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Republic of Korea (South Korea)[1] [print]

Last edited: May 2005

 

Summary and Analysis

 

The Republic of Korea ratified the CRC on November 20, 1991, with reservations to provisions of article 9, paragraph 3; article 21, paragraph (a); and article 40, paragraph 2, subparagraph (b)(v).  The CRC carries the same force in law as domestic statutes.[2]

 

Prior to 1991, child abuse was an unfamiliar term and a little-recognized phenomenon in South Korea.  Since 1991, the South Korean government has passed several pieces of legislation to provide stronger protection for children against physical and sexual abuse.  The Child Welfare Act is the central statute that addresses child abuse, but the South Korean legislature has supplemented it with several special acts, including the Act on Punishment of Sexual Violence and Protection of Victims, the Act on Prevention of Domestic Abuse and Victim Protection, the Youth Protection Act, and the Act on Protection of Youth from Sexual Exploitation.  These acts have created a patchwork of preventive measures and punishments for child abuse and sexual exploitation.  These acts have also established a network of child protective facilities, domestic abuse counseling centers, and sexual assault centers charged with protecting children from abuse.

 

None of these statutes explicitly declares that children shall have the right to express themselves freely in child protective proceedings.  However, several of the statutes permit children to obtain legal advice and representation.  For instance, the Child Welfare Act states that “[i]n the process of trial in the court, the lawyer, the legal representative, lineal representatives, siblings and counselors of a specialized agency for child protection may become an assistant into the inquiry into an abused child, case: Provided, That persons other than lawyers shall obtain a permission from the court.”  The Act on Domestic Violence Prevention and Victim Protection provides that domestic abuse counseling centers shall help victims obtain legal advice by “seek[ing] cooperation and support of the Korea Bar Association/ Local Bar Association and the Korea Legal Aid Corporation as necessary.”[3]  The Youth Protection Act assigns similar responsibilities to juvenile protection centers, which “may have lawyers specializing in juvenile affairs to provide legal assistance and counseling.” These statutes are focused more on providing children with adequate legal representation, than on ensuring that children will be able to express their opinions freely in the child protective proceedings.  

 

Under the Civil Procedure Act, minors cannot testify in court unless they have reached the legally required physical and mental capacities: “A minor . . . may conduct procedural acts only through his legal representation: Provided, That the same shall not apply to cases where a minor or a quasi-incompetent person is able to independently conduct procedural acts.”  A relative, interested party, or public prosecutor “may file a request with the court of a lawsuit to appoint a special representative” for a minor. Similarly, the Civil Act provides that a parent who “performs act of conflicting interest between himself or herself and his or her child . . . shall apply to the court for appointment of special representative on behalf of the child.”  Interestingly, the Civil Act provides that the family court may convoke the family council comprised of the minor's relatives, “upon the application of the person concerned, his or her agent by law, spouse, any lineal blood relatives, head of family, member of family council, the party interested or prosecutor.”  This provision suggests that when abuse takes place within the family, the minor's relatives may exert significant influence over what happens to the minor and effectively determine the minor's “best interests.”

 

Between 1991 and 2002, the South Korean government took commendable steps to formally recognize the societal problem of child abuse.  However, the NGO Supplemental Report to the Republic of Korea's Second Periodic Report revealed that as of June 2002, the government had not fully implemented Article 12 of the CRC.  According to the Report, “traditional thought and stereotypes in Korea remains unchanged to the effect that ‘children must be subject to adults,” and “[a] deeply-rooted sense of authority and seniority prevail over society, discouraging children from expressing their views and being involved in decision-making processes.”[4]  The Report also points out that despite Article 6 of the Constitution, “[i]nternational human rights law, including the CRC, has a lower standing in Korea compared to domestic laws” because the government adheres to the rule lex specialis derogat lege generali, or “rule of special law abrogates the general law,” when international legal obligations conflict with domestic law.[5]  Moreover, the Report notes that “the judiciary has been pretty reluctant not only in making international human rights instruments directly justiciable domestically but in making use of them as a criterion for interpretation of national laws.”[6]  A quick search through the Korean Constitutional Court's decisions from 1988 to 2002 confirms that the Court has never referred to the Convention on the Rights of the Child, although it has decided several cases affecting children's rights.  

