2021 National Human Rights Commission of Korea The Report on Human Rights Situation in the Republic of Korea
CONTENTS
Part 1
Status of Korea’s Human Rights in 2021 = 1
Ⅰ. Introduction = 3
Ⅱ. Korea’s Human Rights Status 2021:
Focusing on People’s Awareness = 5
Part 2
Main Human Rights Status and Assessment 2021 = 10
Ⅰ. Guaranteeing the Fundamental Human Freedoms = 13
1. Right to Life and Personal Liberty = 13
A. Human Rights Status 2021 = 13
B. Main Topics = 15
1) Discussions on the Abolition of the Death Penalty = 15
2) Problems with the Use of Protective Gear at the Immigration Detention Center and Long-Term Detention = 20
3) Police’s Insufficient Crime Prevention and Victim Protection = 25
4) Court Ruling on Japanese Military ‘Comfort Women’ and Controversy over Distorting History = 29
5) Controversy of School Violence in Sports and ‘Violent Control’ = 34
2. Freedom of Expression = 39
A. Human Rights Status 2021 = 39
B. Main Topics = 41
1) Discussion of the Abolition of Article 7 of the [National Security Act] = 41
2) Fake News and Controversy on the Proposed Amendment to the Act on Press Arbitration and Remedies for Damage
Caused by Press Reports = 45
3) Controversy on the Decriminalization of Contempt = 50
3. Privacy and the Right to Self-Determination of Personal Information = 54
A. Human Rights Status 2021 = 54
B. Main Topics = 56
1) Controversy over Providing Communications Data by Investigation Agencies Under the
[Telecommunications Business Act] = 56
2) Human Rights Violations Controversy on Facial Recognition of CCTV in Public Locations = 61
3) Controversy Over Using the Right to Data Portability = 65
Ⅱ. Respecting the Dignity and Value of Diverse Members of Society = 69
1. Efforts in Responding to Hatred and Discrimination = 69
A. Human Rights Status 2021 = 69
B. Efforts to Resolve Discrimination Against LGBTQ = 71
C. Main Topics = 74
1) Efforts to Enact the Comprehensive Anti-Discrimination Act = 74
2) Hate Speech Towards LGBTQ = 78
3) Opposition and Hatred of Islam Mosques and Residential Facilities for the Disabled People = 82
2. Persons with Disabilities = 88
A. Human Rights Status 2021 = 88
B. Main Topics = 90
1) Repeated Cases of Abuse of Persons with Disabilities within Facilities = 90
2) Process of Implementing the Deinstitutionalization of Persons with Disabilities = 94
3) Discussion on Expanding the Abolition of Medical Benefits for the Obligatory Providers and de Facto
Abolition of the Disabilities Grading System = 98
4) Right to Mobility and the Right to the Digital Access of Persons with Disabilities = 102
5) Human Rights Violations and Discrimination in the Case of Labor Exploitation of Persons with
Developmental Disabilities = 106
3. Migrants and Refugees = 111
A. Human Rights Status 2021 = 111
B. Main Topics = 114
1) Entry of Afghan Refugees and Limitations on the Supporting Process = 114
2) Issues with the Employment Permit System and Restricting the Migrant Workers from the Changing
Workplace = 118
3) Unstable Status of Undocumented Migrant Children and Granting of the Sojourn Status = 123
4. Women = 128
A. Human Rights Status 2021 = 128
B. Main Topics = 130
1) Stigma of Being a Feminist and Decline in Women’s Rights = 130
2) Implementation of the Act on the Punishment of Stalking Crimes = 133
3) Workplace Sexual Harassment and Sexist Hiring Practices = 137
5. Children and Adolescents = 141
A. Human Rights Status 2021 = 141
B. Main Topics = 144
1) Child Abuse Cases and the Immediate Separation System = 144
2) Death of a Student During Practical Training and the Practical Training System = 148
3) Law Breaching Minors and Juvenile Justice System = 152
