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ORGANIZATION OF THE NATIONAL HUMAN RIGHTS COMMISSION OF KOREA AND ITS AFFILIATES

  • Presidential Decree No. 17512, Feb 4, 2002
  • Wholly Amended by Presidential Decree No. 19228, Dec 30, 2005
  • Amended by Presidential Decree No. 19596, Jun 30, 2006
  • Presidential Decree No. 20098, Jun 21, 2007
  • CHAPTER I. GENERAL PROVISIONS

    CHAPTERⅠ_GENERAL PROVISIONS

    Article 1 (Purpose)
    1. The purpose of this decree is to stipulate the organization, jurisdiction of duties, and other necessary matters of the National Human Rights Commission of Korea under the provisions of Article 18 of the National Human Rights Commission Act.
    Article 2 (Affiliates)
    1. The Human Rights Library and regional offices shall be established under the National Human Rights Commission of Korea (hereinafter referred to as the “Commission”) to support the affairs of the Commission.
  • CHAPTER II. THE COMMISSION

    CHAPTER II_THE COMMISSION

    Article 3 (Duties)
    1. The Commission shall perform duties under the provisions of Article 19 of the National Human Rights Commission Act. (Hereinafter referred to as the “Act”)
    Article 4 (Composition)
    1. The Commission shall be comprised of eleven commissioners, including one Chairperson and three standing commissioners.
    2. The Chairperson and standing commissioners shall be appointed for political service
    Article 5 (Secretariat)
    1. The Secretariat shall be established under the Commission to administer the affairs of the Commission.
    2. The Secretary General shall be assigned to the Secretariat, and the Secretary General shall be appointed as a public official in extraordinary civil service belonging to the Senior Civil Service. <Amended on June 30, 2006>
    3. The Secretary General shall, under the direction of the Chairperson of the Commission, take charge of the affairs of the Secretariat and direct and supervise the staff belonging thereto.
    Article 6 (Subordinate Organizations)
    1. The Administrative Support Team, Human Rights Policy Bureau, Administration and Planning Bureau, Investigation and Remedy Bureau, Anti-Discrimination Bureau, and Human Rights Education Bureau shall be established under the Secretariat.
    2. The Director of the Human Rights Counseling Center, the Director of the Communications Team, and the head of Legal Affairs and Audit Team shall be assigned under the Secretary General.
    Article 7 (Head of the Human Rights Counseling Center)
    1. The Director of the Human Rights Counseling Center shall be appointed as a public official and Director General, Director, or Grade IV in extraordinary civil service.
    2. The Director of Human Rights Counseling shall assist the Secretary General with respect to matters falling under the following subparagraphs:
      • ① Guidance and counseling on petitions
      • ② Receipt, assortment, and adjustment in the process of receiving petitions
      • ③ Preliminary investigation of petitions and adjustment of works
      • ④ Handling of grievances
    Article 8 (Communications Team)
    1. The Director of the Communications Team shall be appointed as a public official and Director General, Director, or Grade IV in extraordinary civil service.
    2. The Director of the Communications Team shall assist the Secretary General with respect to matters falling under the following subparagraphs:
      • ① Public relations related to human rights policies for and cooperation with citizens, the media, and human rights-related organizations and agencies
      • ② Collection of opinions and identification of public relations tasks regarding human rights policies.
    Article 9 (Director of the Legal Affairs and Audit Team)
    1. The Director of Legal Affairs and Audit Team shall be appointed as a public official of the Director General or Director.
    2. The Director of the Legal Affairs and Audit Team shall assist the Secretary General with respect to responsibilities falling under the following subparagraphs:
      • ① Drafting rules, directives, regulations and guidelines related to the Commission and consideration and consultation thereon
      • ② General operation of matters related to lawsuits and administrative appeals
      • ③ Responses to questions on legislations under the Commission’s jurisdiction, and other matters related to legal affairs
      • ④ Analysis of decisions and conciliation cases of the Commission .
      • ⑤ Internal audit of the Commission and its affiliates
      • ⑥ Operation of Disciplinary Committee and investigation on the disciplinary cases
      • ⑦ Establishing and supporting preventative activities regarding conduct and duties that are subject to audit
      • ⑧ Other matters ordered by the Chairpersons and the Secretary General regarding the audit
    Article 10 (Administrative Support Team)
    1. The Director of the Administrative Support Team shall be appointed as a public official of the Director General, Director or Administrative Deputy Director.
    2. The Director of the Administrative Support Team shall take charge of matters falling under the following subparagraphs:
      • ① Management of materials and the official seal
      • ② Purchase, procurement, and management of supplies
      • ③ Operation, settlement, and accounting of revenue and expenditure budget
      • ④ Management of proceedings, schedules, and agenda of the Commission
      • ⑤ Management of security tasks, preparation for emergencies, and reserved and civil defense forces in operation
      • ⑥ Other matters that do not belong to the jurisdiction of other departments