 

The South Korean government's response to the UN Study on Violence Against Children provides a good summary of the country's efforts to promote children's rights.  This response indicates that the government has not yet adopted a comprehensive policy concerning violence against children, and still allows corporal punishment of children in both the family and school settings.[7]  Under the National Human Rights Commission Act, the NHRC has the power to investigate human rights violations and to advise governmental bodies charged with enacting and enforcing statutes related to human rights.[8]  Human rights advocates and practitioners should work with the NHRC to improve South Korea's implementation of Article 12 of the CRC.

 

Sources of Law (In Order of Authority)

 

International Law

 

Convention on the Rights of the Child[9]

 

Article 12

1. States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.

2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.

 

Statutes

 

Civil Act[10]

 

Part IV (Relatives), Chapter IV (Parents and Children), Section 2 (Adoption), Sub-Section 3 (Dissolution of Adoptive Relation), Article 905 (Cause for Judicial Dissolution of Adoptive Relation)

Either the adoptive parent or the adopted child may, if either of them has cause mentioned in any of the following subparagraphs, claim to the Family Court for dissolution of adoptive relation:

  1. If one party has committed grave negligence, such as impairing family honor or dissipating property;
  2. If one party has been extremely maltreated by the other or its lineal ascendant;
  3. If one party's lineal ascendant has been extremely maltreated by the other party;

. . . .

 

Part IV (Relatives), Chapter IV (Parents and Children), Section 3 (Parental Authority), Sub-Section 2 (Effect of Parental Authority), Article 921 (Acts of Conflicting Interest between Person of Parental Authority and Child, or among Children)

(1)   If a person of parental authority, who is the agent by law of a child, is to perform acts of conflicting interest between himself or herself and his or her child, he or she shall apply to the court for appointment of special representative on behalf of the child.

(2)   In a case where a person of parental authority, who is the agent by law of children, is to perform acts in which the interests of one child conflict with those of the other child or children, the person of parental authority shall, on behalf of one party, apply to the court for appointment of a special representative.

 

Part IV (Relatives), Chapter IV (Parents and Children), Section 3 (Parental Authority), Sub-Section 3 (Loss of Parental Authority), Article 924 (Adjudication of Loss of Parental Authority)

If a parent abuses parental authority or is guilty of gross misconduct, or there exists any other serious reason for not allowing the parent to exercise parental authority, the court may, upon the application of any of the child's relatives pursuant to the provisions of Article 777 or of a public prosecutor, adjudge the loss of parental authority.

 

Part IV (Relatives), Chapter IV (Parents and Children), Section 3 (Parental Authority), Sub-Section 3 (Loss of Parental Authority), Article 926 (Adjudication of Recovery of Lost Authority)

When the causes mentioned in Articles 924 . . . have ceased to exist, the court may upon the application of the party concerned or any of its relatives pursuant to the provisions of Article 777, adjudge the recovery of the lost right.

 

Part IV (Relatives), Chapter V (Guardianship), Section 1 (Guardian), Article 931 (Designation of Guardian by Will)

A parent who exercises parental authority over a minor may designate by will a guardian over a minor: Provided, That a person of parental authority who has no right of representation on juristic acts or of management of property may not designate a guardian.

 

Part IV (Relatives), Chapter V (Guardianship), Section 1 (Guardian), Article 932 (Order in Guardianship of Minor)

If no guardian is designated under Article 931, a guardian shall be appointed in the order of the lineal blood relatives and collateral blood relatives within the third degree of relationship of the minor.

 

Part IV (Relatives), Chapter V (Guardianship), Section 1 (Guardian), Article 936 (Appointment of Guardian by Court)

(1)   If there is no person to become guardian in accordance with provisions of Articles 932 through 935, the court shall appoint a guardian upon the application of the ward's relatives pursuant to the provisions of Article 777 or of any interested parties.