4) Decision to Not Recognize the Admissibility of Evidence for the Recorded Statements Made by a Sexual Violence Victim Under the Age of 19 = 155
6. Elderly = 159
A. Human Rights Status 2021 = 159
B. Main Topics = 161
1) Elderly Poverty and Elderly Employment Programs = 161
2) Public Nature of Caring for the Elderly people = 165
3) Sharp Increase of Elderly Abuse = 169
7. Soldiers = 173
A. Human Rights Status 2021 = 173
B. Main Topics = 175
1) Death of Soldiers Who Were Victims of Sexual Crimes = 175
2) Dismissal and the Death of a Transgender Soldier = 179
3) Providing Inadequate Meals at Army Training Centers and Excessive Restrictions on Daily Lives = 183
4) Amendment of the Military Court Act and the Modification of Jurisdiction = 187
5) Establishing the Military Human Rights Protector = 191
Ⅲ. A World That Protects Labor = 195
1. Changes and Limitations of Labor Laws = 195
A. Human Rights Status 2021 = 195
B. Main Topics = 197
1) Enactment and Limitations of Serious Accidents Punishment Act = 197
2) Ratification of the ILO’s Core Conventions and Limitations on Amending the Labor Laws = 203
3) Platform Workers and Legal Blind Spots = 207
4) Outsourcing the Risks and Repeated Industrial Accidents of Contract Workers = 212
2. Human Rights Violations Within Workplaces = 217
A. Human Rights Status 2021 = 217
B. Main Topics = 218
1) Ignoring Safety at Workplaces = 218
2) Long Working Hours and the Problems of Death Caused by Overwork = 221
3) Workplace Harassment = 226
4) Problem of Electronic Surveillance of the Workplaces = 230
Ⅳ. Establishing a Foundation for a Better Society in the Future = 235
1. Artificial Intelligence (AI) and Human Rights = 235
A. Human Rights Status 2021 = 235
B. Main Topics = 237
1) Actualization of Discrimination and Hatred by Artificial Intelligence, Such as the Chatbot ‘Lee Luda Incident’ = 237
2) Controversy on Fairness and the Transparency of Using AI for Interviews = 241
3) Artificial Intelligence Related Laws, Regulations and Guidelines = 244
2. Corporations and Human Rights = 248
A. Human Rights Status 2021 = 248
B. Main Topics = 250
1) Expanding the Introduction of ESG and Limitations = 250
2) Human Rights Violations of Korean Companies Overseas = 253
3. Local Governments and Human Rights Organizations = 257
4. Human Rights Education = 261
Ⅴ. COVID-19 and Human Rights = 268
1. Human Rights Status 2021 = 268
2. Main Topics = 270
A. K-Quarantine and Personal Information Protection = 270
B. Controversy Over Discrimination and Coercion in PCR Tests and Vaccination = 275
C. Overload of the Public Medical System and Medical Vacuum = 280
D. Restricting the Assemblies on the Grounds of Disease Control = 284
E. Isolation of Vulnerable Classes Under COVID-19 = 289
F. Human Rights of COVID-19 Decedents and Their Families = 295
G. Damage to Small Business Owners From the Measures Restricting Business Operations = 300
H. Issues of Overcrowding and Crisis Responses from the Mass Infections at Detention Facilities = 305
I. Cohort Isolation of Social Welfare Facilities and Mental Health Institutions = 310
J. Restricting the Rights Within Social Welfare Facilities and Mental Health Institutions for Disease Control Reasons = 316
Ⅵ. Human Rights in North Korea = 321
1. The Concept of Human Rights in North Korea and the Approaches = 321
2. Main Topics = 323
A. COVID-19 and the Human Rights Status of North Korean Residents = 323
B. Regulating the Distribution of Propaganda Leaflets to North Korea and Collision of Perspectives = 327
C. North Korean Human Rights Act and Laws and Systems Related to North Korean Human Rights = 332
D. Status and limitations of North Korean Defectors Support Programs = 336
Part 3