    Article 11 (Human Rights Policy Bureau)
    1. The Policy Coordination Team, International Cooperation Team, and Human Rights Research Team shall be established under the Human Rights Policy Bureau.
    2. The Director of the Human Rights Policy Bureau shall be appointed as a general public official who belongs to the Senior Civil Service, and the head of each team shall be appointed as a Director General, Director, Administrative Deputy Director or Grade IV in extraordinary civil service. <Amended on June 30, 2006>
    3. The Director of the Policy Coordination Team shall take charge of matters falling under the following subparagraphs:
      • ① Establishment and coordination of mid- and long-term policies and strategies of the Commission
      • ② Analysis and evaluation of the exercise of human rights policies
      • ③ Overall control of researches, studies, and improvements of legislation, institutions, policies, and practices related to human rights
      • ④ Reports to the President of the Republic of Korea and the National Assembly on measures for improving the current human rights situation
    4. The Director of the International Cooperation Team shall take charge of matters falling under the following subparagraphs:
      • ① Research, analysis and domestic implementation of domestic human rights treaties and standards and recommendations of international human rights organizations
      • ② Research and opinion presentation on the signing and implementation of international human rights treaties
      • ③ Exchange and cooperation with international human rights organizations and human rights organizations and entities
    5. The Director of the Human Rights Research Team shall take charge of matters falling under the following subparagraphs:
      • ① Research, studies, and improvements of legislation, institutions, policies, and practices concerning basic social rights and mid- and long-term pending human rights issues
      • ② Research requests and joint research projects with research institutes and research organizations holding vested government interests
      • ③ Exchange and cooperation with human rights-related research institutes and experts
    Article 12 (Administration and Planning Bureau)
    1. The Human Resources Team, Finance and Planning Team, and Information Management Team shall be established under the Administration and Planning Bureau.
    2. The Director of the Administration and Planning Bureau shall be appointed as a general public official who belongs to the Senior Civil Service, the Director of the Human Resources Team and Finance and Planning Team shall be appointed as Director General, Director, and Administrative Deputy Director, and the head of the Information Management Team shall be appointed as a Director General, Director, Administrative Deputy Director, Deputy Director for Computer Management or Grade IV in extraordinary civil service. <Amended on June 30, 2006>
    3. The Director of the Human Resources Team shall take charge of matters falling under the following subparagraphs:
      • ① Overall control, coordination and assistance of innovation tasks of the Commission
      • ② Research on and planning of measures to increase effectiveness in the organization and personnel management of the Commission
      • ③ Appointment and service of staff members, performance management, education training and other human resources undertakings
      • ④ Management of the organization and prescribed number of the Commission
    4. The Director of the Finance and Planning Team shall take charge of matters falling under the following subparagraphs:
      • ① Establishment, combination, and coordination of major task plans
      • ② Draw-up of the budget and coordination of its execution
      • ③ Overall control and coordination of duties related to the National Assembly
      • ④ Establishment of mid- and long-term finance operation plans
    5. The Director of the Information Management Team shall take charge of matters falling under the following subparagraphs:
      • ① Building, management, and operation of the website and the administrative information system of the Commission
      • ② System improvements related to Information Technology and information and communication security
    Article 13 (Investigation and Remedy Bureau)
    1. The Investigation and Remedy Coordination Team, Investigation and Remedy Team 1, Investigation and Remedy Team 2, and Investigation and Remedy Team 3 shall be established under the Investigation and Remedy Bureau.
    2. CThe Director of the Investigation and Remedy Bureau shall be appointed as a general public official who belongs to the Senior Civil Service, and the head of each team shall be appointed as a Director General, Director, Administrative Deputy Director, or Grade IV in extraordinary civil service. (Amended on June 30, 2006)
    3. 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.
      • ① Establishment, overall control, and coordination of basic plans related to violation rectification
      • ② Research on and improvement of investigative procedures and skills related to violation rectification
      • ③ Maintenance and management of statistics on research related to violation rectification and its redress
      • ④ Other matters related to human rights violations that do not fall under the jurisdiction of other teams in the said department and shall fall under the following subparagraphs:
        • Investigation and rectification of petitions
