National Human Rights Commission of Korea Annual Report 2015
from the manager of the detention area.
Part II
related provisions require them to notify the judge (by phone or verbally) and get permission
As a result of the investigation, the Commission found out that general criminal courtrooms
not have a separate room for attorney counseling, unlike the courtrooms for substantive review
of arrest warrants and review on the legality of confinement, which was in fact a restriction of
the inmates’ right to counsel. Regarding the matter, the court replied that inmates in such a case
have no actual need to see their attorney at the court since they finish the necessary counseling
with their attorney at their remand prison or correctional facility before they come. In addition,
it also explained that it would definitely allow the inmates to see their lawyer upon any request,
but such a request had never been made.
In response, the Commission issued a recommendation on November 10th to the Chief Justice to:
1. make sure all general criminal courtrooms in each and every court across the nation have a
separate space to allow the inmates to counsel with their attorney; and
2. make all inmate waiting rooms offer an effective guide to the inmates on their right to
request a counsel with their attorney and how to do so.
I. Recommendation to eliminate the practice of hiding cases of industrial
accident and strengthen the risk prevention efforts to protect workers of inhouse subcontractors
The 2014 Survey on Job Categories Vulnerable to Industrial Accidents found that workers
employed by in-house subcontractors were in charge of jobs with a higher risk of industrial
accident compared to their counterparts employed by prime contractors in the shipbuilding,
steel, and plant construction industries. Even worse, many of those who actually suffer from
accidents often cannot receive any compensation from their industrial accident compensation
insurance (IACI). Therefore, the Commission issued a recommendation on November 12th to
the Minister of Employment and Labor to eliminate the ill-practices of business sites that do not
allow the IACI to cover industrial accidents suffered by workers of in-house subcontractors, and
come up with ways to effectively prevent and manage industrial accident risks.
More specifically, the recommendation suggested the minister to:
1. ensure that the safety and health council, based on the Occupational Safety and Health Act,
has one of the subcontractor workers as its member, and ensure that its agenda includes
discussions for the safety and health of the subcontractor workers;
Part II Major Activities of NHRCK | 25
Major Activities of NHRCK
in the five courts, where the cases of the respondent or defendant under custody are handled, did