Opinions on the first National Report of
Korea on the Convention on the Rights of
Persons with Disabilities
1.
Introduction
1.1
National Human Rights Commission of Korea
① The National Human Rights Commission of Korea (hereinafter referred to
as the “Commission”) was established as an independent organization to
protect and promote human rights under the National Human Rights
Commission Act on November 25, 2001.
② The Commission plays the role of a monitoring organization which promotes,
protects and monitors the implementation of the Convention on the Rights of
Persons with Disabilities (hereinafter referred to as the “Convention”) by
conducting investigations on complaints of discrimination on the basis of
disability submitted by individuals and groups and providing access to
remedies, and conducting investigations on complaints related to welfare
facilities for persons with disabilities and psychiatric clinics, making
recommendations and expressing opinions to improve laws, systems,
policies and practices related to discrimination against disability, and
conducting ex-officio and onsite investigations on discrimination against
persons with disabilities.
③ The Industrial Accidents Compensation and Insurance Act stipulates that a
worker with a disability, for instance, whose artificial leg was damaged while
working on duty shall not be eligible for medical care benefit since an
artificial leg is not a biological part of a human body. Recently, the
Commission submitted an opinion to the Supreme Court that such a
provision of the Industrial Accidents Compensation and Insurance Act
constitutes discrimination against persons with disabilities, and the
Supreme Court accordingly made a ruling in July 2014 that an artificial leg
shall be recognized as part of a human body.
NATIONAL HUMAN RIGHTS COMMISSION OF KOREA
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