UPR Sexual Rights Database

National Report:
Para 45) The Government has continued its research and review on a general act on anti- discrimination, encompassing grounds for discrimination such as gender, race, religion, and sexual orientation. While studying relevant domestic legislations, international human rights norms, and legislations of other countries, the Government has sought to address social and economic issues that can be entailed in the enactment of a general anti- discrimination act and to strike a balance between the right to equality and the principle of private autonomy. In 2010, the Government organized a special sub-committee consisting of government officials from relevant ministries, academics, legal experts and interest groups for in-depth discussions in this regard. In 2011, two draft bills for anti- discrimination proposed by lawmakers were submitted to the National Assembly, but they expired with the conclusion of the 18th National Assembly session in May 2012.

Para 52) The Government submitted to the National Assembly in November 2011 the amendments to the Criminal Act. The proposed amendments prohibit acts stipulated in the UN Protocol to Prevent, Suppress and Punish Trafficking annexed to the Convention against Transnational Organized Crime with relevant penal provisions. Having expired as the 18th National Assembly session closed in May 2012, the bill will be re-submitted to the 19th National Assembly. The Government plans to take domestic procedures required to ratify the Protocol after the proposed amendments are passed.

Para 53) In order to prevent inter-country marriage suspected of human trafficking, the Government amended the Act on Management of Marriage Brokerage Agency in 2010. The amendment requires international marriage brokerage agencies to provide personal information of service users to each other in writing and to offer translation and interpretation services to facilitate communication between the would-be couple. In February 2012, the Act was amended again to add provisions prohibiting certain acts of the brokers that may lead to trafficking with a penalty for non-compliance. In addition, local governments in charge of the registration of international marriage brokerage agencies regularly monitor practices of the agencies in cooperation with relevant authorities.

Para 54) As an effort to deter the international sex trade, Korean nationals convicted of sex trade abroad may now be denied of issuing or renewing passports, upon the notification by Office of Prosecution to the Ministry of Foreign Affairs and Trade.

Para 55) Foreign women, who are acknowledged as victims of trafficking for sex trade, are entitled to the same protection and support as local women in accordance with applicable legislations. In certain circumstances, some victims may be granted work/residence permit.

National Report:
Para 49) The victim of rape is defined as a "woman" in the Criminal Act without further specification, which means that anyone who rapes his wife can be prosecuted under the Criminal Act. In effect, the Busan District Court in January 2009 and the Seoul High Court in September 2011 recognized in their rulings aggravated rape charges against husbands, and the rulings have been upheld.

Para 50) Domestic violence is prosecuted in accordance with the Criminal Act and the Special Act on Punishment of Crimes of Domestic Violence and Others, the latter of which stipulates imposing protective disposition on perpetrators of domestic violence for the purpose of change of environment and correction of behavior. The amendments of the Special Act in October 2011 grant emergency intervention authority to judicial public officers in order to ensure speedy protection of victims and allow victims to directly request protection to the court. Starting January 2012, sexual crimes, including rape, against family members are accommodated in the scope of domestic violence, making their victims eligible for the protective services provided to victims of domestic violence, which include counseling sessions, housing at shelters, assistance for medical care, and education for independence and rehabilitation. The amended Act on the Prevention of Domestic Violence and Protection of Victims and Others effective from May 2012 gives police officers, when dispatched to the scene of domestic violence, the authority to enter and investigate the crime scene to protect victims. It enables effective early response by police officers against domestic violence. In addition, the Government stepped up its efforts to raise awareness of the fact that domestic violence is a crime that is punishable by law, not a private matter.

Para 57) As a part of the Government's efforts to integrate the perspective of children in criminal procedures, the Office of Prosecution developed a Plan for Improvement of Investigation Practices into Crimes against Children. The plan aims to ensure reliability of statements made by child victims, prevent the "secondary victimization" of child victims in the criminal process, and reflect child victims' statements and perspectives as much as possible. Prosecutors dedicated to child crimes oversee the entire process from preliminary investigation to the execution of sentence and professional advice from child psychiatrists or clinical psychologists is sought. Starting from 2011, it has become mandatory to seek professional opinions on statements of victims in the case of sexual crimes against children aged less than 13. To the end, professionals trained by the Government have been staffed at nationwide comprehensive support centers for victims of sexual crimes.

Para 58) The Act on the Protection of Children and Juveniles from Sexual Abuse was amended in September 2011 as described in Paragraph 16 of this report, and six training sessions from March to June 2012 were offered to attorneys designated as legal aides for children. The sessions aim to enhance their understanding of children in general, children with disabilities, and sufferings caused by sexual abuse.

Para 59) As of June 2012, the Government is working on amending the Special Act on Punishment of Sexual Crimes and Others to provide victims of sexual crimes who are children or have disabilities with assistance from professional aides for making their statements in criminal proceedings. The professional aides refer to those who understand psychological and linguistic characteristics associated with children and the disabled. They participate in investigations or legal proceedings from an impartial standpoint to facilitate or assist communication and to ensure the full representation of the victims' statements without distortion.

National Report:
Para 50) The universal birth registration requires mandatory birth reporting upon the birth of a child. The birth of a child of foreign nationals born in the Republic of Korea shall be registered in accordance with the laws of their countries even in cases where the parents are undocumented migrants. Children born to refugees can be registered as foreigners if they submit birth certificate issued by a hospital. The Act on the Registration, etc. of Family Relation was amended in May 2016 to allow a prosecutor or the head of a local government to report a child’s birth if the persons who are obligated to report fails to do and jeopardizes the child’s welfare.

UN Compilation:
Para 15) Noting the universal periodic review recommendation on a birth registration system, the Office of the United Nations High Commissioner for Refugees (UNHCR) reported that the birth registration system failed to ensure universal and compulsory birth registration and that foreigners whose children had been born in the country were not able to register their children through the family register, although their children might receive a birth notification document from the hospital.

Stakeholder Summary:
Para 23) JS2 stated that the Government has refused to register births of children of foreign nationals. The parents might register the birth of their child through the embassies of their countries. However, refugees were often reluctant to approach the embassies to register the birth of their child.