National Human Rights Commission of Korea Annual Report 2020
facilities, and lack of indoor work-out facilities. The Commission had planned to conduct on-site
inspections to speak with patients, but the plan got canceled as it became difficult to visit mental
health hospitals and have face-to-face interviews amid the spread of the pandemic. Instead of
on-site visits, the Commission conducted paper-based inspections using facility and patient
data, facility checklists, and staff questionnaires. Based on the findings and in consultation with
the relevant organizations and experts, it plans to discuss legislative, policy, and institutional
improvements necessary to address some of the issues facing our mental health welfare system,
which has emerged as a more pressing issue in the continuing pandemic situation, and to
efficiently respond to infectious diseases and disasters, and make recommendations to the
relevant ministries.
3. Key Petitions
A. Prosecution, Police, and Courts
■ Human rights violation by prosecution due to unjustified departure ban
On June 22, the Commission recommended the Minister of Justice to ensure more robust
screening of departure ban requests and notification measures. It concluded that the prosecution’s
request to ban a petitioner from departing the country without submitting justification for the ban,
requesting that the petitioner not be notified of the ban, and the petitioner unknowingly ending
up being on the no-departure list for an extended period of time, constitutes a violation of the
petitioner’s right to travel. It also recommended the Public Prosecutor General to ensure more
oversight so that abuse of departure ban requests and no-disclosure requests can be prevented,
and the director of the district prosecutor’s office in question to issue a disciplinary warning to the
petitionees and properly train the staff.
The petitioner is a police officer who had faithfully complied with the prosecution’s
investigation regarding a case of violation of the Public Official Election Act. The petitionees
who were in charge of the case had asked the Ministry of Justice to issue a departure ban on the
petitioner and even asked that the latter not be notified of the flight ban. Not knowing that he was
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