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ENFORCEMENT DECREE OF THE NATIONAL HUMAN RIGHTS COMMISSON OF KOREA ACT

  • Presidential Decree No. 17517, Feb 9, 2002
  • Amended by Presidential Decree No. 18317, Mar 17, 2004
  • Presidential Decree No. 20323, Oct 15, 2007
    (Enforcement Decree of the Welfare of Disabled Persons Act)

ENFORCEMENT DECREE OF THE NATIONAL HUMAN RIGHTS COMMISSON OF KOREA ACT

  • Presidential Decree No. 17517, Feb 9, 2002
  • Amended by Presidential Decree No. 18317, Mar 17, 2004
  • Presidential Decree No. 20323, Oct 15, 2007
    (Enforcement Decree of the Welfare of Disabled Persons Act)

Article 1 (Purpose)
  1. The purpose of this decree is to enumerate matters delegated by the National Human Rights Commission of Korea Act and those necessary for the enforcement thereof.
Article 2 (Group Protective Facility)

The term “a facility prescribed by the Presidential Decree” in Article 2 3 of the National Human Rights Commission of Korea Act (hereinafter referred to as the “Act”) means any of the following bodies: (Amended on October 15, 2007)

  1. Child welfare facilities: child rearing facilities, temporary protection facilities for children, protection and treatment facilities for children, vocational training facilities for children, assisting facilities for self-support, and short-term protection facilities for children under the provisions of Article 16 1 1 through 6 of the Child Welfare Act.
  2. Welfare facilities for the disabled: welfare facilities for the disabled under the provisions of Article 58 1 1 of the Welfare of Disabled Persons Act.
  3. Mental health facilities: medical institutions for mental illness (limited to those with accommodation facilities), facilities for the rehabilitation of psychopaths, and sanatoria for treatment of psychopaths under the provisions of Article 3 3 through 5 of the Mental Health Act.
  4. Care facilities for the vagrant: social welfare facilities established for the purpose of the protection and rehabilitation for the vagrant under the provisions of Article 34 1 or 2 of the Social Welfare Services Act.
  5. Welfare facilities for the aged
    • ① Residential welfare facilities for the aged: general care facilities for the aged and care facilities for the aged at cost under the provisions of Article 32 1 1 and 2 of the Welfare of the Aged Act.
    • ② Medical welfare facilities for the aged: sanatoria for the aged and sanatoria for the aged at cost under the provisions of Article 34 1 1 and 2 of the Welfare of the Aged Act.
  6. Welfare facilities for persons requiring protection: temporal protection establishments, guidance and protection establishments, and self-reliant rehabilitation facilities under the provisions of Article 11 1 1 through 3 of the Prevention of Prostitution, etc. Act.
  7. Rehabilitation and protection facilities: facilities established, for the purpose of rehabilitation and protection (limited to facilities with accommodations), by persons who were authorized to conduct such business under the provisions of Article 67 of the Protection and Surveillance, etc. Act.
Article 3 (Visit and Investigation of Detention and Protective Facilities)
  1. If the National Human Rights Commission of Korea (hereinafter referred to as the “Commission”) visits and investigates under the provisions of Article 24 1 of the Act, it shall notify the head or administrator of the detention, protective facility, in advance, of the purport·date and·location, provided, that this shall not apply in the case of urgency or if advance notification is deemed a hindrance to achieving the purpose of the investigation.
  2. The commissioner·member of the staff of the Commission or expert (hereinafter referred to as the “commissioner, etc.”), who visits and investigates under the provisions of Article 24 2 of the Act, if deemed necessary, may request necessary assistance from the head of a related administrative institution.
  3. The commissioner, etc. who visits and investigates under the provisions of Article 24 2 of the Act, if deemed necessary, may investigate by such methods as prescribed by the following subparagraphs:
    • ① To hear statements from staff members or the accommodated of the relevant detention or protective facility (hereinafter referred to as the "accommodated in the facility")
    • ② To request and receive necessary materials from the head or administrator of the detention or protective facility
    • ③ To record audio and video content, take pictures, conduct research on the health status of the accommodated in the facility, and check on necessary objects, persons, places and other conditions
  4. Audio and video content recorded under the provisions of Article 3 3, shall be used, only for the purpose of the investigation, to confirm the purport of the statements or the status of subjects in the investigation, and the recorded audio and video contents, from the time of the recording, shall not be published
  5. The commissioner, etc. who visits and investigates under the provisions of Article 24 2, after the completion of the visit and investigation to a detention or protective facility, shall record the results in the visit and investigation report.
  6. Necessary matters regarding the writing of the visit and investigation report under paragraph 5 shall be prescribed by the Rule of the Commission.
Article 5 (Protective Measures after Interview and Investigation)
  1. In the event that there is a concern that staff members of the detention or protective facility or the accommodated in the facility may be subject to physical harm and other unfavorable treatments on account of his/her interview, the commissioner, etc, who interviews the accommodated in the facility under the provisions of Article 24 4 of the Act, may request that the head or administrator of the detention or protective facility take measures to prevent this
  2. If the head or administrator of the detention or protective facility takes any measure under the provisions of paragraph 1, he/she shall, without delay, notify the Commission of the contents.
Article 6 (Notification of Petition Methods, etc)
  1. The head or administrator of the detention or protective facility shall, at the time of the initial protection or accommodation of the accommodated in the facility, notify the meaning and methods by which the accommodated in the facility may file a petition to the Commission in a case of a human rights violation.
  2. The head or administrator of the detention or protective facility shall keep, in places where the accommodated in the facility may read at anytime, the guidebook on the meaning of and methods by which the accommodated in the facility may file a petition to the Commission in the case of a human rights violation.
Article 7 (Installation and Operation of Petition Box)
  1. The head of the detention or protective facility shall place a petition box at an appropriate place in the detention or protective facility, and shall provide paper, pens, and sealing envelops.
  2. The head or administrator of the detention or protective facility shall, at the time of the installment of a petition box under the provisions of paragraph 1, notify the Commission of the location of the petition box.
  3. The head or administrator of the detention or protective facility shall ensure that the accommodated in the facility place the written petition in a sealed envelope and place the petition in the petition box him/herself.
  4. The public official or staff member belonging to the detention or protective facility shall, at specific time everyday, confirm whether or not there is a written petition or document, written by the accommodated in the facility for the purpose of submission to the Commission, in the petition box, and, if there is a written petition or document in the petition box, the public official or staff member of the detention or protective facility shall send the petition or document without delay.
  5. The presentation of a petition in a sealed envelop is prescribed by the Rule of the Commission
Article 8 (Prohibition of Perusal of Written Document Sent by the Commission)
  1. The public official or staff member belonging to the detention or protective facility, if they open a letter sent under the name of the Commission and confirm that the letter is written by the Commission to the accommodated in the facility, who has filed the petition, shall, not peruse the specific document within the letter.
