2022 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 2022 1
I. Introduction 2
II. Korea’s Human Rights Status 2022: Focusing on People’s Awareness 4
Part 2.
Main Human Rights Status and Assessment 2022
I. Guaranteeing the Fundamental Human Freedoms
1. Human Dignity, Value and Right to Life
A. Human Rights Status 2022 12
B. Main Topics
1) The Itaewon Crowd Crush on October 29 ― Social Disasters and the Duties of the State 14
2) Truth Investigation of the State Violence Cases and Future Tasks 19
3) Issues of Lonely Deaths in Welfare Blind Spots 24
4) Trends in Suicide Rates and Problems with the Suicide Prevention System 28
2. Right to Self-Determination
A. Human Rights Status 2022 34
B. Main Topics
1) Proposal for the Assisted Death with Dignity Act and Discussion on the Physician-Assisted Suicide System 36
2) Safe Abortion and Reproductive Rights for Women 41
3) Implementation and Abolition of COVID-19 Related Quarantine Pass Policies 45
3. Freedom of Expression, Freedom of Assembly and Demonstration
A. Human Rights Status 2022 51
B. Main Topics
1) Controversy Related to Reports on the Satirical Works of the Bucheon International Comics Festival and Overseas Travel 53
2) Unconstitutionality of Article 103(3) of the Public Official Election Act and Freedom of Expression of Voters 57
3) No Assembly Zone and the Current Status of the Amendment to the “Assembly and Demonstration Act” 62
II. Respecting the Dignity and Value of Diverse Members of Society
1. Persons with Disabilities
A. Human Rights Status 2022 68
B. Main Topics
1) Protests to Secure Budget for the Rights of the Persons with Disabilities and Deinstitutionalization 70
2) Issues with the System that Protects the Rights of the People with Developmental Disabilities 74
3) Providing Voting Assistance for the Persons with Developmental Disabilities and Suffrage 79
4) Status and Challenges of Abuse of the Persons with Disabilities 83
2. Migrants and Refugees
A. Human Rights Status 2022 87
B. Main Topics
1) Russia-Ukraine War and the Issues of Accepting and Protecting the War Refugees 89
2) Poor Living Conditions for Migrant Agricultural Workers and Countermeasures 94
3) Changes and Limitations Related to Protective Equipment and Treatment at Immigration Detention Centers 100
3. Women
A. Human Rights Status 2022 106
B. Main Topics
1) Controversy Over the Abolition of the Ministry of Gender Equality and Family 107
2) ‘Sindang Station Murder Case,’ Stalking Damages and Act on the Punishment of Stalking Crimes 110
3) Implementation and Limitations of the Act on the Employment Improvement of Domestic Workers 114
4. Children and Adolescents
A. Human Rights Status 2022 119
B. Main Topics
1) “Filicide-Suicide” From the Perspective of Child Abuse 121
2) Law Breaching Minors and the Issues of Lowering the Age of Criminal Liability 125
3) Protection Policies and Realities of Youths Preparing for Independence (Children Discharged from Out-of-Home Care) 129
4) ‘Case of L,’ Sexual Crimes Against Children and Adolescents in the Digital Age 134
5) Raising the Problem of Human Rights Violations of Children During the Process of Overseas Adoption and the Direction of Improvements 139
5. Elderly
A. Human Rights Status 2022 143
B. Main Topics
1) Status of Elder Abuse and Elder Abuse by Families 146
2) The Issue of Elderly Digital Divide in a Digital Society 150
3) Elderly Traffic Accident Prevention System and Elderly Protection Zones 154
6. Soldiers
A. Human Rights Status 2022 159
B. Main Topics
1) Status and the Cause of Irregularities in the Army 161
2) Status and Measures Against Suicides in the Military 165
3) Discussions on Improving the System to Protect the Diversity and Human Rights in the Military 170
4) Military Medical Accidents and the Conditions of the Military Medical System 175
