o The National Human Rights Commission of Korea concluded that requiring heads of public institutions to receive compliance pledge from public officers under the Improper Solicitation and Graft Act and its Enforcement Decree is in violation of the principle of proportionality and the right to freedom of conscience and recommended to head of the Anti-Corruption and Civil Rights Commission to remove the related provision.
o Three complainants including Mr. Han filed a complaint to the NHRCK in September 2016 saying that requiring a mandatory compliance pledge every year under the Improper Solicitation and Graft Act is in violation of the right to freedom of conscience.
o The NHRCK rejected the case as it was related to legislation but considered reviewing related legislation as requiring a written oath every year could infringe upon basic rights including the right to freedom of conscience prescribed under the Constitution.
o The respondent, Anti-Corruption and Civil Rights Commission, claimed that it is hard to see that the provision concerned violates the right to freedom of conscience for the following three reasons. First, the written oath is a mere confirmation or oath promising to abide by the anti-corruption act. Second, the responsibility to receive such oath is given to only heads of public institutions. Third, no legal penalty is given when people do not submit the written oath and thus it is not compulsory.
o However, the Commission concluded that the provision would force public officials to submit the written oath regardless of their will because when they do not submit such oath, they might receive disadvantages pursuant to regulation on penalty of the intuitions they belong to.
o The right to freedom of conscience means not only people’s right to decide on their own what is right or wrong but also their right to remain silence and not to express their conscience.
