operation of human rights organizations and departments dedicated to human rights,
objections are sometimes raised as to which tasks are specifically related to human rights and
whether human rights organizations can make recommendations and comments.672) On the
contrary, the concept of ‘human rights’ in the “Chungnam Human Rights Ordinance” does
not pose a special problem in light of other related laws.673) Some also assert that raising
issues with sexual orientation and religion in particular is an argument based on hatred, and
that all administration should be based on the value of human rights.674)
There are also controversies regarding the powers and legal basis of regional human rights
organizations. Although it is difficult to find an explicit provision for local governments to
enact human rights ordinances in relevant laws such as the current the ‘Local Autonomy
Act,’ but in light of the decision of the Constitutional Court, which determined that local
governments have the authority to prepare student human rights ordinances,675) it can be said
that the enactment of human rights ordinances is based on the Constitution and laws.
However, as the specific authority and role that human rights organizations should be
granted with varies depending on the image of different regions, various conflicts and
problems arise. In order to solve this problem, many are calling for an active role from the
human rights organizations, such as enactment of the ‘Framework Act on Human Rights
Policy’ currently proposed to the National Assembly and education and support for regional
human rights organizations by the NHRCK.
On the other hand, the need to analyze the roles and status of human rights organizations
is also raised in order to properly establish the human rights system of local governments so
that the roles and status of human rights organizations do not change according to the will of
the head of the organization.676) These opinions point out the need to present the roles and
“human rights” are state affairs.
672) Kim, Hyeong-nam, Achievements and Limitations of Local Government Human Rights Mechanisms, 2022 Human
Rights Policy Forum Discussion Paper, Nov. 2022
673) National Human Rights Commission Act, Article 6 of the Act on the Execution and Treatment of Prisoners
(Prohibition of Discrimination), Article 6 of the Act on the Execution of Punishments and Treatment of Prisoners in
the Military (Anti-Discrimination), Police Officer Duties for Human Rights Protection Rules (Directive of the
National Police Agency) Article 76 (Investigation of Sexual Minorities), Rules for Human Rights Protection
Investigation (Directive of the Ministry of Justice) Article 4
674) Woo, Sang-yeol, “Tasks for strengthening the regional human rights system,” 「2022 Human Rights Policy Forum
Materials」 Discussion Paper, Nov. 2022
675) Constitutional Court, Decided on Nov. 18, 2019, 2017HunMa1356
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