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Government Legislation

  • Draft for establishment of the Framework Act on Human Rights Policy
    • Competent Ministry : Ministry of Justice
    • Advance Publication of Legislation : 2021-06-30
    • Opinion Submission Deadline : 2021-08-09

1. Reason for establishment

The human rights policy master plan was established in and has been implemented since 2017 as a five-year master plan of the government to protect and improve human rights, but the legal basis for establishment, implementation, and execution system was insufficient, and it was difficult to execute an integrated, comprehensive human rights policy; therefore, the draft is intended to establish and implement an advanced human rights policy through reflection of the international human rights norm to domestic policies by relieving such difficulty, through clarification of the procedures of preparation, review, and recommendation implementation of national reports to be submitted in the procedure of international human rights treaties and UN Human Rights Council, and by prescribing the liability of the country to execute the recommendations.

2. Main content

A. Establishment of the National Human Rights Policy Committee and Executive Committee (Article 7 of the draft)

1) Establishment of the National Human Rights Policy Committee (hereinafter referred to as the Committee) to review and adjust the main matters on the national human rights policy and to establish and execute the master plan

2) The Committee shall belong to the Minister of Justice and shall consist of the Minister of Justice as chairman, not more than 30 members, vice-ministers of the central government or vice-minister level public officials, and private members.

3) The National Human Rights Committee may request review of matters that are under the jurisdiction of the Committee and may allow standing members of the National Human Rights Committee to attend and give speeches.

4) Configuration and operation of the National Human Rights Policy Execution Committee to process matters delegated by the Committee

B. Establishment of human rights institutions by local governments (Article 8 of the draft)

1) Si/Do shall establish human rights institutions for the independent performance of work such as survey of infringement of human rights, recommendations of corrections, etc.

2) Human rights institutions may be established by hearing the opinions of the National Human Rights Committee, and private sector participation in the operation of human rights institutions shall be guaranteed.

C. Designation of Human Rights Policy Officials (Article 9 of the draft)

1) The heads of central administrative agencies and si/do governors shall designate public officials as Human Rights Policy Officials to establish and execute the human rights policy.

D. Cooperation with the National Human Rights Committee (Article 10 of the draft)

1) The National Human Rights Committee, central administrative agencies, and local governments shall cooperate to guarantee and improve human rights.

2) Central administrative agencies and local governments may request opinions to the National Human Rights Committee in relation to the establishment and execution of the human rights policy.

E. Application of regulations on the establishment and implementation of the national human rights policy master plan (Articles 11 through 15 of the draft)

1) The government shall establish a five-year national human rights policy master plan within one year of the date of presidential inauguration.

2) The National Human Rights Committee shall submit a recommendation of master plan and provide opinions on the draft of the master plan.

3) The heads of central administrative agencies shall establish yearly execution plans, and si/do governors shall establish and implement local plans.

F. Checking the execution performance of the human rights policy and comprehensive evaluation of the execution outcome (Article 16 of the draft)

1) The Committee recommends improvement after checking the implementation performance of each yearly execution plan.

2) The execution output of the human rights policy is evaluated through integration and by hearing the opinions of the National Human Rights Committee by the end year of the master plan.

3) The result of the checked implementation performance and integrated evaluation result of execution output is disclosed to the general population.

G. Adoption of regulations on human rights survey (Article 17 of the draft)

1) Implementation of human rights survey every five (5) years in order to identify and reflect domestic human rights

H. Establishment of regulations on preparation and national review to meet the international human rights norm (Articles 18 and 19 of the draft)

1) The procedures for collecting the opinions of related professionals for the preparation of the national report and submitting the opinions of the National Human Rights Committee are prescribed.

2) The execution plan shall be submitted to the Committee within six (6) months of termination of review of the national report.

I. Establishment of regulations on the reflection of recommendations of human rights institutions to the domestic human rights policy (Article 20 of the draft)

1) The country and local governments shall try to execute the recommendations of human rights institutions and to reflect them to the human rights policy.

2) The Committee shall ensure that personal appeals and recommendations are effectively executed in the country through review and adjustment.

J. Application of the regulations on the liability of the country to protect human rights and responsibility of enterprises to respect human rights (Articles 21 through 23 of the draft)

1) The country and local governments shall establish policies, etc. to prevent the infringement of human rights by enterprises and shall encourage enterprises to fulfill their responsibility for human rights.

2) Enterprises shall fulfill the responsibility of respecting human rights and shall try to prepare the means of rights protection for sufferers of human rights infringement.

3) The government may request opinions and cooperation to the National Human Rights Committee to prepare guidelines for enterprises to improve human rights and standard for information disclosure.

K. Establishment of basis for the provision of human rights education, support of human rights education, and cooperation with the National Human Rights Committee (Articles 24 through 27 of the draft)

1) Liability of the country, local governments, daily care centers, kindergartens, various schools, public related organizations, and mass protection facilities to provide human rights education

2) The country and local governments may support daily care centers, kindergartens, schools, organizations related to human rights education, lifelong education institutes, etc. with R&D for human rights education, various human rights education activities, and facilities & equipment.

3) Cooperation may be requested to the National Human Rights Committee in order to provide human rights education.

L. Establishment of regulations on support of NGO, etc. (Article 28 of the draft)

1) The country and local governments may support NGO, etc. with administrative means and budget to protect and improve human rights.

M. Designation of Human Rights Day and adoption of Human Rights Weeks (Article 29 of the draft)

1) December 10 every year is designated as Human Rights Day, and one week each before/after that day is designated as Human Rights Week.

2) The country and local governments shall implement projects such as events suitable for the purpose of Human Rights Day and Human Rights Weeks.


Regulatory effect assessment
  • 인권정책기본법(규제영향분석서)_20210628.hwp [download]
Legislative proposal (draft)
  • 인권정책기본법 입법예고 공고문.hwp [download]