Looking Back to the Principles of Human Rights in 2021 = 340
CONTENTS
Part 1
Status of Korea’s Human Rights in 2021 = 1
Ⅰ. Introduction = 3
Ⅱ. Korea’s Human Rights Status 2021:
Focusing on People’s Awareness = 5
Part 2
Main Human Rights Status and Assessment 2021 = 10
Ⅰ. Guaranteeing the Fundamental Human Freedoms = 13
1. Right to Life and Personal Liberty = 13
A. Human Rights Status 2021 = 13
B. Main Topics = 15
1) Discussions on the Abolition of the Death Penalty = 15
2) Problems with the Use of Protective Gear at the Immigration Detention Center and Long-Term Detention = 20
3) Police’s Insufficient Crime Prevention and Victim Protection = 25
4) Court Ruling on Japanese Military ‘Comfort Women’ and Controversy over Distorting History = 29
5) Controversy of School Violence in Sports and ‘Violent Control’ = 34
2. Freedom of Expression = 39
A. Human Rights Status 2021 = 39
B. Main Topics = 41
1) Discussion of the Abolition of Article 7 of the [National Security Act] = 41
2) Fake News and Controversy on the Proposed Amendment to the Act on Press Arbitration and Remedies for Damage
Caused by Press Reports = 45
3) Controversy on the Decriminalization of Contempt = 50
3. Privacy and the Right to Self-Determination of Personal Information = 54
A. Human Rights Status 2021 = 54
B. Main Topics = 56
1) Controversy over Providing Communications Data by Investigation Agencies Under the
[Telecommunications Business Act] = 56
2) Human Rights Violations Controversy on Facial Recognition of CCTV in Public Locations = 61
3) Controversy Over Using the Right to Data Portability = 65
Ⅱ. Respecting the Dignity and Value of Diverse Members of Society = 69
1. Efforts in Responding to Hatred and Discrimination = 69
A. Human Rights Status 2021 = 69
B. Efforts to Resolve Discrimination Against LGBTQ = 71
C. Main Topics = 74
1) Efforts to Enact the Comprehensive Anti-Discrimination Act = 74
2) Hate Speech Towards LGBTQ = 78
3) Opposition and Hatred of Islam Mosques and Residential Facilities for the Disabled People = 82
2. Persons with Disabilities = 88
A. Human Rights Status 2021 = 88
B. Main Topics = 90
1) Repeated Cases of Abuse of Persons with Disabilities within Facilities = 90
2) Process of Implementing the Deinstitutionalization of Persons with Disabilities = 94
3) Discussion on Expanding the Abolition of Medical Benefits for the Obligatory Providers and de Facto
Abolition of the Disabilities Grading System = 98
4) Right to Mobility and the Right to the Digital Access of Persons with Disabilities = 102
5) Human Rights Violations and Discrimination in the Case of Labor Exploitation of Persons with
Developmental Disabilities = 106
3. Migrants and Refugees = 111
A. Human Rights Status 2021 = 111
B. Main Topics = 114
1) Entry of Afghan Refugees and Limitations on the Supporting Process = 114
2) Issues with the Employment Permit System and Restricting the Migrant Workers from the Changing
Workplace = 118
3) Unstable Status of Undocumented Migrant Children and Granting of the Sojourn Status = 123
4. Women = 128
A. Human Rights Status 2021 = 128
B. Main Topics = 130
1) Stigma of Being a Feminist and Decline in Women’s Rights = 130
2) Implementation of the Act on the Punishment of Stalking Crimes = 133
3) Workplace Sexual Harassment and Sexist Hiring Practices = 137
5. Children and Adolescents = 141
A. Human Rights Status 2021 = 141
B. Main Topics = 144
1) Child Abuse Cases and the Immediate Separation System = 144
2) Death of a Student During Practical Training and the Practical Training System = 148
3) Law Breaching Minors and Juvenile Justice System = 152
4) Decision to Not Recognize the Admissibility of Evidence for the Recorded Statements Made by a Sexual Violence Victim Under the Age of 19 = 155
