Commission's Major Activities
National Human Rights Commission of Korea Annual Report 2016
went on to say, “I have asked you to invite a discipline instructor when opening a new group
chatroom of three or more people,” and “you can be punished for violation of instructions if you
do not comply with this rule.” The Commission determined that this requirement exceeded its
purpose to encourage cadets not to engage in defamatory remarks against others through group
chatrooms, and to use SNS for sound and positive purposes, such as meetings, information
sharing, and conversations, and was an infringement of the cadets’freedom of personal life
guaranteed under Article 17 of the Constitution.
C. Detention facilities and protective facilities (excluding facilities for persons with
disabilities and mental health care institutions)
● Non-delivery of official postal mail to foreigners in foreigner shelter
On 12 April, the Commission recommended that the director of a foreigner shelter improve
the method of delivery of postal mail to ensure it reached the addressee. The shelter's failure
to properly manage postal mail delivery, including verification as to whether or not the mail
was delivered to the recipient in the shelter, is a violation of the freedom of communication
guaranteed under Article 18 of the Constitution.
A Supreme Court notice addressed to a foreigner at the shelter was delivered to the shelter on
26 October 2015 (received by shelter staff XXX). Though the shelter maintained a registered
mail ledger indicating date received, sender, receiver, subject, person in charge, and person
verifying, there was no allocated space for the addressee’s signature that could show whether the
person to whom the Supreme Court notice was addressed had actually received the mail.
The Commission made the above recommendation based on the fact that it is the obligation
of the shelter to protect foreigners who are in the facility, that it must actively guarantee the
users a line of communication with the outside world to ensure minimum separation between
life at the shelter and life outside. After all, the shelter is meant to protect foreigners awaiting
deportation or expatriation under the Immigration Control Act and is not a correctional facility.
Also considered was the importance of ensuring that all legal documents and those related with
relief procedures reach the hands of those to whom they are addressed.
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