National Human Rights Commission of Korea Annual Report 2015
Investigations and Remedies: Human Rights Violations
Pursuant to Article 19.2 and 19.3 of the NHRC Act, the Commission conducts investigations
and makes remedies concerning the cases of human rights abuse and discrimination.
Subject to Investigation
In any event of discrimination or violation on human rights (guaranteed by Article 10 to
22 of the Constitution) in connection with the performance of duties9) by state agencies, local
governments, schools10), public service-related organizations11), and detention and protection
facilities, they are subject to investigation by the Commission. The same applies to when a
discriminatory act is committed by a juristic person, an organization or a private individual.
Complaints
Investigation on human rights abuse or discrimination usually begins with a complaint.
Complaint may be filed by not only the victim(s) but also any third party individual or
organization that acknowledges the case. If aninmate truly intends to file a complaint, the
Commission shall have its personnel visit the relevant confinement or caring facility for a faceto-face meeting12) with the said inmate to receive an oral or written complaint as well.
Once the complaint is accepted, the Commission investigates the case. If it finds that the case
falls within any category of human rights abuse or discrimination, it issues a recommendation
to the facility concerned to take the necessary measures to prevent reoccurrence and make
remedies. When a complaint does not meet the standards specified in the NHRC Act for an
investigation, the case shall be dismissed. On the other hand, the case shall be rejected when it is
9) Excluding legislation by the National Assembly and trials by a court or the Constitutional Court
10) Any school established by Article 2 of the Elementary and Secondary Education Act, Article 2 of the Higher Education
Act, and other Acts
11) Any public service-related organization pursuant to Article 3-2 (1) of the Public Service Ethics Act,
12)Pursuant to Article 31.2 and 31.4 of the NHRC Act, the Commission shall have a commissioner or a staff member visit
the relevant confinement or caring facility to receive an oral or written complaint from the said internee.
Part II Major Activities of NHRCK | 77
Major Activities of NHRCK
Section 1. Overview
Part II
Chapter 2.