Commission's Major Activities National Human Rights Commission of Korea Annual Report 2016 complainant filed a grievance stating that such an act infringed upon the right to know of the residents and the freedom of expression, and furthermore, it might constitute trespassing in a residential building as well as theft crimes. The Commission determined that the act of removing the printouts that the XX local residents’alliance produced for distribution to the local residents without the permission of the alliance or the residents could violate the complainant’s right to freedom of expression guaranteed under Article 21 of the Constitution. Thus, on 7 November, the Commission recommended that the chief of the XX District Office, which supervises the XX-dong Community Service Center, see that the defendant and the public officers working at the center take in-service human rights training sessions to prevent a recurrence of similar incidents. F. Schools ● Forced urine tests to control smoking at school The complainant at XX High School was called into the teachers’room on suspicion of smoking, where he was asked to urinate for a urinalysis in the presence of the teacher in charge of discipline. In his complaint, he claimed that the teachers were treating a high school student like a criminal. While recognizing that, despite the intent of the Elementary and Secondary Education Act and its enforcement decree, as well as the regulations of XX High School to control smoking and to discourage the use of tobacco at school for the purposes of education and order, and that there might be realistic difficulties in enforcing this, the Commissions determined that the regulations of the school only pertained to inspection of student belongings to prevent them from smuggling cigarettes into the school, and could not be interpreted as a basis for conducting a urinalysis to detect smoking. Even if the urine test was not forced and the student gave his consent, it is difficult to presume that the consent was given on a voluntary basis considering the position of a teacher versus that of a student. Also, having the student urinate in a paper cup in the presence of a teacher is excessive even if it is intended to maintain order in the school. Thus, on 24 February, the Commission recommended that the principal of the school stop urine tests as a means for detecting smoking and to introduce a more human rights-friendly method. 58

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