. . . .

 

Part IV (Relatives), Chapter V (Guardianship), Section 1 (Guardian), Article 940 (Removal of Guardian)

If a guardian has committed gross misconduct, or any unjustifiable act in relation to his duties as guardian, or where there exist any other grounds for which a guardian is unfit to perform his duties, the court may remove said guardian from his office upon the application of the ward or of any of the relatives pursuant to the provisions of Article 777.

 

Part IV (Relatives), Chapter VI (Family Council), Article 960 (Organization of Family Council)

A family council shall be organized when any circumstances which require a resolution of family council in accordance with the provisions of this Act and any other Acts exist.

 

Part IV (Relatives), Chapter VI (Family Council), Article 961 (Number of Family Council Members)

. . .

(2)   A family council shall have one representative, who is elected by mutual votes among members of the family council.

(3)   The representative mentioned in paragraph (2) shall legally represent the family council concerning activities in a litigation or other acts directed to outsiders.

 

Part IV (Relatives), Chapter VI (Family Council), Article 962 (Designation of Family Council Members by Person of Parental Authority)

A person of parental authority who may designate a guardian, may designate members of a family council for minor.

 

Part IV (Relatives), Chapter VI (Family Council), Article 963 (Election and Appointment of Family Council Member)

(1) Members of a family council shall be appointed by the court from among the relatives pursuant to the provisions of Article 777 or the person who has any relation to the person concerned or his family, upon the application of the person concerned, his or her agent by law or any of the relatives pursuant to the provisions of Article 777 or the party interested: Provided, That this shall not apply to the case where members of a family council have been designated in accordance with the provisions of Article 962.

. . . .

 

Part IV (Relatives), Chapter VI (Family Council), Article 965 (Standing Family Council for Person Lacking Legal Capacity)

(1) A family council for a minor, an incompetent or a quasi-incompetent shall continue to exist until the time when the cause of incapacity has ceased.

. . . .

 

Part IV (Relatives), Chapter VI (Family Council), Article 966 (Convocation of Family Council)

Family council shall be convoked by the Family Court upon the application of the person concerned, his or her agent by law, spouse, any lineal blood relatives, head of family, member of family council, the party interested or prosecutor.

 

Civil Procedure Act[11]

 

Part I (General provisions), Chapter II (Parties), Section 1 (Capacity for being Party and Litigation Capacity), Article 55 (Litigation Capacity of Minor, Quasi-Incompetent Person or Incompetent Person)

A minor, quasi-incompetent person, or an incompetent person may conduct procedural acts only through his legal representation: Provided, That the same shall not apply to cases where a minor or a quasi-incompetent person is able to independently conduct procedural acts.

 

Part I (General provisions), Chapter II (Parties), Section 1 (Capacity for being Party and Litigation Capacity), Article 59 (Measures for Defects in Litigation Capacity, etc.)

In case where there exist any defects in the granting of a litigation capacity, authority of legal representation, or authorization required for procedural acts, a court shall issue an order, with fixing a period, to have them revised, and where there exists any concern about causing damages by a delay in revising, the court may allow the party or legal representative before the revisal to temporarily conduct the procedural acts.

 

Part I (General provisions), Chapter II (Parties), Section 1 (Capacity for being Party and Litigation Capacity), Article 62 (Special Representative)

(1)   Any person who intends to conduct procedural acts against a minor, a quasi-incompetent person or an incompetent person who does not have any legal representative or whose legal representative is unable to exercise his right of representation, may file a request with the court of a lawsuit to appoint a special representative, by vindicating that there exists a concern about the damages to be inflicted by a delay in the procedural acts.

(2)   In the case of paragraph (1) where it is needed by a minor, a quasi-incompetent person or an incompetent person to conduct the procedural acts, his relative, an interested party or a public prosecutor may file a request with the court of a lawsuit to appoint a special representative, by vindicating that there exists a concern about the damages to be inflicted by a delay in the procedural acts.