7. LGBTI
A. Human Rights Status 2022 180
B. Main Topics
1) Changes in the Supreme Court Precedent and Challenges On Article 92-6 of the Military Criminal Act 182
2) Discriminatory Administration Related to LGBTI Events 187
3) Discussion of Transgender Gender Recognition Criteria 192
8. Responding to Hatred and Discrimination Against Diverse Members of the Society
A. Human Rights Status 2022 196
B. Main Topics
1) Diversity in Family Types: Problems and Controversy over the Framework Act on Healthy Families 198
2) Stigma and Discrimination Against People Living with HIV 203
3) Hate Speeches During the Election Process 207
III. A World That Protects Labor
1. Protecting the Right to Labor
A. Human Rights Status 2022 212
B. Main Topics
1) Initiatives and Issues on the Proposed Amendment to
the Trade Union Act (Yellow Envelope Act) 214
2) Controversy Over Orders for Commencement of Business Operations Under the Trucking Transport Business Act 220
3) Significance of the Supreme Court Ruling on the Wage Peak System 225
4) The Right to Rest When Sick: Introduction of a Pilot Korean Sickness Allowance 230
2. Human Rights Violations in the Workplace
A. Human Rights Status 2022 236
B. Main Topics
1) Human Rights of Nurses Under COVID-19 Situation 237
2) College Student’s Lawsuit Against Labor Dispute of College Cleaning Workers 241
3) Problems with Night Work of Workers at Logistics Centers 246
4) Restrictions on Toilet Use at Work for Construction Workers, Etc. 250
IV. Establishing a Foundation for a Better Society in the Future
1. Criminal Justice System and Human Rights
A. Human Rights Status 2022 254
B. Main Topics
1) Controversy Over Adjustment of Investigative Powers and Problems with Investigation Procedures for Human Rights Protection 256
2) ‘War on Drugs’ and the Rehabilitation and Treatment of Drug Addicts 262
3) Conditions and Problems of Overcrowding in Prisons 266
2. Human Rights Protection System
A. Human Rights Status 2022 271
B. Main Topics
1) Issues with the Shrinking Regional Human Rights System 273
2) Student Human Rights Ordinance and Issue of Discrimination in the New Curriculum 278
3. Information and Communication Technology and Human Rights
A. Human Rights Status 2022 283
B. Main Topics
1) Problems of Customized Advertising from the Information and Communication Technology and Human Rights Perspectives 285
2) Proposed Amendment to the Protection of Communications Secrets Act, and the Issue of Prohibiting Recording of
Conversations Without Consent of the Parties 290
3) AI Technology and Human Rights Issues, and Face Recognition CCTV Installation and Utilization 294
V. Human Rights During Disasters and Catastrophes
1. Human Rights Status 2022 299
2. Main Topics
A. Issues of Disaster Prevention and Response System Revealed from Itaewon Crowd Crush 301
B. Preventing Hate Speeches in Response to Disasters and the Victim Recovery Issues 306
C. Status and Issues of Industrial Accidents ― Death of a Bakery Worker and the Collapse of Bonghwa Mining 311
D. Case of Death of Sillim-dong Family by Flood ― Safety Issues for Housing Vulnerable Class 316
E. Climate Crisis as a Human Rights Issue 321
VI. Human Rights in North Korea
1. Human Rights Status 2022 326
2. Main Topics
A. Status of North Korea-Related Cases: Death of a Public Official in the West Sea, and the Repatriation of North Korean Fishermen 328
B. Blind Spot in Support for North Korean Youths Born in a Third Country 333
C. Incidents of North Korean Defectors Going Back to North Korea, and the System to Support Adaptation of North Korean Defectors 337
D. Status and Significance of Legal, Institutional and International Organization Recommendations on North Korean Human Rights 342
Part 3
Looking Back to the Principles of Human Rights in 2022 349
Contents
Part 1.
