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Processing, methods or periods do not differ in the way the registration of a complaint was made. A petitioner may register a complaint in the most convenient and fastest way he/she prefers.
If a criminal investigation on a case that has been filed with the Commission commences, the Commission should transfer the case to the criminal investigation agency. However, the Commission continues to have the investigatory right over the case, even if the victim has brought civil action or made a petition to the
Investigations made by the police and the prosecution office are made with the end of exacting punishment on the suspect once guilt on his/her part has been proven. Thus, offering any remedial measures to the victim is not its direct purpose. Although the investigation made by the Commission may lead to the prosecution of the respondent, its purpose aims to recover the victim’s rights and obtaining remedies to damages by conducting reconciliation between the parties, and other appropriate measures as dictated by the legal system. In other words, compared to criminal investigations, investigations made by the Commission provide “a faster, cheaper, and more approachable” procedure that is conducted within a non-compulsory arrangement.
The Commission has the option of suggesting remedial measures or reaching a mutual agreement between the parties concerned. If an agreement is not reached, the matter goes through the conciliatory process, conducted by the conciliation committee. If a compromise between the parties is not reached during this stage, then the conciliation committee may decide to either have the human rights violation discontinued; take measures to prevent the recurrence of such violations; have the offending party compensate for damages; or suggest other remedial measures. When an agreement is not reached in the course of the conciliation procedures or if any party concerned objects to the decision made in lieu of the conciliation, the Commission (consisting of full commissioners) will decide on the remedial measures that the victim should receive.
Although investigations, conciliations, or deliberations, by principle, usually proceed in a confidential manner, the Commission may open the case to the public if deemed necessary. Likewise, the Commission may make public the contents of the investigation and the conciliation, its end results, recommendations and the implementing actions taken by the relevant institutions. This excludes cases wherein such publication is restricted by other laws or where an invasion of privacy is involved.
This is not necessary, but it is better to have the person most knowledgeable on the case (the petitioner or the victim) attend the Commission and state the case in detail.
Not necessarily. A complaint can be made by clearly writing down and submitting information on what is being petitioned, name of the petitioner, resident registration number, address and contact information of the petitioner, and the name of the respondent. However, if a standard petition form provided by the Commission were used, all other important information should not be missed. Thus, it is better to use the standard petition form to help facilitate a more prompt processing of the case. The procedure may suffer delay if any important information is missed.
The victim may file a complaint personally. A third party (an individual or a group) who has witnessed or is aware of the damages caused by the offense may file a petition on behalf of the victim as well.
A third party who is aware of the offense inflicted on the affected person may file a complaint with the Commission on behalf of the victim, even without the victim’s approval or consent. But if the victim opposes the succeeding procedures and makes it clear that he/she does not want the investigation to proceed, the Commission will have to cease investigation and reject the complaint.
“Protective facility for many persons” refers to the following facilities:
1. Welfare Facility for Children: Children rearing facilities, temporary protection facilities for children, protection and treatment facilities for children, vocational training facilities for children, support facilities for the independence of children, and short-term protection facilities for children, as set forth under Articles 16(1)1 to 16(1)6 of the Children’s Welfare Act.
2. Welfare Facility for Persons with Disabilities: Convenience facilities for persons with disabilities in accordance with Article 48(1)1 of the Welfare Act for Persons with Disabilities.
3. Mental Health Facility: Psychiatric facilities (limited to those places equipped with custodial facilities), rehabilitation center for mental patients, and mental recuperation facilities, as set forth in Articles 3(3) to 3(5) of the Mental Health Act.
4. Welfare Facility for the Poor/Homeless; Social welfare facilities created for the protection and rehabilitation of the poor/homeless under Article 34(1) or (2) of the Social Welfare Business Act.
5. Welfare Facility for the Elderly: (1) Housing welfare facilities for the elderly, including elderly homes, and elderly homes operated at cost under Article 32(1)1 and 32(1)2 of the Welfare Act for the Elderly; (2) Medical welfare facilities for the elderly: recuperation facilities for the elderly and recuperation facilities operated at cost under Article 34(1)1 and 34(1)2 of the Welfare Act for the Elderly.
6. Welfare Facility for Sex Workers: Temporary protection facilities, guidance and protection facilities and independence and self-reliance facilities under Articles 11(1)1 to 11(1)3 of the Prevention Act of Prostitution.
Protection Facility: Facilities
established for businesses focusing on rehabilitation and protection (limited to
those places equipped with custodial facilities) by a person with a permit to
conduct such business, in accordance with Article 67 of the Act on Protection