(3)   The court may replace the special representative at any time.

(4)   In order that the special representative may conduct the procedural acts, he shall obtain the authorization identical with that for a guardian.

(5)   An appointment or replacement of a special representative shall be made by a ruling of the court, and such ruling shall be served on the special representative.

(6)   Costs for the applicant of a special representative and those for the procedural acts by a special representative may be ordered to be borne by the applicant.

 

Child Welfare Act[12]

 

Article 6 (Child Commissioner)

(1)   Child commissioners shall be assigned to the Si/Gun/Gu (referring to autonomous Gu; and hereinafter the same shall apply).

(2)   Child commissioners shall always grasp in detail the living conditions and family environment of children within the competent area, render the assistance and guidance necessary for the child welfare, and cooperate with the child welfare advisers and the related administrative agencies.

(3)   . . . .

(4)   . . . .

(5)   Matters necessary for child commissioners shall be determined by the municipal ordinance of the relevant Si/Gun/Gu.

 

Article 10 (Protective Measures)

(1)   The Seoul Special Metropolitan City Mayor, Metropolitan City Mayor or Do governor (hereinafter referred to as the “Mayor/Do governor”), or the head of the Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) shall, in case where he finds a child requiring protection within the competent areas, or is in receipt of a protector's request, take the following necessary protective measures for the best interests of children, under the conditions as prescribed by the Presidential Decree:

1.      Having a child welfare adviser or child commissioner perform a counsel or guidance to a child requiring protection or his protector;

2.      Taking necessary measures for a protector or a relative, desiring a vicarious rearing, to protect and rear at a relevant home;

3.      Entrusting a person desiring to protect children with the protection of children requiring protection;

4.      Putting a child requiring protection into a suitable child welfare facility; and

5.      Hospitalizing or committing the children requiring such protections as a special medical care or recuperation, etc. due to a drug and alcohol addiction, emotional disturbance, growth impediment, etc. in the specialized hospital or sanatoria.

(2)   The Mayor/Do governor or the head of Si/Gun/Gu shall, in case where deemed necessary until taking such measures as referred to in paragraph (1) 3 through 5, protect the children requiring the relevant protection by entrusting them temporarily to a person who is deemed suitable.

(3)   The Mayor/Do governor or the head of Si/Gun/Gu shall, in taking the measures under paragraph (1) 3 through (5), have a high regard for the intentions of children requiring the relevant protection, and when they have protectors, listen to their opinions.

(4)   The Mayor/Do governor or the head of Si/Gun/Gu may take the protective measures under paragraph (1) 4 for those who are unsuitable for the protective measures under paragraph (1) 4 for those who are unsuitable for the protective measures under paragraph (1) 1 through 3.  In this case, the heads of facilities shall protect them by devising a plan for individual protection and management of children requiring such protections, and have the protector of a child requiring protection take part in it.

. . . .

Article 12 (Request for Verdict, etc. of Loss of Parental Power)

The Mayor/Do governor or the head of Si/Gun/Gu shall, in case where he discovers that a person with parental power of a child abuses such power or that there exist the grave causes for making the parental power unexercisable such as a remarkable misconduct, and where deemed necessary for the child's welfare, request the court to make a verdict of limiting an exercise of parental power or its loss.

 

Article 13 (Request for Selection of Child's Guardian)

(1)   The Mayor/Do governor or the head of Si/Gun/Gu shall, in case where he finds a child without a person without parental power or a guardian, and where deemed necessary for his welfare, request the court to select or dismiss a guardian.  In this case, the relevant child's intentions shall be respected.

(2)   With respect to a child requiring protection who has been committed in a child welfare facility, the provisions of the Act on the Guardianship of Minors in Protective Facilities shall be applied.

 

Article 28 (Selection, etc. of Assistants)

(1)   In the process of trial in the court, the lawyer, the legal representative, lineal representatives, siblings and counselors of a specialized agency for child protection may become an assistant into the inquiry into an abused child, case: Provided, That persons other than lawyers shall obtain a permission from the court.

