Itaewon disaster of October 2022

One of the first issues tackled was the Itaewon disaster of 29 October 2022. It refers to a crowd crush incident that took place during Halloween festivities in Seoul in which 159 were killed. The incident took place despite there being a report that assessed the risk of the crowd four hours before the catastrophe.  The Committee asked the delegation the fact finding investigative mechanism for the incident, measures for accountability of official authorities and redress for the victims.

In response, the delegation mentioned the large-scale investigations of the root causes by, among others, the Police Special Unit, Prosecutors, and the National Assembly. Moreover, a victims’ support organization was established to assist and guide families on reparations, and a cross-ministerial task force was set up to coordinate meetings on preventative actions for mass crowds situations.

Rising suicide rates and mental health in the military

The Committee was particularly concerned about increasing suicide rates in the Republic of Korea, which included the elderly, youth and military. The Committee acknowledged the efforts of the Government in tackling the issue, particularly through the adoption of the 5th National Suicide Prevention Basic Plan (2023 - 2027), but still manifested the lack of resources and staff in specialized centers. Moreover, rates of suicide are particularly high among the military depsite increasing counselors and programs, and military personnel refuse to seek help because of fears that it could negatively impact their career.

The State delegation mentioned the setting of a mid-long term policy direction that responds to changing circumstances in the issue. Suicide prevention centers and 24-hour available counseling hot lines were also mentioned as measures in place to deter suicides. Moreover, the State was working on preventing the spread of suicide-encouraging information and punishing distributors. In addition to this, the military was trying to implement specific suicide prevention measures like conselling sessions and anonymous therapy programs.

Discrimination based on sexual orientation and gender identity

Another issue of concern for the Committee was the discrimination based on sexual orientation and gender identity. Same-sex relations are not legally recognized in South Korea, and same-sex sexual acts among members of the military is actually criminalized under Article 92-6 of the Military Criminal Act. In a recent decision, the Supreme Court of Korea declared the Article void in cases in which there was no direct violation of the healthy life and morals of the military community. Nevertheless, the article was not abolished and no direct stipulation allowing for consensual same-sex relations in private spheres has been included. As for the rights of the transgender community, to request a legal change of gender identity, individuals had to get a judicial decision that considered unclearly relevant requirements, such as not being married or divorced or to have gone under sex-reassignment surgeries.

In its replies, the delegation of South Korea mentioned that the legal recognition of same sex marriages depended first on a sufficient social consensus, as the matter is linked to the cultural characteristics of their family system. As for the criminalization of same-sex relations in the military, the Government is minimizing prosecution and a constitutional petition is underway to modify Art. 92-6. The delegation also reiterated its consideration of gender reassignment as legal proceedings in court.

Watch again the dialogue with the Committee here (part one) and here (part two). 

Recommendations of the Human Rights Committee

Concluding Observations on the Republic of Korea's fifth periodic report were released on Novermber 3, 2023. The State party is requested to provide, by 3 November 2026, information on the implementation of the following recommendations:

Non-discrimination, hate speech and hate crime

The State party should:

• (a) Adopt comprehensive anti-discrimination legislation, explicitly addressing all spheres of life and defining and prohibiting direct, indirect and intersectional discrimination on grounds including race, ethnicity, age, nationality, religion, migration status, disability, sexual orientation and gender identity, as well as ensuring access to effective and appropriate remedies for victims of discrimination;
• (b) Strengthen its awareness-raising efforts aimed at promoting respect for human rights and tolerance for diversity, and eradicating stereotypical prejudices based on race, ethnicity, religion or sexual orientation and gender identity, or any other grounds protected under international human rights law;
• (c) Encourage the reporting of hate crimes and ensure that such crimes are effectively and thoroughly investigated, perpetrators are prosecuted and, if convicted, punished with appropriate sanctions, and victims are provided with effective remedies;
• (d) Provide adequate training to central and local authorities, law enforcement officials, judges and prosecutors on addressing hate speech and hate crimes, and to media workers on promoting acceptance of diversity.

Right of peaceful assembly

With reference to the Committee general comment No. 37 on the Right of peaceful assembly (2020), the State party should foster an enabling environment for the exercise of the right to peaceful assembly and ensure that limitations on that right are in strict compliance with article 21 of the Covenant and the principles of proportionality and necessity. With this in mind, the State party should consider repealing or amending Articles 11 and 12 of the Assembly and Demonstration Act. The State party should ensure that all law enforcement officers systematically receive training on the use of force, especially in the context of demonstrations.

Freedom of association

The State party should ensure that individuals fully enjoy their rights to freedom of association and that any restrictions on the exercise of such rights comply with the strict requirements of article 22, paragraph 2 of the Covenant. In particular, it should:

• (a) Amend the Trade Union and Labor Relations Adjustment Act and other related laws in order to ensure that all workers – including public officials, teachers and workers in non-standard forms of employment – can fully exercise the right to form and join a trade union, the right to collective bargaining and the right to strike, and that limitations on that right are in strict compliance with Article 22 of the Covenant;
• (b) Ensure that trade unions are not subjected to stigmatisation, interference and judicial harassment, and instead foster an enabling environment for the exercise of the right to freedom of association;
• (c) Consider withdrawing its reservation to Article 22 of the Covenant.

Here you can find all the recommendations given by the Committee in the Concluding Observations.

The follow-up report of the Republic of Korea on the implementation of the recommendations is due in 2026. The next list of issues will be adopted in 2029, and the next periodic report is due in 2030.