National Human Rights Commission of Korea Annual Report 2019
commander to require the petitionee to take human rights training, and the Chief of Staff of the
Army to share the case with subordinate units to prevent such incidents from happening again in
the future.
An investigation found that the petitionee had disclosed the name of the petitioner and his
petition at a meeting with a hundred or so participants, and made comments to the effect that
anyone who got into contact with the petitioner would be subject to an interrogation, and that it
would do more harm than good to file a petition with the Commission.
no person shall be subject to unfavorable treatment or other disadvantages because of his/her
provides for a soldier to report to the relevant investigative institution any acts of human rights
infringements committed in barrack life. In consideration of these guarantees, the inappropriate
comments and actions by the petitionee ran contrary to his obligation as a commander to guarantee
the rights of his service personnel, and thus constituted a violation of the obligation to protect
whistleblowers, as well as the petitioners' privacy guaranteed under Article 17 of the Constitution.
The Army Command accepted the human rights training recommendations by the Commission.
C. Detention Facilities
Unfair prisoner housing decisions
On June 19, the Commission recommended the Minister of Justice to disclose to prisoners at
least their qualitative indicator scores, if not the total score, of the security level evaluation (housing
decisions), should prisoners ask to check the scores.
An investigation found that housing decisions are made using an objective process. However,
prisoners are only given the decision outcome, but not the individual indicator scores nor the
total score. The Commission concluded that this is limiting prisoners’ right to know, and even
recognizing the discretionary nature of qualitative evaluations, prisoners’ right to know should be
limited to the minimum necessary when determining what scores to disclose.
The Ministry of Justice accepted the recommendation and replied that a list of disclosable items
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Key Activities
petition, as well as Article 43 and 45 of the Framework Act on Military Status and Service, which
Part 2
In this regard, the Commission highlighted Article 55 of the NHRCK Act, which states that