Status of Korea’s Human Rights in 2022 1
I. Introduction 2
II. Korea’s Human Rights Status 2022: Focusing on People’s Awareness 4
Part 2.
Main Human Rights Status and Assessment 2022
I. Guaranteeing the Fundamental Human Freedoms
1. Human Dignity, Value and Right to Life
A. Human Rights Status 2022 12
B. Main Topics
1) The Itaewon Crowd Crush on October 29 ― Social Disasters and the Duties of the State 14
2) Truth Investigation of the State Violence Cases and Future Tasks 19
3) Issues of Lonely Deaths in Welfare Blind Spots 24
4) Trends in Suicide Rates and Problems with the Suicide Prevention System 28
2. Right to Self-Determination
A. Human Rights Status 2022 34
B. Main Topics
1) Proposal for the Assisted Death with Dignity Act and Discussion on the Physician-Assisted Suicide System 36
2) Safe Abortion and Reproductive Rights for Women 41
3) Implementation and Abolition of COVID-19 Related Quarantine Pass Policies 45
3. Freedom of Expression, Freedom of Assembly and Demonstration
A. Human Rights Status 2022 51
B. Main Topics
1) Controversy Related to Reports on the Satirical Works of the Bucheon International Comics Festival and Overseas Travel 53
2) Unconstitutionality of Article 103(3) of the Public Official Election Act and Freedom of Expression of Voters 57
3) No Assembly Zone and the Current Status of the Amendment to the “Assembly and Demonstration Act” 62
II. Respecting the Dignity and Value of Diverse Members of Society
1. Persons with Disabilities
A. Human Rights Status 2022 68
B. Main Topics
1) Protests to Secure Budget for the Rights of the Persons with Disabilities and Deinstitutionalization 70
2) Issues with the System that Protects the Rights of the People with Developmental Disabilities 74
3) Providing Voting Assistance for the Persons with Developmental Disabilities and Suffrage 79
4) Status and Challenges of Abuse of the Persons with Disabilities 83
2. Migrants and Refugees
A. Human Rights Status 2022 87
B. Main Topics
1) Russia-Ukraine War and the Issues of Accepting and Protecting the War Refugees 89
2) Poor Living Conditions for Migrant Agricultural Workers and Countermeasures 94
3) Changes and Limitations Related to Protective Equipment and Treatment at Immigration Detention Centers 100
3. Women
A. Human Rights Status 2022 106
B. Main Topics
1) Controversy Over the Abolition of the Ministry of Gender Equality and Family 107
2) ‘Sindang Station Murder Case,’ Stalking Damages and Act on the Punishment of Stalking Crimes 110
3) Implementation and Limitations of the Act on the Employment Improvement of Domestic Workers 114
4. Children and Adolescents
A. Human Rights Status 2022 119
B. Main Topics
1) “Filicide-Suicide” From the Perspective of Child Abuse 121
2) Law Breaching Minors and the Issues of Lowering the Age of Criminal Liability 125
3) Protection Policies and Realities of Youths Preparing for Independence (Children Discharged from Out-of-Home Care) 129
4) ‘Case of L,’ Sexual Crimes Against Children and Adolescents in the Digital Age 134
5) Raising the Problem of Human Rights Violations of Children During the Process of Overseas Adoption and the Direction of Improvements 139
5. Elderly
A. Human Rights Status 2022 143
B. Main Topics
1) Status of Elder Abuse and Elder Abuse by Families 146
2) The Issue of Elderly Digital Divide in a Digital Society 150
3) Elderly Traffic Accident Prevention System and Elderly Protection Zones 154
6. Soldiers
A. Human Rights Status 2022 159
B. Main Topics
1) Status and the Cause of Irregularities in the Army 161
2) Status and Measures Against Suicides in the Military 165
3) Discussions on Improving the System to Protect the Diversity and Human Rights in the Military 170
4) Military Medical Accidents and the Conditions of the Military Medical System 175
