「NATIONAL HUMAN RIGHTS COMMISSION OF KOREA ACT」
Article 43 (Effect of Mediation by Mediation Committee) A mediation under Article 42 (2) and
a decision in lieu of mediation in case of no complaint under Article 42 (6) shall have the
same effect as a settlement at court.
[This Article Wholly Amended on May 19, 2011]
Article 44 (Recommendation of Remedies, etc.) (1) If the Commission deems that there
occurred any violation of human rights or discriminatory acts as a result of the
investigation of any petition, it may recommend the respondent or the head of the
institution or the organization to which he/she belongs or the supervisory institution
thereof (hereinafter referred to as the "competent institution, etc.") to take the following
measures: <Amended on Feb. 3, 2016>
1. Implementation of the remedies under the subparagraphs of Article 42 (4);
2. Rectification or improvement of any relevant statute, institution, policy or practice.
(2) The provisions of Article 25 (2) through (5) shall apply mutatis mutandis to the head of
the competent institution, etc., who has received a recommendation under paragraph (1).
<Amended on Mar. 21, 2012>
[This Article Wholly Amended on May 19, 2011]
Article 45 (Accusation and Recommendation of Disciplinary Action) (1) If the Commission
deems, as a result of the investigation of any petition, that the content of the petition
corresponds to a criminal act against which a criminal punishment is required, it may file
an accusation to the Prosecutor General: Provided, That where the accused is a member of
military personnel or civilian personnel in the military, the accusation may be filed to the
Chief of General Staff of the armed forces concerned or the Minister of National Defense.
(2) If it is deemed that there occurred any violation of human rights as a result of the
investigation of any petition, the Commission may recommend a disciplinary action against
the respondent or any other person responsible for the same violation to the head of the
competent institution, etc.
(3) The Prosecutor General, the Chief of General Staff of the armed forces or the Minister
of National Defense who has received an accusation under paragraph (1) shall terminate
the criminal investigation within three months from the date on which he/she has been
accused and notify the Commission of the results thereof: Provided, That he/she shall, if
failing to do so within three months, clarify the reason therefor.
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