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Chapter 4
Evaluation and Challenges
Part I
The year 2016 marked the second year of the 4th NHRCK Action Plan for the Promotion and
2017. The Committee strove to achieve the four Strategic Objectives and the 20 Achievement
Objectives of the 4th Action Plan.
First, based on the results of a preliminary study conducted in 2015, it presented
recommendations of the 3rd NAP and the NAP on Business and Human Rights as blueprint for
the nation’s human rights policies for the next five years. It also established the Children's Rights
Committee to professionally and proactively address aggravating children's rights infringements
and implement the recommendations of the Committee on the Rights of the Child.
Regarding the forced hospitalization provision in Article 24 of the Mental Health Act, the
Commission gave testimonies about the unconstitutional nature of the law at an open hearing
of the Constitutional Court. A significant part of its opinion was reflected in the Court’s ruling,
which found the relevant provision to be incompatible with the Constitution.
The Commission’s policy recommendations in 2016, which were based on survey results,
totaled 43, which represents more than a three times increase over the previous year. Of this, 18
recommendations resulted in actual conciliations, which is over a four times increase over the
average of five conciliations in the previous five years. The Commission also tried to respond
to new human rights cases in a timely fashion. For example, it urged a prompt investigation of
the death of, a farmer activist, Baek Nam-gi as well as measures to prevent a similar recurrence
in the future, and recommended that the freedom of assembly be guaranteed in response to an
announced ban of all assemblies in front of the presidential office. It urged prompt investigations
of high-profile cases such as the death at a penitentiary in Busan, atrocities that took place in a
housing facility for persons with disabilities, the cattle shed slavery case, and industrial accidents
and deaths of in-house subcontract workers.
At the 11th ASEM Summit, the Commission was recognized for its activities to promote the
human rights of older persons. As a result, the Commission gained approval to open the ASEM
Global Ageing Center by 2018 and continue its activities to promote human rights of older persons.
19
Introduction
Protection of Human Rights, which is the mid-term plan of the Commission for the period 2015-