        • Research on improvement of legislations, institutions, policies, and practices, and presentation of recommendations and opinions of the Commission related to investigation of petitions and redress
        • Domestic and international cooperation related to investigation of petitions and redress
        • ecommendations on urgent relief measures, conciliation, requests for legal aid, reward payments to persons who provide information, and protective measures for petitioners and witnesses related to investigation of petitions
    4. The Director of the Investigation and Remedy Team 1 shall take charge of matters, with respect to human rights violations in the Public Prosecutor’s Office, the Police, National Intelligence Service, the Special Judicial Police, the Military Police, the Military Prosecutor’s Office, Defense Security Command, the Military Prison, the Military Holding Centers, and other military organizations, falling under the following subparagraphs:
      • ① Investigation of petitions and redress
      • ② Research on improvements for legislation, institutions, policies, and practices, and presentation of recommendations and opinions of the Commission related to investigation and rectification of petitions
      • ③ Domestic and international cooperation related to investigation of petitions and redress
      • ④ Recommendations for urgent relief measures, conciliation, request for legal aid, reward payments to persons who provide information, protective measures for petitioners and witnesses related to investigation of petitions
    5. The Director of the Investigation and Remedy Team 2 shall take charge of matters, with respect to human rights violations in corrective and detention facilities (excluding detention facilities related to the Military under the provisions of paragraph 4), falling under the following subparagraphs:
      • ① Investigation of petitions and redress
      • ② Research on improvements for legislation, institutions, policies, and practices, and presentation of recommendations and opinions of the Commission related to investigation of petitions and redress
      • ③ Domestic and international cooperation related to investigation of petitions
      • ④ Recommendations of urgent relief measures, conciliation, request for legal aid, rewards payment to persons who provide information, protective measures to petitioners and witnesses related to investigation of petitions
    6. The Director of Investigation and Remedy Team 3 shall take charge of matters, with respect to human rights violations in group protective facilities (excluding human rights violations against foreigners), falling under the following subparagraphs: (Amended on June 21, 2007)
      • ① Investigation of petitions and redress
      • ② Research on improvements for legislation, institutions, policies, and practices, and presentation of recommendations and opinions of the Commission related to investigation of petitions
      • ③ Domestic and international cooperation related to investigation of petitions
      • ④ Recommendations of urgent relief measures, conciliation, request for legal aid, rewards payment to persons who provide information, protective measures to petitioners and witnesses related to investigation of petitions
    Article 14 (Anti-Discrimination Bureau)
    1. The Anti-Discrimination Coordination Team, Gender Discrimination Team, Disability Discrimination Team, Social Status and Age Discrimination Team, and Migrants Fights Team shall be established under the Anti-Discrimination Bureau. <Amended on June 21, 2007>
    2. The Director of the Anti-Discrimination Bureau shall be appointed as a general public official who belongs to the Senior Civil Service, and the head of each team shall be appointed as a Director General, Director, Administrative Deputy Director, or Grade IV in extraordinary civil service. <Amended on June 30, 2006>
    3. The Director of the Anti-Discrimination Coordination Team shall take charge of matters falling under the following subparagraphs: <Amended on June 21, 2007>
      • ① Establishment, overall control, and coordination of basic plans related to investigation and redress with respect to discrimination remedies
      • ② Research on and improvement of investigation procedures and skills related to discrimination remedies
      • ③ Maintenance and management of statistics on research and redress with respect to discrimination remedies
      • ④ Other matters regarding discriminatory acts that shall not fall under the jurisdiction of other teams in the said department and shall fall under the following subparagraphs:
        • Investigation of petitions and redress
        • Research on improvements for legislation, institutions, policies, and practices, and presentation of recommendations and opinions of the Commission related to investigation of petitions
        • Domestic and international cooperation related to investigation of petitions and redress
        • Recommendations for urgent relief measures, conciliation, request for legal aid, reward payments to persons who provide information, and protective measures for petitioners and witnesses related to investigation of petitions
    4. The Director of the Gender Discrimination Team shall take charge of matters, with respect to discriminatory acts on account of gender, marital status, pregnancy or birth, family status, sexual orientation, and appearance and other physical conditions, falling under the following subparagraphs:
      • ① Investigation of petitions and redress
      • ② Research on improvements for legislation, institutions, policies, and practices, and presentation of recommendations and opinions of the Commission related to investigation of petitions and redress
