A/HRC/8/40 Page 4 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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