of repression equipment in light of the NHRCK’s recommendation on freedom of assembly
and demonstration.
6. There are a wide variety of human rights education courses provided for the Prosecutor’s
office, the police, correctional institutions and the immigration office. However, the quality of
these courses needs to be enhanced. Courses should focus on the standards of human rights
and their implementation and introduce more effective methods to promote participation,
sensitivity and interaction between participants. In this regard, enactment of an Act on Human
Rights Education and establishment of a Human Rights Education Center is necessary.
7. In May 2010, the NHRCK initiated an ex officio investigation of torture by the police
during interrogations and notified the Prosecutor’s office of the results. Also, the NHRCK
established a Reporting Center for Torture Injury. Complaints submitted to the NHRCK
include allegations that law enforcement officials forced suspects to undergo overnight
interrogation without sleep, or made them wait an excessive amount of time before
questioning. Therefore, the Government should formulate torture prevention measures.
8. A legislative amendment was passed in December 2011 in order to prevent the abusive
usage of resident registration numbers online, as some cases regarding misuse of the hacked
resident registration number turned out to be problematic. However, the worrisome problem
of invasion of privacy due to the resident registration number system still remains since the
Government is planning to modify relevant provisions to introduce an electronic resident card
which includes fingerprints and the resident registration number. The Government should
abolish or improve the resident registration number system as recommended by the NHRCK.
Furthermore, there is a need to change information-sharing systems between administrative
bodies in order to prevent excessive collection, misuse, or abusive use of personal data.
9. The Government has laid a legal foundation for the protection of the rights of domestic
violence victims by revising the relevant laws to establish regulations on on-site investigation
of domestic violence and on education about the prevention of domestic violence. However,
domestic violence or sexual assaults still tend to be considered to be a personal affair and are
not openly discussed. Therefore, it is necessary to take measures to increase the reporting rate
of those cases and to hire more female investigators. Regarding the issue of spousal rape,
there were cases where this type of rape was recognized by inferior courts, but there is an
emerging demand to legislatively clarify the criminal nature of spousal rape. In addition,
while sexual crimes against children or juveniles are no longer considered offenses subject to
complaint due to legislative reform, some sexual assaults against adult women such as rape
without injury and harassment still remain offenses subject to complaint. This invites
criticism that the regulation makes it hard to punish sexual offenders. The Government should
consider repealing categorization of offenses subject to complaint while devising an
innovative way to reflect the will of victims into the punishment process.
10. In 2011, the Government suggested alternative punishments while reforming an article to
institutionalize the prohibition of corporal punishment against children. The NHRCK
expressed its opinion in March 2011 that proposing alternatives is not desirable, in particular,
in school regulations because non-physical penalty can still be detrimental to children’s wellbeing. In addition, there exists the need to prepare solutions to child mistreatment involving
neglect or psychological abuse. Furthermore, measures should be taken to improve the child
abuse reporting rate, such as developing programs for the victim and offender, and
guaranteeing the protection of the person bound in duty to notify the authorities against
potential retaliation.
2