(2)   The court may, in the case of questioning a victim of child abuse as a witness, permit a person trusted by the victim to sit with him, if there exists any application for it from a prosecutor, victim or specialized agency for child protection.

(3)   In case where a criminal investigation agency examines a victim, the provisions of paragraphs (1) and (2) shall be applied.

 

Youth Protection Act[13]

Chapter III (Regulation of Establishments Harmful to Juveniles, Drugs Harmful to Juveniles and Acts Harmful to Juveniles, Etc.), Article 26-2 (Prohibition of Acts Harmful to Juveniles)

No one shall perform the act falling under each of the following subparagraphs:

  1. The act of having juveniles sexually entertain through their physical contacts and the exposure of their sexual organs for the purpose of making profits, and other act of arranging such lascivious things;
  2. . . . .
  3. The act of having juveniles perform the lascivious act for the purpose of making profits or entertainment;
  4. The act of showing the physically deformed parts of juveniles to the public for the purpose of making profits or entertainment;
  5. . . . .
  6.  The act of abusing juveniles;
  7. The act of having juveniles lure customers on the street for the purpose of making profits;
  8. The act of disrupting public morality by permitting male and female juveniles to sleep on the same beds and other act of providing a place to that end; and
  9. Deleted.

[This Article Newly Inserted by Act No. 5817, Feb. 5, 1999]

 

Chapter IV (Juvenile Protection Committee), Article 27 (Establishment of Juvenile Protection Committee)

The Juvenile Protection Committee shall be established under the jurisdiction of the Prime Minister to carry out the business of protecting juveniles under the provisions of this Act.

[This Article Wholly Amended by Act No. 5817, Feb. 5, 1999]

 

Chapter IV (Juvenile Protection Committee), Article 28 (Function of Juvenile Protection Committee)

(1)   The Juvenile Protection Committee shall implement business matters falling under each of the following subparagraphs:

1.      Matters concerning the establishment of basic plans for protecting juveniles against harmful environments and the appraisal of the progress status of the basic plans;

2.      Matters concerning the regulation of circulation of media materials harmful to juveniles, and the support for media materials beneficial to juveniles;

3.      Matters concerning the protection of juveniles against business places harmful to them;

4.      . . . .

5.      Matters concerning the conduct of education, publicity, treatment and rehabilitation, etc. for juveniles in order to protect them from violence and abuse;

6.      Matters concerning the receipt and handling of reports on the environment harmful to juveniles, and necessary survey, research and education for protecting juveniles from such environments;

7.      Matters concerning support for private sector organizations performing functions related to the protection of juveniles against the environments harmful to them, and the support for civil movements organized to clean up such environments;

8.      Matters concerning cooperation and support among administrative agencies for the purpose of protecting juveniles;

9.      Matters requested by the heads of relevant central government agencies with regard to the protection of juveniles; and

10.   Matters provided for, as being under the jurisdiction of the Juvenile Protection Committee, under this Act and other Acts and subordinate statutes.

(2)   The Juvenile Protection Committee shall implement policy measures falling under any of the following subparagraphs in relation to education, publicity, treatment and rehabilitation to protect juveniles:

1.      The formulation, implementation and assessment of plans for education and publicity necessary to protect juveniles from media materials, establishments and drugs, which are all harmful to them, violence and abuse against them, and the environment harmful to them;

2.      The installation and operation of facilities and the designation of treatment and rehabilitation facilities of national and public hospitals as well as general hospitals established under the Medical Service Act through consultations with the Minister of Health and Welfare for juveniles who have suffered from media materials harmful to them, drugs, establishments harmful to them, violence, abuse and the environment harmful to them; and

3.      Administrative and financial support for organizations and individuals engaged in activities on education, publicity, treatment and rehabilitation for juveniles who have suffered from media materials harmful to them, drugs, establishments harmful to them, violence, abuse and the environment harmful to them.

 

Chapter IV (Juvenile Protection Committee), Article 33-2 (Juvenile Protection Center, etc.)

