National Human Rights Commission of Korea Annual Report 2020 Ex officio investigation in relation to sexual harassment by late Seoul Mayor Park Won-soon From August, the Commission conducted an ex officio investigation of alleged sexual harassment by late Seoul Mayor Park Won-soon. The investigation revealed that there still remain low public awareness and considerable gender differences in perception of sexual harassment. It developed recommendations for the Seoul Metropolitan Government and the Minister of Gender Equality & Family to protect the victim, correct the organization's institutional discrimination against women, and raise awareness in the public domain that sexual harassment is a violation of labor rights. Opinion expressed on proposed revision to law banning abortion With regards the government’s proposed revisions to the Criminal Act and the Mother and Child Health Act, which still criminalize abortion despite a Constitutional Court’s ruling in April 2019 that the abortion ban is unconstitutional, the Commission on November 30 expressed opinion that abortion should not be criminalized. In February 2019, the Commission had submitted similar opinion to the Constitutional Court when a constitutional appeal on abortion ban was being reviewed. Recommendation of emergency relief for a transgender soldier referred to Discharge Deliberation Committee In response to a petition that a transgender soldier had filed on January 20 to have a Discharge Deliberation Committee meeting postponed, the Commission decided to recommend emergency relief based on Article 48 (1) of the NHRCK Act. The Commission concluded that there are no legislation or precedents regarding gender transitioning while in active military service; referring the non-commissioned officer to the Discharge Deliberation Committee for the reason that a sex reassignment surgery can lead to physical disability could potentially be a discriminatory act; referral to the Discharge Deliberation Committee could ultimately undermine the basic rights of the victim; and a decision to discharge the soldier by the Discharge Deliberation Committee could potentially result in irreversible damage. 28

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