other even in their sleep.
11. Recommendation: Take measures to reduce overcrowding in correctional facilities which is
inhumane and degrading treatment.
12. The State/Local Public Officials Act, the Political Parties Act, and the Public Official
Election Act prohibit public officials and teachers from engaging in political activities, including
political expression, political party membership, and campaigning for election, on the basis that
such activities might undermine political neutrality.6
13. Recommendation: Revise the Acts above and relevant laws, not to excessively restrict the
political freedom of public officials and teachers.
Privacy and Information Rights
14. Under Article 83(3) of the Telecommunications Business Act, courts and investigative
agencies may request telecommunications business operators to provide communications data
without a warrant, for the purpose of conducting trial or investigation. However, the scope and
extent of request are too broad, and a proper system to control pre-and-post procedures does not
exist. Procedures to notify users of the use of their personal information are not in place.7
15. Recommendation: Introduce control systems and procedures that prevent investigative
agencies from arbitrarily using the information obtained from telecommunications business
operators under Article 83(3) of the Telecommunications Business Act.
16. With the development of big data-based artificial intelligence (AI), human rights concerns are
escalating, such as invasion of privacy and personal information, surveillance using AI-based
technologies, and bias and discrimination resulted from decisions made by AI systems.8
17. Recommendation: Take measures to prevent big data-based AI systems from causing human
rights violation and discrimination.
International Human Rights Treaties
18. Korea has not acceded to the Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families; the Convention for the Protection of All Persons from
Enforced Disappearance; and five Optional Protocols including those on the abolition of death
penalty and the individual complaints under ICESCR.9 The Government views it needs to
carefully consider various factors including the consistency with domestic laws and potential
social impacts before the accession.
19. Recommendation: Take necessary measures to accede to and ratify the international human
rights treaties above and to withdraw reservations from the treaties.
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