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of the Civil Act should not be followed by inclusion of ‘necessary discipline' in the same Act.
The Commission also concluded that there is a need to codify in the Civil Act prohibition of all
forms of corporal punishment against own children, so that it is clearly understood and perceived
that corporal punishment is prohibited against children.
E. Opinion Regarding Forced Repatriation of North Korean Sailors
Regarding the forced repatriation of North Korean sailors by the government on November 7,
2019, the Commission expressed opinion to the Minister of Unification on November 23 that there
is a need for related laws and regulations, and manuals to be revised so that the human rights of
North Korean defectors are not violated when they request protection or while their application for
Part 2
protection is being processed.
While it rejected a petition filed in relation to the forced repatriation of the sailors, the
both in and outside of Korea over the procedures with which the victims’ request for protection
was verified and the way they were deported. Considering the fact that the expelled victims were
suspected of serious crimes and there were concerns expressed by the international community
that, in light of the human rights situation in North Korea, it was likely that the victims would be
subject to torture or other forms of inhumane disposition, their forced repatriation without a clear
legal basis could potentially be a violation of human dignity under Article 10 and of personal
freedom under Article 12 of the Constitution, and constitute a violation by a State Party to the
Convention against Torture of its obligation to not repatriate to other countries where torture of
repatriated persons is likely.
Given the lack of established government procedures to deal with North Korean defectors’
intent to request protection and procedures to handle protection applicants, the Commission saw a
need to improve related laws and regulations, and manuals to prevent recurrence in the future.
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Commission found it necessary to express opinion, as there was public criticism and controversies