b. Differences in the NHRC’s and NHRCK’s authority for handling discrimination cases Article 44, Paragraph 1, Subparagraph 1 of the National Human Rights Commission of Korea Act states: “If the [NHRCK] deems that there occurred any violation of human rights or discriminatory acts as a result of the inquiry of any petition, it may recommend [that] the respondent or the head of the institution or the organization to which he or she belongs or the supervisory institution thereof … take the following measures: (1) implementation of the remedies [in] the subparagraphs of Article 42 [Paragraph 4]; (2) rectification or improvement of any relevant statute, institution, policy or practice.” Article 42, Paragraphs 3 and 4 state: “If both parties fail to reach an agreement during the course of mediation…, the competent mediation committee may make a decision in lieu of the mediation in order to fairly settle the case.… A decision [made] in lieu of mediation may include any of the following: (1) cessation of a violation of human rights or a discriminatory act subject to inquiry; (2) reinstatement, compensation for damage, and other necessary remedies; (3) measures necessary for the prevention [or] recurrence of the same or similar human rights violation or discriminatory act…” 4 However, pursuant to Article 2, Paragraph 1 of the Organic Act of the Control Yuan National Human Rights Commission, the NHRC is only authorized to accept and investigate complaints but not to make decisions 4 Article 42, Paragraphs 5 and 6 of the National Human Rights Commission of Korea Act states, “If a mediation committee makes a decision in lieu of conciliation, it shall serve both parties with the written decision without delay. … If any party fails to file a complaint within 14 days after he or she has been served with a written decision under paragraph (5), he or she shall be deemed to accept the mediation.” Article 43 of the same Act states, “A mediation under Article 42 [Paragraph 2] and a decision in lieu of mediation … under Article 42 [Paragraph 6] shall have the same effect as a settlement at court.” 11