(1)   A juvenile protection center may be established under the Juvenile Protection Committee to protect temporally juveniles from violence, abuse and the environment, etc. harmful to them.

(2)   The juvenile protection center may have lawyers specializing in juvenile affairs to provide legal assistance and counseling including the process attorney to juveniles who have suffered damages.

(3)   Detailed matters concerning the juvenile protection center and the juvenile rehabilitation center referred to in paragraphs (1) and (3) shall be prescribed by the Presidential Decree.

[This Article Newly Inserted by Act No. 5817, Feb. 5, 1999]

 

Local Contact Information

 

Yanghee Lee

Email:             leeyh@skku.edu 

 

Yanghee Lee is a member of the UN Committee for the Rights of the Child, and a professor at Sungkyunkwan University.  She was the recent author of “Children's Rights in North Korea,” which appeared in the Winter 2004 edition of Life & Human Rights, a journal published by the Citizens' Alliance for North Korean Human Rights.  The article is available at http://www.nkhumanrights.or.kr/newsletter/talbuk_view.html?table=humanity&page=1&no=68&keyfield=&key= (last visited May 1, 2005).

 

National Human Rights Commission of Korea

Email: hoso@humanrights.go.kr

Home page: http://www.humanrights.go.kr/eng/index.jsp

 

Commission for Youth Protection

Address:          3F, Central Government Complex
77-6 Sejongno, Chongno-ku, Seoul, Republic of Korea

Phone:            +82 2 3703 2068

E-mail:            dckim@youth.go.kr

Website:          http://www.youth.go.kr/English/introduce/greeting.asp

 

The function of the Commission for Youth Protection is to protect youth from harmful media, illegal drugs, harmful places of business, abuse, and violence.  The Commission investigates and researches issues related to youth protection, and provides education and publicity about youth protection to the nation.

 

‘Inkwon Sarangbang' Center for Human Rights
Address:          4F, 8-29 Myunglyun-dong, 2ga, Jongro-gu,
                      Seoul 110-552
Phone:           +82 2 741 5363
Fax:                +82 2 741 5364
E-mail:           rights@interpia.net
Website:          http://www.interpia.net~rights

 

The Sarangbang Center was formed in 1992 by released political prisoners and victims of human rights violations.  The organization's chairman is Suh Joon Sik, and it has around six full-time workers and seventy members of its various committees—lawyers, academics and citizens.  The Sarangbang Center produces a weekly report in English on its website called ‘Korea Human Rights Weekly.'  As well as coordinating the Coalition for the Rights of the Child, it also monitors the implementation of the Convention on the Rights of the Child.

 

National Center for the Prevention of Child Abuse

Website: http://www.korea1391.org/en/m01_01.htm

 

The National Center for the Prevention of Child Abuse (NCPCA) was founded in October 2001 by the Ministry of Health and Welfare. The purpose of the NCPCA is to prevent, protect against, and aid in the recovery of abused and neglected children and their families, through a system of cooperating organizations, and by using the mass media to raise public awareness of the social problems of child abuse and neglect.

 

Korean Welfare Foundation, Inc.

Address:          C.P.O Box 1278, Seoul, Korea
Phone:            +82 2 777-9121
E-mail:            kwf@kwf.or.kr 

Website:          http://www.kwf.or.kr/english/Welfare_Programs.htm

 

Korea Welfare Foundation, Inc. (KWF) is a non-governmental organization registered with the government as a juridical person of social welfare organization. The mission of KWF is to assist less privileged people such as needy children and youth, the handicapped and the elderly to become sound citizens of this society.

Programs performed at the Community Welfare Centers
KWF runs 19 Community Welfare Centers and In-Home Service Centers in the nation, providing various social welfare services for improving the quality of life in the community. In contrast to institutional care, this program emphasizes help on family and community based clients. Every community welfare centers are performing welfare programs to develop their communities' welfare and strengthen the function of the family, by which, KWF helps the members of the community including children, youth, and the aged for improving their welfare status and solving their social problems. KWF assists the club activities of youth for prevention and treatment on juvenile delinquency, and performs the program for prevention of drug abuse and School Social Work. In addition, KWF provides unprivileged neighbors in the community like parentless youth, the aged incapable, and the handicapped with living and medical expenses in order that all neighbors can live their lives as sound members of our society.