7. LGBTI
A. Human Rights Status 2022 180
B. Main Topics
1) Changes in the Supreme Court Precedent and Challenges On Article 92-6 of the Military Criminal Act 182
2) Discriminatory Administration Related to LGBTI Events 187
3) Discussion of Transgender Gender Recognition Criteria 192
8. Responding to Hatred and Discrimination Against Diverse Members of the Society
A. Human Rights Status 2022 196
B. Main Topics
1) Diversity in Family Types: Problems and Controversy over the Framework Act on Healthy Families 198
2) Stigma and Discrimination Against People Living with HIV 203
3) Hate Speeches During the Election Process 207
III. A World That Protects Labor
1. Protecting the Right to Labor
A. Human Rights Status 2022 212
B. Main Topics
1) Initiatives and Issues on the Proposed Amendment to
the Trade Union Act (Yellow Envelope Act) 214
2) Controversy Over Orders for Commencement of Business Operations Under the Trucking Transport Business Act 220
3) Significance of the Supreme Court Ruling on the Wage Peak System 225
4) The Right to Rest When Sick: Introduction of a Pilot Korean Sickness Allowance 230
2. Human Rights Violations in the Workplace
A. Human Rights Status 2022 236
B. Main Topics
1) Human Rights of Nurses Under COVID-19 Situation 237
2) College Student’s Lawsuit Against Labor Dispute of College Cleaning Workers 241
3) Problems with Night Work of Workers at Logistics Centers 246
4) Restrictions on Toilet Use at Work for Construction Workers, Etc. 250
IV. Establishing a Foundation for a Better Society in the Future
1. Criminal Justice System and Human Rights
A. Human Rights Status 2022 254
B. Main Topics
1) Controversy Over Adjustment of Investigative Powers and Problems with Investigation Procedures for Human Rights Protection 256
2) ‘War on Drugs’ and the Rehabilitation and Treatment of Drug Addicts 262
3) Conditions and Problems of Overcrowding in Prisons 266
2. Human Rights Protection System
A. Human Rights Status 2022 271
B. Main Topics
1) Issues with the Shrinking Regional Human Rights System 273
2) Student Human Rights Ordinance and Issue of Discrimination in the New Curriculum 278
3. Information and Communication Technology and Human Rights
A. Human Rights Status 2022 283
B. Main Topics
1) Problems of Customized Advertising from the Information and Communication Technology and Human Rights Perspectives 285
2) Proposed Amendment to the Protection of Communications Secrets Act, and the Issue of Prohibiting Recording of
Conversations Without Consent of the Parties 290
3) AI Technology and Human Rights Issues, and Face Recognition CCTV Installation and Utilization 294
V. Human Rights During Disasters and Catastrophes
1. Human Rights Status 2022 299
2. Main Topics
A. Issues of Disaster Prevention and Response System Revealed from Itaewon Crowd Crush 301
B. Preventing Hate Speeches in Response to Disasters and the Victim Recovery Issues 306
C. Status and Issues of Industrial Accidents ― Death of a Bakery Worker and the Collapse of Bonghwa Mining 311
D. Case of Death of Sillim-dong Family by Flood ― Safety Issues for Housing Vulnerable Class 316
E. Climate Crisis as a Human Rights Issue 321
VI. Human Rights in North Korea
1. Human Rights Status 2022 326
2. Main Topics
A. Status of North Korea-Related Cases: Death of a Public Official in the West Sea, and the Repatriation of North Korean Fishermen 328
B. Blind Spot in Support for North Korean Youths Born in a Third Country 333
C. Incidents of North Korean Defectors Going Back to North Korea, and the System to Support Adaptation of North Korean Defectors 337
D. Status and Significance of Legal, Institutional and International Organization Recommendations on North Korean Human Rights 342
Part 3
Looking Back to the Principles of Human Rights in 2022 349