National Human Rights Commission of Korea Annual Report 2022
procedures and methods for effective remedies in cases of human rights violations or
discrimination caused by AI. In this regard, the Commission recognized the need to establish
standards that should be followed from a human rights perspective in the development and
utilization of AI, and reviewed relevant contents.
The international community is already developing systems and guidelines to prevent
problems that may arise due to AI. The United Nations has, on multiple occasions,
recommended establishment of human rights protection measures for AI use, and the
European Union has released a draft of the Artificial Intelligence Act, which includes the ban
on AI-aided facial recognition systems, the assignment of high-risk levels to AI interview
systems, and regulatory levels according to the degree of risk. In line with these international
trends, the Commission presented guidelines that guarantee the dignity and autonomy of
individuals, transparency and accountability, the right to self-determination, non-discrimination,
implementation of AI human rights impact assessment, establishment of risk levels, and relevant
laws and systems.
B. Recommendation for Institutional Improvements to Safeguard
the Right to Health and other Medical Rights of Inmates Based on
the Findings of Visits to and Inspections of Correctional Facilities
Based on a survey on health rights conditions in detention facilities conducted in 2016, the
Commission had recommended the Ministry of Justice to promote the health rights of detainees
in August 2018, taking into account the recommendations of the UN Committee Against
Torture on ensuring detainees’ access to medical care in May 2017. The Ministry of Justice had
notified the Commission of an implementation plan, including increasing medical personnel in
correctional facilities.
However, as of 2021, more than 35% (70-80 cases per year) of petitions related to correctional
facilities filed with the Commission had to do with the medical treatment and health rights of
detainees, and cases of human rights violations, such as mass COVID-19 infections and deaths
among detainees, continue to occur. Consequently, on November 3, 2021, the Commission
carried out visitation investigations (Case No. 21BangMun0000300), focusing on the medical
situation in the Busan Correctional Facility and nine other correctional facilities nationwide.
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