considering
ratifying international human rights treaties, the Republic of Korea first conducts a review to
consider whether domestic laws and practices comply with treaty obligations, which requires in
some cases a somewhat longer period of review. The Republic of Korea also referred to the
establishment, mandate, functions and role of the Human Rights Bureau in the Ministry of Justice
in 2006, the National Human Rights Policy Council, the National Human Rights Commission of
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