      • ③ Domestic and international cooperation related to investigation of petitions and redress
      • ④ Recommendations for urgent relief measures, conciliation, request for legal aid, reward payments to persons who provide information, and protective measures for petitioners and witnesses related to investigation of petitions
    5. The Director of the Disability Discrimination Team shall take charge of matters, with respect to discriminatory acts on account of disability or medical history, falling under the following subparagraphs:
      • ① Investigation of petitions and redress
      • ② Research on improvements of legislation, institutions, policies, and practices, and presentation of recommendations and opinions of the Commission related to investigation of petitions and redress
      • ③ Domestic and international cooperation related to investigation of petitions and redress
      • ④ Recommendations for urgent relief measures, conciliation, request for legal aid, rewards payment to persons who provide information, and protective measures for petitioners and witnesses related to investigation of petitions
    6. The Director of the Social Status and Age Discriminations Team shall take charge of matters, with respect to discriminatory acts on account of academic background, region of birth, age, social status, and criminal record, falling under the following subparagraphs: <Amended on June 21, 2007>
      • ① Investigation of petitions and redress
      • ② Research on improvements for legislation, institutions, policies, and practices, and presentation of recommendations and opinions of the Commission related to investigation of petitions and redress
      • ③ Domestic and international cooperation related to investigation of petitions and redress
      • ④ Recommendations for urgent relief measures, conciliation, request for legal aid, rewards payment to persons who provide information, and protective measures for petitioners and witnesses related to investigation of petitions
    7. The Director of the Migrants Rights Team shall take charge of matters, with respect to discriminatory acts on account of national origin, ethnic origin, race and skin color, falling under the following subparagraphs: <Amended on June 21, 2007>
      • ① Investigation of petitions and redress
      • ② Research on improvements for legislation, institutions, policies, and practices, and presentation of recommendations and opinions of the Commission related to investigation of petitions and redress
      • ③ Domestic and international cooperation related to investigation of petitions and redress
      • ④ Recommendations for urgent relief measures, conciliation, request for legal aid, rewards payment to persons who provide information, and protective measures for petitioners and witnesses related to investigation of petitions
    Article 15 (Human Rights Education Bureau)
    1. The School Education Team, Public Sector Education Team and Civil Education Team shall be established under the Human Rights Education Department.
    2. The Director of the Human Rights Education Bureau shall be appointed as a general or extraordinary public official who belongs to the Senior Civil Service, and the head of each team shall be appointed as a Director General, Director, Administrative Deputy Director, or Grade IV in extraordinary civil service. <Amended on June 30, 2006>
    3. The Director of the School Education Team shall take charge of matters falling under the following subparagraphs:
      • ① Planning of and cooperation for the establishment of basic plans related to human rights education and its execution
      • ② Research on improvements for legislation, institutions, policies, and practices, and presentation of recommendations and opinions of the Commission related to the enhancement of human rights education at school
      • ③ Domestic and International cooperation related to the enhancement of human rights education in schools
      • ④ Consultation with relevant entities on human rights education in schools and development and distribution of education materials
    4. The Director of the Public Sector Education Team shall take charge of matters falling under the following subparagraphs:
      • ① Research on improvements for legislation, institutions, policies and practices, and presentation of recommendations and opinions of the Commission related to the enhancement of human rights education in the public sector
      • ② Domestic and International cooperation related to the enhancement of human rights education in the public sector
      • ③ Consultation with relevant entities on human rights education in the public sector and development and distribution of education materials
    5. The Director of the Civil Education Team shall take charge of matters falling under the following subparagraphs:
      • ① Research on improvements for legislation, institutions, policies, and practices, and presentation of recommendations and opinions of the Commission related to the enhancement of human rights education for citizens
      • ② Domestic and International cooperation related to the enhancement of human rights education for citizens
      • ③ Consultation with relevant entities on human rights education for citizens and development and distribution of education materials
    Article 16 (Temporary Reorganization of Assigned Duties)
    1. The Chairperson may, if deemed necessary, temporarily assign portions of each department’s duties to other departments.
  • CHAPTER III. CENTER FOR HUMAN RIGHTS MATERIALS

