A/HRC/8/40
Page 9
28.
With regard to questions on the gender perspective in the UPR process, the delegation
stressed the active and full participation of the Ministry of Gender and Equality in the preparation
and follow-up process to the UPR. It referred to two amendments to the Special Act on Punishment
of Domestic Violence in 2002 and the Act on the Prevention of Domestic Violence and Protection
of Victims in 2004 that expand the role of prosecutors, authorizing them to issue temporary
detention orders against perpetrators, and provides medical assistance to victims to the extent that
the Government recovers medical fees in case the perpetrator lacks financial means.
29.
On the question of freedom of association and peaceful assembly, the Republic of Korea
reassured that relevant law is applied in the most prudent manner.
30.
On the definition of torture the delegation recognized that there were no laws defining
torture but there were several laws including the Penal Act that ban torture. The Republic of Korea
stressed that improvements had been achieved on detention conditions. The NHRCK and the
Human Rights Violation Reporter Center take action on these matters and the Government provides
training to its own officials. The delegation stressed that suicide rates in detention centres are not
higher than in the society as a whole and that efforts are made to further reduce death rates in
correctional facilities, and noted that no death case of ill- treatment in correctional facilities had
been reported since 2000.
31.
With regard to anti-discrimination grounds, the delegation stressed that according to article
11 of the Constitution, there shall be no discrimination in political, economic, social or cultural life
on account of sex, religion or social status. However, “sex, religion or social status” are just
enumerative ones. Thus, discriminations based on other grounds stipulated in international human
rights instruments are also prohibited under the Constitution.
32.
The Republic of Korea did not view trafficking of foreign women as a large scale problem
but the Government was nevertheless making every effort to prevent female migrants’ workers
from being employed in sex industries or being trafficked. A certain type of sexual crime is
subjected to investigation only upon complaint from the victim. But there are many circumstances,
including cases of child victims under 13, where investigations are undertaken automatically.
33.
Concerning the protection of non-regular workers a new law was promulgated on 1 July
2007. This law stipulates that an employer may hire fixed-term employees for a period not
exceeding two years; fixed-term, part-time or dispatched workers are granted compensation and
repair damages in case of undue discrimination, and an overall plan has also been put in place to
strengthen their skills. Concerning the protection of foreign workers, there are the Act on Foreign
Workers’ Employment to combat discrimination against foreign workers. In cases of non-payment
of wages and retirement pay or other irregularities such as lack of security at the workplace, foreign
workers are protected the same way as national workers. The Republic of Korea has built specific
support centres for foreigners and provides them interpretation in seven languages, and trains
foreign workers in terms of Korean language, habits and culture.
34.
On improvements on equal opportunities, in order to promote women’s integration in the
labour market, a number of efforts have been undertaken, including by providing subsidies for
childbirth and childcare to improve work life balance. Training for reintegration is provided for
women who have left the labour market. The principle of equal pay for equal value applies.
35.
To prevent sexual harassment at the workplace, trainings are mandatory and sanctions are
applied in cases of non-compliance.
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