승인소위원회 보고서(2008. 11.)
Report of the Sub-Committee on Accreditation
채택일 2008. 11. 6.
4.10. Republic of Korea: National Human Rights Commission (NHRCK)
The Sub-Committee reviewed this application in the absence of the Korean representative on the Sub-Committee.
Recommendation: The Sub-Committee recommends that the NHRCK be re-accredited with status A.
The Sub-Committee notes the following:
1) The NHRCK is considered a “central government institution” under the National Fiscal Act and as such does not enjoy complete functional autonomy from the Government. This is in contrast to “independent institutions”, which are constitutionally entrenched;
2) Under article 5 of the founding Act, the process of appointing Commissioners, on nomination from the President, the National Assembly or the Chief Justice of the Supreme Court, does not provide for formal public consultation in the recruitment and scrutiny of candidates nor for the participation of civil society. The Sub-Committee refers to General Observations 2.1 “Ensuring pluralism” and 2.2 “Selection and appointment of the governing body” and encourages the adoption of procedures that ensure a broad and transparent appointment process. This should be done through public advertisement and a broad consultation procedure;
3) It acknowledges the action taken during the recent Candle Light Vigils and encourages the NHRCK to consider issuing public statements and reports through the media in a timely manner to address urgent human rights violations;
4) It stresses the need for the NHRCK to have more autonomy to appoint its own staff in a manner that does not unnecessarily delay the fulfilment of the NHRCK needs. The Sub-Committee refers to General Observation 2.7 “Staff of an NHRI”.
The Sub-Committee expresses its concern about the recent proposal to place the Commission directly under the Office of the President and subsequent interventions in the Commission’s financial and administrative affairs. It refers to General Observation 2.10 “Administrative regulation”.
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