Child Abuse and Neglect Preventive Program
KWF operates five Child Protection Centers committed by the government since 2000, which have focused on the intervention, treatment, and prevention of child abuse and neglect. In 2001, a total of children were found to be physically, or sexually abused.

Korean Association of the Prevention of Cruelty and Neglect (KAPCAN)
Address:          11F Dongming Building, 95 Mukyo-dong, Chung-gu, Seoul 100-170
Phone:            +82 2 755 1737
Fax:                +82 2 756 4256

 

KAPCAN was formed in 1989 when a group of academics and officials at UNICEF met with MHW officials to create an organisation to deal with child abuse. KAPCAN now has 16 ‘reporting centres' and 11 branch offices. Twice a year it holds seminars on such topics as violence in schools and sexual abuse; the seminar held in September 1997 considered legislation on child prostitution. The group was able to influence the content of the law on the Prevention of Child Abuse and Neglect passed by the National Assembly in November 1997.

 

Additional Resources and Links

 

Government Sites

 

Ministry of Legislation, http://www.moleg.go.kr (Full database of statutes, in Korean).

 

Ministry of Foreign Affairs, http://www.mofat.go.kr/en/for/e_for.mof?b_code=%7Ehuman (Updates on Human Rights/Social Affairs, in English).

 

Ministry of Foreign Affairs, http://www.mofat.go.kr/en/for/e_for.mof?b_code=~UN (Updates on UN/International Organizations, in English)

 

Constitutional Court of the Republic of Korea, http://www.ccourt.go.kr/english/decision.htm (Decisions of the Korean Constitutional Court, in English)

 

National Assembly, Legal Information System, http://search.assembly.go.kr/law/ (Comprehensive legal database of current laws and recent revised laws, in Korean).

Global Legal Information Network, (GLIN), www.glin.gov (Descriptions of recent Korean legislation, in English). 

National Human Rights Commission of Korea, Introduction, http://www.humanrights.go.kr/eng/index.jsp (Website of official body charged with implementing international human rights conventions and treaties)

 

National Human Rights Commission, How to File a Human Rights Complaint http://www.humanrights.go.kr/eng/complaint/howto/com01.htm (Website where citizens and foreigners can download a complaint application about human rights violations).

 

Commission for Youth Protection, http://www.youth.go.kr/English/introduce/greeting.asp (Website of official government body charged with enforcing the Youth Protection Act and Juvenile Sex Protection Act)

 

Seoul Metropolitan Government, Enhanced Service Standards of Children's Welfare Facilities, http://english.seoul.go.kr/gover/initiatives/inti_13pol_0205.htm (Descriptions of Seoul's Efforts to Improve Children's Welfare Facilities)

 

UN Documents

CRC/C/70/Add.14 Periodic Reports of State Parties Due in 1998: Republic of Korea (June 26, 2002), available at http://www.unhchr.ch/tbs/doc.nsf/898586b1dc7b4043c1256a450044f331/98eaa24802963a80c1256c3e00379c89/$FILE/G0242765.pdf

CRC/C/SR.838 Consideration of Reports of States Parties, Summary Record of Second Periodic Report of the Republic of Korea (Jan. 17, 2003), available at http://www.unhchr.ch/tbs/doc.nsf/898586b1dc7b4043c1256a450044f331/10f9a8621b3b3091c1256cb600565a11/$FILE/G0340120.pdf

CRC/C/15/Add.197 Concluding Observations on Republic of Korea's Second Periodic Report (Mar. 18, 2003), available at http://www.unhchr.ch/tbs/doc.nsf/898586b1dc7b4043c1256a450044f331/98eaa24802963a80c1256c3e00379c89/$FILE/G0242765.pdf

 

 

Other Informative Websites and Documents

 