Article 9 (Independent Preparation and Presentation of a Written Petition)
  1. AIn the case that the accommodated in the facility expresses his/her intention to write a petition and another document to the Commission against the will of the head or administrator of the detention or protective facility, the head or administrator of the detention or protective facility shall not prohibit or obstruct it.
  2. A public official or staff member belonging to the detention or protective facility shall not peruse, seize, or discard a written petition or document prepared by or possessed by the accommodated in the facility for the purpose of presentation thereof to the Commission, provided that this shall not apply to the case of documents which was prepared or possessed without expression of the intention to do so under the provisions of paragraph 1.
  3. A public official or staff member belonging to the detention·protective facility shall not restrain the accommodated in the facility, on account that he/she is in an investigation of punishable accusation or in punishment, from the opportunity to write or submit a petition or document.
Article 10 (Receipt of a Petition by Visiting)
  1. With respect to the visit to the relevant detention or protective facility and receipt of any petition by a commissioner, etc. under the provisions of Article 31 4 of the Act, the provisions of Article 3 3 and 4 above shall apply mutatis mutandis.
Article 11 (Notice of Visit)
  1. With respect to the visit to any relevant places or facilities by a commissioner, etc. under the provisions of Article 36 2 of the Act, the provisions of Article 3 1 above shall apply mutatis mutandis.
Article 12 (Exclusion and Recusal)
  1. Exclusion of a commissioner of the Commission and a member of the Conciliation “Commissioners” in this Article and Article 15) shall be conducted at the request of the party concerned or by ex officio referral by the Chairperson of the Commission (hereinafter referred to as the “Chairperson”).
  2. The request for exclusion or recusal under the provisions of Article 38 1 or 2 of the Act shall be submitted to the Commission, by specifying the cause.
  3. The cause of the exclusion or recusal and the methods of the explanation thereof shall be submitted within three days after the request in a written form.
  4. The commissioner, who is subject to the request for exclusion or recusal, shall submit his/her written opinion on this without delay.
Article 13 (Process of Requests for Exclusion and Recusal)
  1. The Chairperson shall make a decision on the request for exclusion without referring the request to the Commission for resolution; however, if it is inadequate for the Chairperson to make the decision, the said request shall be referred to the Commission for resolution.
  2. In the event that the request for exclusion or recusal violates the provisions of Article 12 2 and 3, the Chairperson shall reject said request.
Article 14 (Suspension on the Resolution Procedure)
  1. In the event the request for exclusion or recusal is made under the provisions of Article 38 1 or 2 of the Act, the resolution procedure shall be suspended until a decision is made thereon, provided that it shall not apply to the case of urgency.
Article 15 (Refraining of Commissioners)
  1. The commissioner shall, if intending to refrain under the provisions of Article 38
  2. of the Act, receive an approval from the Chairperson
  3. The Chairperson shall approve the request for refraining, if deemed reasonable, without delay.
Article 16 (Appointment of Commissioners in Subcommittees)
  1. In the event the commissioner of sub committees, under the provisions of Article 12 of the Act is unable to perform his/her duties by exclusion, recusal, or refraining, the Chairperson shall, without delay, appoint a commissioner who shall perform the duties.
Article 17 (Special Commissioners)
  1. Special Commissioners may be retained, if deemed necessary in order to assist duties of the Commission effectively and to perform professional investigations and conduct research, within the scope of budget.
Article 18 (Payment of Expenses, etc)
  1. The Commission may pay travel and other expenses, within the scope of budget, to persons concerned who present at the Commission with regard to the activities of the Commission.
Article 19 (Establishment and Composition of Consultation Committee of Human Rights Policy Stakeholders)
  1. The Commission shall establish the Consultation Committee of Human Rights Policy Stakeholders (hereinafter referred to as the “Consultation Committee”) to pursue effectively the consultation with the related entities under the provisions of Article 20 2 of the Act.
  2. The President of the Consultation Committee (hereinafter referred to as the “President”) shall be held by the Secretary General of the Commission, and the members of the Consultation Committee shall be persons who fall under any of the following subparagraphs:
    • ① Director General or upper public officials of the central administrative agencies who shall be appointed by the head of the central administrative agencies
    • ② Director General or upper public officials of the Seoul Metropolitan City, Metropolitan Cities or Provinces who shall be appointed by Mayors of the Seoul Metropolitan City, Metropolitan Cities or Governors of the Provinces.
    • ③ Persons who shall be appointed by the Chairperson among persons who have professional knowledge of and experience in human rights
  3. The Consultation Committee may, if deemed necessary for the performance of duties, hear related public officials or professionals who have professional knowledge and experience. [This Article Newly Inserted on March 17, 2004]
    [Previous Article 19 Moved to Article 22 (March 17, 2004)
Article 20 (Functions of the Consultation Committee)
  1. The Consultation Committee shall consult on matters falling under the following subparagraphs:
    • ① To draft recommendations for the National Action Plan on Human Rights (NAP)
    • ② Matters regarding recommendations under the provisions of Article 19·25·44·45 and 48 of the Act
    • ③ Exchange and sharing of information on human rights
    • ④ Other matters necessary for the protection and promotion of human rights
  2. An administrative secretary shall be assigned to the Consultation Committee and the administrative secretary shall be appointed by the Chairperson among the staff members belonging to the Commission.
    [This Article Newly Inserted on March 17, 2004]
Article 21 (Operation of the Consultation Committee)
  1. The Consultation Committee shall be convened if deemed necessary by the President
  2. Members of the Consultation Committee who attend the Consultation Committee and a related professional who attends the Consultation Committee to state opinions may be paid an allowance for travel and other expenses within the scope of the budget, provided he/she is not a public official who attends to directly related matters under his/her jurisdiction.
  3. Other necessary matters with respect to the composition and operation of the Consultation Committee shall be prescribed by the Rule of the Commission.
    [This Article Newly Inserted on March 17, 2004]
Article 22 (Imposing and Collecting Fines for Negligence)
  1. In the event a fine for negligence is imposed under the provisions of Article 63 3 of the Act, the Chairperson shall send to the subject of a disposition of a fine for negligence, a payment notice of the fine written with the violation causing the fine, imposed price amount of the fine, payment period, receiving entities, and ways and period in which to raise an objection
  2. The Chairperson, if imposing a fine for negligence under the provisions of paragraph 1, shall provide a person who is subject to a disposition of a fine for negligence, with opportunities to state his/her oral or written opinion within the period prescribed for more than 10 days.
  3. The Chairperson, if prescribing the amount of a fine for negligence under the provisions of paragraph 1, shall extenuate the motivation and results of the violation.
  4. The procedure of collecting a fine for negligence shall be prescribed by the Rule of the Commission.
    [Moved from Article 19 ]

