Issue 18. Establishment of Domestic Implementation Procedures for Individual
Communications under Article 14
154. The Committee has adopted the opinion at its eighty sixth session on May 20,
2015 via Communication No. 51/2012 (L.G. vs Republic of Korea) about
mandatory medical tests for HIV/AIDS only applied to foreign Englishspeaking teachers who are not ethic Koreans. The Committee recommends
that the State party grant the petitioner adequate compensation for the moral
and material damages, including compensation for the lost wages. It also
recommends that the State Party takes the appropriate measures to counter any
manifestations of xenophobia.
155. The State, contracting party to the Convention, has an obligation to dutifully
implement the recommendation of the Committee; however, without any
institutional facility to enforce the implementation of individual
communications by UN treaty bodies, it is hard to ensure effective remedies
including compensation for the individuals in reality.
156. On September 8, 2016, the NHRCK advised to adopt legislative and
administrative measures to ensure effective implementation of the opinions
regarding the individual communications by UN human rights treaties
including appropriate compensation to the petitioner.
157. However, the government replied that it would not accept the advice on the
ground that, under the current domestic positive law, the case bears no liability
for compensation as it ensues only when a breach of contract or illegality is
acknowledged. It also added that it would discuss the measures and
procedures to implement the communications by international human rights
instruments in the process of legislation of rules and regulations regarding
human rights.
158. Thus, an institutional mechanism to ensure the implementation of the individual
communications needs to be set in place as soon as possible so that effective
remedies including personal compensation can be reviewed.
Ⅶ. Education, Culture and Information to Combat Prejudices leading to Racial
Discrimination (Article 7)
Issue 19. Provision of Education, Information and Monitoring on Racial
Discrimination by the Media
34