4) Opinion on the Proposed Partial Amendment to the Criminal Code (legislation notified on
October 25, 2010)
The Commission expressed its opinion on the proposed partial amendment to the
Criminal Code to the Chairman of the National Assembly and the Minister of Justice to : i)
revise the bill to reflect sentence of imprisonment imposed by foreign jurisdiction when
deemed necessary, i.e. add or deduct the duration of imprisonment sentenced or served to
the term sentenced by Korean court; ii) specify examples of ‘mental disability’ as the term
can be construed as a mental and physical disorder which constitutes a reason for
incompetence thus revise the term to ‘mental disabilities, etc’ to be more inclusive; iii)
consider abolishing capital punishment and detention which is a very short-term sentence
and entails a number of negative consequences; iv) lower the limits on penal servitude and
aggravated penalty since current level deemed as excessive punishment and may lead to an
absolute indeterminate sentencing; v) allow certain inmates to exercise their rights to vote
considering types and severity of offences; vi) revise the monetary penalty so that the
amount can be decided depending on value of total asset owned by each offender; vii)
replace detention in labor houses by community service order or others; and viii) consider
abolishing the provision on protective custody that may be construed as excessive
punishment. (February 10, 2011)
5) Opinion on the Special Rapporteur on the Promotion and Protection of the Right to
Freedom of Opinion and Expression
The Commission submitted its opinion to the Minister of Foreign Affairs and Trade that
certain contents pertaining to the Commission were found to be inconsistent and should be
revised or deleted. (February 17, 2011)
6) Opinion on the Proposed Partial Amendment on Enforcement Decree of the Elementary
and Secondary Education Act
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Part II. Major Activities of the Commission