colleges/universities, about 8,000 professional athletes and about 13,000 athletes with
disabilities. The NHRCK also plans to monitor human rights violations in the training camps
and major sports competitions and, based on the monitoring results, map out a guideline, as part
of the effort to seek solutions.
136. The Government should drastically improve the existing sports policy with a
high emphasis on result-oriented elite sports, and draw up and actively implement
effective measures to prevent violence against student athletes and guarantee their right
to learn.
Issue 37. Police practice of investigating children with no prior contact with
their guardian
137. The Criminal Procedure Act provides that when a suspect is investigated, a person
who is in the trust relationship with the suspect may be allowed to be present in the
investigation if, in consideration of the suspect's conditions, including his/her age, gender and
nationality, it is necessary for the suspect's mental stability and a smooth communication. Other
relevant legal instruments also prescribe that when the police calls for a child's attendance at the
police or investigates a child, they should contact the child's guardian or a person who can
protect the child on behalf of the guardian (except when such contact is not appropriate for the
child's welfare). However, the NHRCK has received a succession of complaints about the
police's practice of investigating children without contacting their guardians in advance, and the
NHRCK has determined that this practice is in violation of the right to defense which is
guaranteed in the Constitution of the Republic of Korea.
138. In February 2019, the NHRCK, in regard of the case where a child, who was going
through a police investigation without his parent or another person in the trust relationship with
him being present in the investigation, jumped to his death, determined that the child's right to
defense was violated. The police should be careful to protect children's right to defense, with a
right understanding about children who, in nature, are very fearful of being investigated by the
police and, in some cases, don't want the police to contact their guardian, but they don't, in
practice. Moreover, under the current legislation, in case a child is a suspect, only the
notification to the child is mandatory and the notification to his/her guardian is not required,
which does not fully protect the right to defense in the criminal procedures involving children.
139. The Government should expand the relevant systems and improve the
existing practices, to ensure that when a child's attendance at the police is called
for or a child is investigated by the police, the child's guardian is contacted in
advance and is later notified of the progress of investigation, for the purpose of
protecting the right to defense of the children in the process of police
investigation.
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