National Human Rights Commission of Korea Annual Report 2017
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so that disabled persons with refugee status in Korea become entitled to the same level of
social security guarantees as Korean citizens in accordance with Article 31 of the Refugee Act.
This is based on an assessment that the Act on Welfare of Persons with Disabilities and the
relevant guidelines are not aligned with the provision on guaranteed services for refugees in the
Convention relating to the Status of Refugees and other international human rights instruments,
as well as the Refugee Act, denying refugees with disabilities access to services such as activity
support allowance for the disabled.
International human rights instruments such as the Convention relating to the Status of
Refugees and the Convention on the Rights of Persons with Disabilities provide that refugees
be guaranteed equal social security services as nationals and that appropriate actions be taken
integrated into the local community. Also, Article 31 and Article 38 of the Refugee Act underline
Part 2
to ensure persons with disabilities can access activity support and other services and be fully
guarantee of refugee rights by entitling them to the same level of social security guarantees as
Thus, the Commission determined that there is a need to align the related statutes and
guidelines with international human rights conventions and domestic laws.
B. Recommendation for changes to the line-of-duty death criteria
On 13 April, the Commission recommended the Minister of Personnel Management to change
the relevant statutes and institutional arrangements to recognize line-of-duty death for two shortterm instructors who were killed in the Sewol Ferry incident, and a non-public official who
died while performing official duty. It also expressed an opinion to the Speaker of the National
Assembly that it would be appropriate for the National Assembly to take early necessary
legislative actions, such as amending the Special Act on the Sewol Ferry Disaster.
The Commission concluded that, contrary to cases involving public officials, treating the
death of a non-public official who died while performing the same official duty as a public
official as “death resulting from a disaster while on duty” by applying the Industrial Accident
Compensation Insurance Act may constitute a discrimination without a rational basis.
In the Commission’s view, determination of line-of-duty deaths should be based on whether
Commission's
Major Activities
Korean nationals and excluding the principle of reciprocity.