self-determination, and that criminally punishing sexual intercourse between persons of the
same sex, while not criminally punishing sexual intercourse between persons of different
sexes, may violate homosexuals' right to equality. In addition, according to the clause,
homosexual acts during the period of leave or outside the military quarters are also subject
to regulatory action. It is the opinion of the Commission that it thus not only has the
potential to infringe upon the right of privacy, but is also difficult to consider it an
appropriate means to achieve legislative purposes. The Commission also submitted its
opinion that the clause is unclear about the responsibility for and elements of the act, and
thus has potential to violate the principle of legality.
3. Major Policy Projects
1) Business and Human Rights Project
Since 2006, the Commission had paid constant attention to the issue of business and
human rights, translating and introducing related documentation every year and organizing
international conferences and open discussion sessions on the theme.
With the year 2009 as a turning point, interest in the theme has rapidly grown at home
and abroad, and multi-faceted discussions on the roles of national human rights institutions
have been under way. In order to respond proactively to this reality, the Commission raised
the status of a workshop, which it had originally planned, to a forum, and jointly with the
Korea Human Rights Foundation and the UN Global Compact Network Korea, formed the
2010 Business and Human Rights Forum consisting of 31 members and held forums on six
occasions from June through November. It had been considered virtually impossible to
operate regular forums, as opposed to one-time seminars or meetings, attended by
businesses, civic groups and experts, yet the Commission confirmed the possibility by
successfully operating the forum. The International Conference of National Human Rights
Institutions (NHRIs) is the largest international conference attended by NHRIs from around
the globe and is organized by the ICC. The 10th International Conference of National
Chapter 1. Improvement of Laws, Regulations, Policies and Practices
53