A. Introduction
1. The National Human Rights Commission of Korea (NHRCK) submits this
statement to the Committee on the Rights of the Child, before the Consolidated 3rd and
4th Periodic Report on implementation of the Convention on the Rights of the Child
(hereinafter referred to as "CRC") by the Korean Government is deliberated. The
NHRCK, as an independent national human rights institution, having monitored the
national implementation of the CRC in this country, intends to provide information
which the Committee on the Rights of the Child may refer to in deliberating the
Periodic Report.
2. This Statement, in reviewing the Periodic Report, has consulted international
human rights treaties, including the International Covenant on Economic, Social and
Cultural Rights and the International Covenant on Civil and Political Rights as well as
the recommendations and general comments of relevant treaty organizations. This
Statement, by reference to the General Guidelines regarding the Form and Content of
Periodic Reports (CRC/C58/Rev.2), presents pending issues related to children's rights
under the eight theme clusters and the Protocols, and describes the current situation in
implementation and recommendations to the Korean Government.
B. Implementation of the Convention on the Rights of the Child
I. General Measures of Implementation of CRC
(Articles 4, 42 and 44 (6))
1. Reservations (CRC/C/KOR/3-4, para.14~23; CRC/C/KOR/Q/3-4, para. 34,
40~41 and 42-1~42-3)1
3. The Government withdrew the reservation to Article 9, paragraph 3 of the
CRC (on the right of the child to maintain personal relations and direct contact with
both parents) in October 2008. It is also welcomed that the Government considers
revising the Civil Code to introduce an adoption permit system and plans to review for
ratification of the Hague Convention on Intercountry Adoption. Given that the 'Special
Act concerning Promotion of Adoption and its Procedures' was revised to include the
provision on the adoption permit system in June 2011, the Government may withdraw
its reservation to Article 21 (a). However, the reservation to Article 40-2-(b)-(v) remains
effective under the Constitution and the Military Court Act, and further efforts,
including a thorough review of the relevant national legislation, are required to
withdraw this reservation.
4. The process of ratifying the Hague Convention on Intercountry
Adoption could be undertaken, including revision of the relevant provisions in the
Civil Code, that are necessary to withdraw the reservation to the adoption permit
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The figures in parentheses refer to the relevant paragraphs of the 3 rd and 4th Periodic Reports by the
Government of the Republic of Korea (CRC/C/KOR/3-4) and the List of issues concerning additional and
updated information related to the consideration of the third and fourth report of the Republic of Korea
(CRC/C/KOR/Q3-4).
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