National Human Rights Commission of Korea Annual Report 2020
The Commission concluded that the proposed fifth periodic report needs some corrections
and refinement, considering that the purpose of the report and the purpose of review by the
UN Human Rights Committee are to identify issues and challenges in implementing the
International Covenant on Civil and Political Rights in the state party, and to provide a venue
for constructive dialogue in order to further advance the safeguard and realization of rights of
the international covenant.
The Commission saw a need to lay out in the draft fifth periodic report the challenges that the
state party has faced in taking actions and implementing policies to fulfill its obligations under the
International Covenant on Civil and Political Rights, and what efforts were made to cope with the
challenges. Also, despite the fact that five years have passed since the concluding observations
on the fourth periodic report was adopted, the fifth report failed to present detailed plans in some
areas. Thus, the Commission called for more specific future implementation plans.
D. Opinion Regarding the Proposed Partial Revision to Civil Act
Amid a series of serious child abuse cases involving persons with parental rights, the
Commission on August 21 expressed opinion to the Chairman of the National Assembly and the
Minister of Justice that it would be desirable to make amendments to the Civil Act to be more
conducive to protecting children rights, and suggested deleting Article 915, which provides for the
right of persons with parental rights to punish their children, and codifying a provision prohibiting
all forms of corporal punishment against own children.
Under Article 915 of the Civil Act, which provides that a person of parental authority may,
in order to protect or educate his or her child, enforce necessary punishment against the child,
corporal punishment intended for educational purposes are not recognized as child abuse. This, in
turn, has caused offenders to abuse the provision in their own legal defense.
The Commission concluded that Article 915 of the Civil Act should be deleted as it contradicts
with the intent of the new Child Welfare Act and the Act on Special Cases Concerning the
Punishment, etc. of Child Abuse Crime, and can be used by persons with parental rights as a
means of justifying their corporal punishment in child abuse cases. Also, considering that the
ambiguity between ‘punishment’ and ‘discipline’ has made prevention of and response against
child abuse cases difficult, it argued that the deletion of ‘necessary punishment’ from Article 915
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