    CHAPTER III_CENTER FOR HUMAN RIGHTS MATERIALS

    Article 17 (The Human Rights Library)
    1. One head shall be assigned to the Human Rights Library; the head shall be appointed as the Administrative Deputy Director or Librarian Deputy Director.
    2. The head of the Human Rights Library shall, under the direction of the Chairperson, take overall control of the affairs under his/her jurisdiction, and shall direct and supervise staff members.
    3. The head of the Human Rights Library shall take charge of matters falling under the following subparagraphs:
      • ① Research, collection, organization, analysis, and maintenance of information and materials on human rights
      • ② Perusal and lending of materials and information service in the Human Rights Library
      • ③ Management of documents and publications of the Commission
      • ④ Execution of requests for publishing information
      • ⑤ Exchange of human rights materials through cooperation with domestic and overseas libraries
  • CHAPTER Ⅳ. REGIONAL OFFICES

    CHAPTER IV_REGIONAL OFFICES

    Article 18 (Regional Offices)
    1. One head shall be assigned to each regional office, and the head shall be appointed as Grade IV or equivalent in extraordinary civil service.
    2. The head of a regional office shall, under the direction of the Secretary General, take control of the matters under his/her jurisdiction, and shall direct and supervise staff members.
    3. The head of a regional office shall take charge of matters falling under the following subparagraphs: <Amended on June 21, 2007>
      • ① Counseling on human rights violations and discriminatory acts and receipt of relevant petitions
      • ② Counseling on detention and protective facilities
      • ③ Basic on-site investigations redress for urgent rights violations and discriminatory acts
      • ④ Assistance of the Commission in its investigations
      • ⑤ Investigation on a case, prescribed by the Chairperson of the Commission, in which a detainee, in the detention and protective facility in the jurisdiction of said regional office, under Article 2 2 a of the Act, wants to file a petition face-to-face with a Commissioner or a member of the staff of the Commission
      • ⑥ Education and public relations on human rights and exchange and cooperation with relevant organizations and agencies
      • ⑦ Other matters with respect to the operation of a regional office
    Article 19 (Jurisdiction)
    1. The name, location and jurisdiction of regional offices are listed in the annexed Table 1.
  • CHAPTER Ⅴ. PRESCRIBED NUMBER OF MEMBERS

    CHAPTER V_PRESCRIBED NUMBER OF MEMBERS

    Article 20 (Prescribed Number of members of the Commission)
    1. The prescribed number of members of the Commission is as listed in the annexed Table 2.
    Article 21 (Prescribed Number of members of Center of Human Rights Materials)
    1. The prescribed number of members of the Center of Human Rights Materials is as listed in the annexed Table 3.
    Article 22 (Prescribed Number of members of regional offices)
    1. The prescribed number of members of regional offices is as listed in the annexed Table 4.
    Article 23 (Relationship)
    1. Under the provisions of Article 20 through Article 22, and annexed Table 2 through Table 4, 38 (three in Grade IV or V, 15 in Grade V, ten in Grade VI, ten in Grade VII) of the prescribed number of public officials in the Commission may be replaced with public officials in contractual service under Article 2 3 3 of the State Public Officials Act.
    Article 24 (Special Case on Positions in Open Service)
    1. The Director General of the Human Rights Policy Bureau may, notwithstanding the provisions of Article 11 2 and the annexed Table 2, be appointed as a public official in contractual service.
  • CHAPTER Ⅵ. ADDENDUM

    ADDENDUM (No 19228, December 30, 2005)

    This decree shall enter into force on the date of its promulgation.
    ADDENDA (Part of the Amendment Decree on the Organization of the Ministry of Finance and Economy and Its Affiliates in Accordance with the introduction of the system of the Senior Civil Service (No. 19596, June 30, 2006)

    Article 1 (Enforcement Date)
    1. This decree shall enter into force on July 1, 2006.
    Article 2 (Amendments of Other Acts)
    1. Part of the Enforcement Decree of the Act on the Establishment and Operation of Responsible Administrative Agencies shall be amended as follows: In annexed Table 1 2, the term “281 personnel” in the limitation of the total prescribed number of National Institute of Scientific Investigation shall be amended to “286 personnel.”

