COMMITTEE ON THE RIGHTS OF THE CHILDForty-eighth session

19 May – 6 June 2008

OPTIONAL PROTOCOL ON THE INVOLVEMENT

OF CHILDREN IN ARMED CONFLICT

List of issues to be taken up in connection with the consideration of the initial report of the Republic of Korea (CRC/C/OPAC/KOR/1 )

Under this section, the State Party is requested to submit in written form additional and updated information, if possible, before 31 March 2008

The State party report (CRC/C/OPAC/KOR/1) states: “most of the contents of the Optional Protocol are reflected in related domestic laws and regulations” (paragraph 3). Please elaborate, indicating all the relevant legislation in relation to the provisions of the Optional Protocol.

Please provide information on the authority in charge of the implementation of the Optional Protocol. Please also indicate whether there is any mechanism available for monitoring and periodically evaluating its implementation.

Please indicate whether there is any legal provision criminalizing forced recruitment or involvement in hostilities of a person under the age of 18.

Please provide information on how Korean legislation would provide protection against the involvement/recruitment of children in situations of armed conflict by armed groups, including, inter alia, armed groups that are recruiting from across borders.

Please provide detailed information as to whetherthe State party assumes extraterritorial jurisdiction over the war crime of conscripting or enlisting children under the age of 15 into the armed forces or using them to participate actively in hostilities. Also in relation to extraterritorial jurisdiction, please indicate whether Korean courts have jurisdiction in case of compulsory recruitment or involvement in hostilities of a person under 18 if committed outside the Republic of Korea, by or against a Koreancitizen. Please also clarify whether, in the case that extraterritorial jurisdiction has been assumed, there is a requirement of double criminality for such offences.

Please indicate whether the military studies at military academies mentioned in paragraph 18 of the report include weapons training, and if so, please provide details. Please also indicate whether children attending military academies have adequate access to independent complaints and investigation mechanisms.

Please provide disaggregated data (including by sex, age and country of origin) covering the years 2005, 2006 and 2007 on the number of unaccompanied asylum-seeking, refugee and migrant children coming to the Republic of Korea from areas affected by armed conflict. In this respect, please provide information on measures adopted with regard to identification; physical and psychological recovery; and social reintegration of refugee and asylum-seeking children entering the Republic of Korea who may have been recruited or used in hostilities abroad.

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