ANNUAL REPORT 2015
discrimination against the vulnerable including sexual minorities and unmarried mothers,
the death penalty system, non-voluntary admission to mental health facilities, conscientious
objection to the military service and introduction of alternative military service, freedom of
association and demonstration, and the National Security Act.
H. Expression of opinion on the revision proposal of the Act on Supporting Dropout Youth
The Minister of Gender Equality and Family requested the Commission’s opinion on
the revision proposal of the Act on Supporting Drop-out Youth (Proposal Number 16570),
regarding the issue on whether or not to allow school principals and personnel to provide
Support Centers for Drop-out Students with personal information on the drop-out youth without
his or her consent. In response, the Commission expressed its opinion that removing the consent
provision may infringe on the right to informational self-determination on September 23rd for
the following reasons:
1. There were many other organizations and institutes that provide information on the dropout youth to the support centers.
2. Since it had been only four months since the law came into effect, it was difficult to confirm
that difficulties in getting consent from the youth concerned were the major cause for the
support centers' alleged difficulty in contacting the individual.
3. The support for the drop-out youth can only be effective when the youth concerned displays
his or her own will to apply for it.
I. Expression of opinion on the revision proposal of the Habeas Corpus Act
The government put forth the revision proposal of the Habeas Corpus Act on April 14th,
2014. The proposal is to employ habeas corpus officers from the Ministry of Justice (MOJ), and
dispatch them to detention facilities to check whether or not that inmate is imprisoned lawfully
and whether or not he or she should be released from custody due to the reason of imprisonment
being deemed invalid or eliminated. However, the Commission found that most of “mass care
facilities”, of which inspection should be conducted by the Commission, are included in the
“detention facilities” mentioned above, inevitably causing for the potential duplication of duties.
Therefore, the Commission expressed its opinion on November 18th to the Chairperson of the
32 | National Human Rights Commission of Korea