6. Elderly = 159
A. Human Rights Status 2021 = 159
B. Main Topics = 161
1) Elderly Poverty and Elderly Employment Programs = 161
2) Public Nature of Caring for the Elderly people = 165
3) Sharp Increase of Elderly Abuse = 169
7. Soldiers = 173
A. Human Rights Status 2021 = 173
B. Main Topics = 175
1) Death of Soldiers Who Were Victims of Sexual Crimes = 175
2) Dismissal and the Death of a Transgender Soldier = 179
3) Providing Inadequate Meals at Army Training Centers and Excessive Restrictions on Daily Lives = 183
4) Amendment of the Military Court Act and the Modification of Jurisdiction = 187
5) Establishing the Military Human Rights Protector = 191
Ⅲ. A World That Protects Labor = 195
1. Changes and Limitations of Labor Laws = 195
A. Human Rights Status 2021 = 195
B. Main Topics = 197
1) Enactment and Limitations of Serious Accidents Punishment Act = 197
2) Ratification of the ILO’s Core Conventions and Limitations on Amending the Labor Laws = 203
3) Platform Workers and Legal Blind Spots = 207
4) Outsourcing the Risks and Repeated Industrial Accidents of Contract Workers = 212
2. Human Rights Violations Within Workplaces = 217
A. Human Rights Status 2021 = 217
B. Main Topics = 218
1) Ignoring Safety at Workplaces = 218
2) Long Working Hours and the Problems of Death Caused by Overwork = 221
3) Workplace Harassment = 226
4) Problem of Electronic Surveillance of the Workplaces = 230
Ⅳ. Establishing a Foundation for a Better Society in the Future = 235
1. Artificial Intelligence (AI) and Human Rights = 235
A. Human Rights Status 2021 = 235
B. Main Topics = 237
1) Actualization of Discrimination and Hatred by Artificial Intelligence, Such as the Chatbot ‘Lee Luda Incident’ = 237
2) Controversy on Fairness and the Transparency of Using AI for Interviews = 241
3) Artificial Intelligence Related Laws, Regulations and Guidelines = 244
2. Corporations and Human Rights = 248
A. Human Rights Status 2021 = 248
B. Main Topics = 250
1) Expanding the Introduction of ESG and Limitations = 250
2) Human Rights Violations of Korean Companies Overseas = 253
3. Local Governments and Human Rights Organizations = 257
4. Human Rights Education = 261
Ⅴ. COVID-19 and Human Rights = 268
1. Human Rights Status 2021 = 268
2. Main Topics = 270
A. K-Quarantine and Personal Information Protection = 270
B. Controversy Over Discrimination and Coercion in PCR Tests and Vaccination = 275
C. Overload of the Public Medical System and Medical Vacuum = 280
D. Restricting the Assemblies on the Grounds of Disease Control = 284
E. Isolation of Vulnerable Classes Under COVID-19 = 289
F. Human Rights of COVID-19 Decedents and Their Families = 295
G. Damage to Small Business Owners From the Measures Restricting Business Operations = 300
H. Issues of Overcrowding and Crisis Responses from the Mass Infections at Detention Facilities = 305
I. Cohort Isolation of Social Welfare Facilities and Mental Health Institutions = 310
J. Restricting the Rights Within Social Welfare Facilities and Mental Health Institutions for Disease Control Reasons = 316
Ⅵ. Human Rights in North Korea = 321
1. The Concept of Human Rights in North Korea and the Approaches = 321
2. Main Topics = 323
A. COVID-19 and the Human Rights Status of North Korean Residents = 323
B. Regulating the Distribution of Propaganda Leaflets to North Korea and Collision of Perspectives = 327
C. North Korean Human Rights Act and Laws and Systems Related to North Korean Human Rights = 332
D. Status and limitations of North Korean Defectors Support Programs = 336
Part 3
Looking Back to the Principles of Human Rights in 2021 = 340