    ADDENDUM (No. 20098, June 21, 2007)

    This decree shall enter into force on July 1, 2007.
    [Table 1] (Amended on June 21, 2007)

    Name, Location and Jurisdiction of Regional Offices (Related to Article 19)

    Name, Location and Jurisdiction of Regional Offices
    Name Location Jurisdiction
    Busan Regional Office Of National
    Human Rights Commission
    Busan Busan, Ulsan and South Gyoungsang Province
    Gwangju Regional Office Of National
    Human Rights Commission
    Gwangju Gwangju, North Jeolla Province, South Jeolla Province,
    Jeju Special Self-Governing Province
    Daegu Regional Office Of National
    Human Rights Commission
    Daegu Daegu, North Gyoungsang Province

    [Table 2] (Amended on June 21, 2007)

    Prescribed Number of Members of the Commission (Related to Article 20)

    Prescribed Number of Members of the Commission
    Prescribed Number of Members of the Commission Count
    Total 184
    Total Public Officials in Political Service 4
    Chairperson (Grade of the Minister) 1
    Standing Commissioners (Grade of the Vice Minister) 3
    Total Public Officials in Extraordinary Civil Service 2
    The Senior Civil Service (Secretary General) 1
    Grade VI 1
    Total Public Officials in General Service 146
    The Senior Civil Service 4
    Public Officials in General Service or Extraordinary Civil Service Belonging to the Senior Civil Service 1
    Director General or Director 2
    Director 8
    Director or Grade IV in Extraordinary Civil Service 8
    Director, Technical Director or Grade IV in Extraordinary Civil Service 1
    Director or Administrative Deputy Director 11
    Administrative Deputy Director 30
    Administrative Deputy Director or Grade V in Extraordinary Civil Service 20
    Deputy Director for Computer Management 1
    Administrative Assistant Director 16
    Administrative Assistant Director or Grade VI in Extraordinary Civil Service 13
    Assistant Director for Computer Management 1
    Administrative Manager 22
    Administrative Manager or Grade VII in Extraordinary Civil Service 7
    Manager for Computer Management 1
    Total Public Officials in Technical Service 32
    Grade VII in Technical Service (Clerk) 2
    Grade VIII in Technical Service (Clerk) 4
    Grade IX in Technical Service (Clerk) 8
    Grade X in Technical Service (Clerk) 14
    Grade X in Technical Service (Driver) 4

    [Table 3]

    Prescribed Number of Members of Human Rights Library (Related to Article 21)

    Prescribed Number of Members of Human Rights Library
    Prescribed Number of Members of Human Rights Library Count
    The Total 6
    Total Public Officials in Political Service 5
    Administrative Deputy Director or Librarian Deputy Director 1
    Administrative Manager or Librarian Manager 1
    Administrative Manager or Librarian Manager 2
    Document Researcher 1
    Total Public Officials in Technical Service 1
    Grade IX Clerk 1

    [Table 4] (Amended on June 21, 2007)

    Prescribed Number of Members of Regional Offices (Related to Article 22)

    Prescribed Number of Members of Regional Offices
    Prescribed Number of Members of Regional Offices Count
    Total 18
    Total Public Officials in Political Service 18
    Director or Public Officials in Extraordinary Civil Service (Grade IV) 3
    Administrative Deputy Director or Public Officials in Extraordinary Civil Service (Grade VI) 3
    Administrative Manager or Public Official in Extraordinary Civil Service (Grade VII) 6
    Administrative Clerical Staff or Public Official in Extraordinary Civil Service (Grade VIII) 3
    Administrative Clerical Assistant Staff or Public Official in Extraordinary Civil Service (Grade IX) 3
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