National Human Rights Commission of Korea Annual Report 2017
45
E. Submission to the National Assembly of a proposed constitutional
amendment with increased guarantee of basic rights
On 4 December, the Commission decided to submit to the Speaker of the National Assembly
and the Chair of the National Assembly Special Committee on Constitutional Amendment a
draft constitutional amendment (Research Forum’s draft) proposing increased guarantee of basic
rights and a system to protect human rights.
The Commission’s approach to the constitutional amendment is to ensure more systematically
structured basic right regulations, the state’s obligation to guarantee basic rights, consideration
of new basic rights, and entitlement of “people,” and not “nationals,” to basic rights.
adds new provisions on the right to life and the right to safety, newly defines the general right
Part 2
In the area of civil liberties, the proposed amendment abolishes the death penalty system,
to freedom of action, the right of asylum, protection of refugees, and the freedom of thought,
and acknowledges conscientious objection.
In the area of the right to an adequate standard of living, the proposal offers newly added
provisions on the right to be notified of basic income and social security benefits, and the right
to stable housing, and re-defines the protection of children and youths, and their right to be
considered and respected, and the right of older persons and persons with disabilities to an
independent living.
In the area of political rights, it provides new provisions on the public’s right to propose and
submit bills and their right to recall lawmakers. In terms of right of claim, it presented the right
to request fair and lawful public administration, the principle of investigation without arrest, the
prohibition to make a disposition not to institute a public action if serious criminal charges are
recognized, and the scope of court martials for the general public.
The proposal also provides for decentralization, local governments’ efforts to protect and
promote human rights, and promoting human rights compliance in businesses.
Commission's
Major Activities
prohibits censorship to approve freedom of the press and freedom of assembly and association,