National Human Rights Commission of Korea Annual Report 2020
Ex officio investigation in relation to sexual harassment by late Seoul Mayor Park
Won-soon
From August, the Commission conducted an ex officio investigation of alleged sexual
harassment by late Seoul Mayor Park Won-soon. The investigation revealed that there still
remain low public awareness and considerable gender differences in perception of sexual
harassment. It developed recommendations for the Seoul Metropolitan Government and
the Minister of Gender Equality & Family to protect the victim, correct the organization's
institutional discrimination against women, and raise awareness in the public domain that sexual
harassment is a violation of labor rights.
Opinion expressed on proposed revision to law banning abortion
With regards the government’s proposed revisions to the Criminal Act and the Mother and
Child Health Act, which still criminalize abortion despite a Constitutional Court’s ruling in April
2019 that the abortion ban is unconstitutional, the Commission on November 30 expressed
opinion that abortion should not be criminalized. In February 2019, the Commission had
submitted similar opinion to the Constitutional Court when a constitutional appeal on abortion
ban was being reviewed.
Recommendation of emergency relief for a transgender soldier referred to
Discharge Deliberation Committee
In response to a petition that a transgender soldier had filed on January 20 to have a Discharge
Deliberation Committee meeting postponed, the Commission decided to recommend emergency
relief based on Article 48 (1) of the NHRCK Act.
The Commission concluded that there are no legislation or precedents regarding gender
transitioning while in active military service; referring the non-commissioned officer to the
Discharge Deliberation Committee for the reason that a sex reassignment surgery can lead
to physical disability could potentially be a discriminatory act; referral to the Discharge
Deliberation Committee could ultimately undermine the basic rights of the victim; and a
decision to discharge the soldier by the Discharge Deliberation Committee could potentially
result in irreversible damage.
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