(1) Recommendation of remedial measures, etc. (Article 44 of the National Human Rights Commission of Korea Act)
A. If the Commission determines on the basis of its investigation findings that human rights violations occurred, it may recommend any of the following to the respondent, or the head of the institution or organization to which the respondent belongs or its supervisory authority ("affiliated organization, etc."):
- 1. Performance of remedial measures set forth in each subparagraph1) of Article 42(4); and
- 2. Rectification or improvement of laws, institutional schemes, policies, or practices.
B. The provisions of Article 25(2) through 25(4)2) shall apply mutatis mutandis to the head of the affiliated organization, etc. that received a recommendation under Paragraph A.
1. Discontinuance of human rights violations subject to investigation
2. Restoration to the original state, compensation for damages, or other necessary remedial measures
3. Measures necessary to prevent recurrence of the same or similar human rights violations
- 2) Article 25 (Recommendation to Improve or Rectify Policies and Practices)
1. If deemed necessary to protect and promote human rights, the Commission may recommend the institutions concerned, etc. to improve or rectify policies and practices or express its opinion thereon.
2. The head of the organization that receives a recommendation under the foregoing Paragraph (1) shall endeavor to respect and implement such recommendation.
3. If the head of the organization that receives a recommendation under the foregoing Paragraph (1) fails to implement such recommendation, he shall explain, in writing, the reason therefor to the Commission.
4. If deemed necessary, the Commission may publish its recommendation and expressed opinion as provided in the foregoing Paragraph (1) and the details of explanation given by the head of the institution that received said recommendation as provided in the foregoing Paragraph (3).
(2) Recommendation of accusation and reprimand (Article 45 of the National Human Rights Commission of Korea Act)
A. If the Commission acknowledges, based on its investigation findings, that the act against which a complaint was made constitutes a criminal act, it may bring charges to the Prosecutor General. However, if the respondent is a military personnel or civilian military employee, those charges may be filed with the relevant chief of staff or the Minister of National Defense.
B. If the Commission acknowledges, based on its investigation findings, that a human rights violation occurred, it may recommend that the head of the affiliated organization, etc. reprimand the respondent or the person responsible for such violation.
C. The Prosecutor General, the chief of staff concerned, or the Minister of National Defense who receives such accusation as provided in Paragraph A shall complete investigation within three months from the date of such receipt and notify the Commission of the results of such investigation. If the investigation is not completed within the three-month period, the cause thereof must be explained.
D. The head of the affiliated organization, etc. that receives the Commission's recommendation under Paragraph B shall respect such recommendation and notify the Commission of its results.
Dismissal (Article 39 of the National Human Rights Commission of Korea Act)
A. If a complaint falls under any of the following based on the Commission's investigation findings, the Commission shall dismiss such complaint:
- 1. When it is evident that the complaint is untrue or if there is no objective evidence substantiating that the complaint is true;
- 2. When the complaint does not address a human rights abuse or discriminatory act subject to investigation; and
- 3. When it is acknowledged that separate remedial measures are unnecessary for such reasons as restoration from damage.
B. When the Commission dismisses a complaint, it shall notify the persons concerned of the decision and reason therefor.
Rejection without Deliberation, etc.
(Article 32 of the National Human Rights Commission of Korea Act)
A. If a complaint falls under any of the following, the Commission shall reject such complaint without deliberation:
- 1. When the complaint by its very nature is not subject to investigation by the Commission;
- 2. When it is acknowledged that a complaint is obviously false or groundless;
- 3. When it is evident regarding a complaint filed by a person who is not a victim that the victim does not want an investigation;
- 4.When a complaint is filed more than one year after the date on which the cause therefor occurred. However, this shall not apply to cases regarding which the statute of limitations or civil liability concerning the cause of the complaint was not perfected and regarding which the Commission decided to conduct an investigation3);
3) This is referred to as a decision to continue investigation.
- 5. When a trial by an ordinary court or the Constitutional Court, investigation by investigative authorities, or remedial procedure under other laws is underway or has been completed regarding the cause of the complaint at the time when the complaint is filed. However, this shall not apply in cases where a complaint is filed with the Commission concerning the matters which constitute offenses under Articles 123 through 125 of the Criminal Act and which are being investigated by the investigative authorities;
- 6. When a complaint is submitted anonymously or by alias;
- 7. When it is acknowledged that it is inappropriate for the Commission to investigate into a complaint;
- 8. When the complainant withdraws its complaint;
- 9. When a complaint dismissed by the Commission is submitted again regarding the same matter; and
- 10. When the purport of a complaint contradicts a final judgment by an ordinary court or a decision by the Constitutional Court on the cause of the complaint.
B. In the event of rejection of a complaint without deliberation under Paragraph A, the Commission may transfer the complaint to the authority concerned when deemed necessary. In such case, the authority concerned that receives said complaint shall promptly notify the Commission of the details of its handling upon request from the Commission.
C. Even in cases where a complaint falls under any subparagraph of Paragraph A after the Commission commences investigation into the complaint, the Commission may reject the complaint without deliberation.
D. When the Commission rejects a complaint or transfers a complaint to the authority concerned without deliberation, it shall promptly notify the complainant of the reason therefor. In such case, the Commission may give the victim or complainant advice on the procedures and measures necessary for relief, when deemed necessary.