U.S. Dep't of State, Country Reports on Human Rights Practices 2003 (Feb. 25, 2004), available at http://www.state.gov/g/drl/rls/hrrpt/2003/27776.htm

 

Korea Office of the Prime Minister, Welfare for Children, at http://www.opm.go.kr/warp/webapp/content/view?meta_id=english&id=53 (Prime Minister's report on government efforts to improve children's welfare)

 

Moon-Ja Lee, Korea Women's Hot Line, The Present and the Future on the Prevention of Domestic Violence and Victim Protection Act, http://www.hotline.or.kr/english/pds/list.asp (Article on domestic violence by the Chief of Human Rights Counseling Center of Seoul Women's Hot Line)

 

Chung Ah-young, Growing Number of Kids Fall Victim to Economic Hardship, Korea Times (Nov. 18, 2004), available at

http://times.hankooki.com/lpage/200411/kt2004111817093810440.htm (Article noting rising rates of child abuse in South Korea)

 

Korea Women's Associations United (KWAU)

http://www.women21.or.kr/news/W_English/W_News/W_News_View.asp?ENID=10&page=1&Rpos=5 (Website with English translations of laws dealing with domestic abuse)

 

Humantrafficking.org, http://www.humantrafficking.org/countries/eap/south_korea/govt/index.html (Website with English translations of South Korean laws dealing with sexual violence and exploitation of children, and information on the relevant agencies charged with enforcing such laws)

 

National Center for the Prevention of Child Abuse, http://www.korea1391.org/en/m01_01.htm (Website with statistics on child abuse cases)

 



Endnotes

[1] This page is also available as a .pdf Document, and Word Document.

[2] Const. of the Republic of Korea, art. 6.

[3] The Act on Domestic Violence Prevention and Victim Protection, Act No. 5487 (Dec. 31, 1997), art. 6, English translation from Korean Women's United Association, at http://www.women21.or.kr/data/women21/EngPDS_Z/PreventionofDomesticViolence.doc (last visited May 16, 2005).

[4] Supplemental Report to the Republic of Korea's Second Periodic Report on the Implementation of the Convention on the Rights of the Child (June 12, 2002), available at http://www.crin.org/docs/resources/treaties/crc.32/South.Korea_ngo_report.pdf, at 9.

[5] Id. at 5.

[6] Id.

OHCHR, Violence Against Children, http://www.ohchr.org/english/bodies/crc/study.htm (UN Secretary-General's Study on Violence against Children, Republic of Korea's Response to Questionnaire), at 5, 12.

[8] National Human Rights Commission Act, Act No. 6481 (May 24, 2001), art. 19, available at National Human Rights Commission, http://www.humanrights.go.kr/eng/information/act/info02.htm (last visited May 1, 2005).

[9] United Nations Convention on the Rights of the Child art. 12, Dec. 12, 1989, UN General Assembly Document A/RES/44/25, available at http://www.ohchr.org/english/law/crc.htm.

[10] Minpôp, Act No. 471 (Feb. 22, 1958), last amended by Act No. 6591 (Jan. 14, 2002), translated in 3 Statutes of the Republic of Korea 1-210 (Seoul: Korea Legislation Research Inst. 2005), available at http://www.klri.re.kr/Englawdb/menu/eng/.

[11] Minsa Sosongpôp, wholly amended by Act No. 6626 (Jan. 26, 2002), translated in 3 Statutes of the Republic of Korea 391-491 (Seoul: Korea Legislation Research Inst. 2005), available at http://www.klri.re.kr/Englawdb/menu/eng/.

[12] Adong pokjipôp, last amended by Act No. 7212 (Mar. 22, 2004), translated in 17 Statutes of the Republic of Korea 821-838 (Seoul: Korea Legislation Research Inst. 2005), available at http://www.klri.re.kr/Englawdb/menu/eng/.

[13] First enforced on July 1, 1999.  English translation from National Youth Commission website, at http://www.youth.go.kr/English/protection/law.asp (last visited May 16, 2005).

 

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