ADDENDA (No 17517, February 9, 2002)

Article 1 (Enforcement Date)
  1. This decree shall enter into force on the date of its promulgation.
Article 2 (Amendments to Other Acts)
  1. Part of the Decree on the Appointment of Public Officials shall be amended as follows: The term “the Chairperson of the Civil Service Committee” in Article 2 4 a, shall be amended to “the Chairperson of the Civil Service Committee, the Chairperson of National Human Rights Commission of Korea.”
  2. Part of the Enforcement Decree of the Act on the Report and Open of Military Service of Public Officials, etc. shall be amended as follows:In Article 2, 8 2 shall be newly established as follows: 8 2. Public officials belonging to the National Human Rights Commission of Korea shall mean the Secretariat of the National Human Rights Commission of Korea.
  3. Part of the Rule on Security Duties shall be amended as follows: In Article 7 1, 3-2 shall be newly created as follows: 3-2. The Chairperson of the National Human Rights Commission of Korea
ADDENDUM (No 18317, March 17, 2004)
  1. This decree shall enter into force on the date of its promulgation

ADDENDA (Enforcement Decree of the Welfare of Disabled Persons Act)(No 20323, October 15, 2007)

Article 1 (Enforcement Date)
  1. This decree shall enter into force on the date of its promulgation.
Article 2 (Amendments to Other Laws)
  1. (1) Omitted (2) Parts of the Enforcement Decree of the National Human Rights Commission Act shall be amended as follows: The term “Under the provisions of Article 48 1 1 of the Welfare of Disabled Persons Act” in Article 2 2 shall be amended to “under the provisions of Article 58 1 1 of the Welfare of Disabled Persons Act.” 3 through 11 Omitted
Article 3 Omitted
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