Core document forming part of the reports of States parties

Republic of Korea *

[9 November 2009]

Contents

Paragraphs Page

I.Land and people1–103

A.Geography13

B.Population, language and religion2–93

C.Other socio-economic indicators104

II.General political structure11–474

A.Modern political history11–224

B.Type of government23–245

C.Political organization25–476

1.The President25–306

2.The Prime Minister, State Council and executive branch31–346

3.The legislature35–397

4.The judiciary40–427

5.Independent organizations43–478

(a)The Constitutional Court43–448

(b)National Election Commission458

(c)National Human Rights Commission46–478

III.General legal framework of human rights protection48–778

A.Acceptance of international human rights norms48–498

B.Legal framework for the protection of human rights at the national level50–589

C.Framework within which human rights are promoted at the national level59–6510

D.Reporting process at the national level66–7011

E.Information on non-discrimination and equality and effective remedies71–7712

Annex14

I.Land and people

A.Geography

1.The Republic of Korea is situated on the Korean Peninsula spanning 1,100 kilometers north to south, and is located between the East Sea and the Yellow Sea. The Korean Peninsula, encompassing a total of 222,590 square kilometers, is part of the northeastern region of the Asian continent. The Peninsula is situated in the northwestern corner of the Pacific Ocean.

B.Population, language and religion

2.The people of the Republic of Korea have been regarded as a relatively homogeneous ethnic family. Sharing distinct physical characteristics, the Korean people are believed to be descendants of several Mongol tribes that migrated to the Korean Peninsula from Central Asia. There is only one official language: Korean.

3.As of July 2009, the Republic of Korea’s total population was estimated to be 48,746,693 with a density of 486.9 (estimated) people per square kilometer. Today, the population growth rate stands at 0.29 per cent and is expected to decline further to 0 per cent in 2019.

4.Statistics show that 10.7 per cent of the total population is 65 years or older as of July 2009, but this generation will make up 20.8 per cent of the total population in 2025. Owing to the Republic’s success in economic development, the overall health of Koreans has improved significantly over the past three decades. In 1970, the life expectancy was 58.7 years for males and 65.6 for females. These figures then increased to 76.1 for males and 82.7 for females in 2007.

5.The infant mortality rate has likewise declined sharply, with a concurring drop in maternal mortality. As a result of low birth rates and extended life expectancies, the population distribution is now shaped more like a vase. The young population (under the age of 15 years) will make up the decreasing portion of the total, while senior citizens (over 65 years) will account for some 24.3 per cent of the total population by the year 2030.

6.Great importance has traditionally been placed on education as a means for self-fulfillment, as well as a means for social advancement. Modern schools were introduced in the 1880s, and with the founding of the Republic of Korea in 1948, the Government began to establish a modern educational system, making six years of elementary school education mandatory in 1953. Compulsory education was later extended to middle school, which was responsible for three years of secondary education, and applied nationwide in 2004. Today, the Republic of Korea holds one of the highest literacy rates in the world.

7.The nation’s rapid industrialization and urbanization in the 1960s and 1970s was accompanied by the continuous migration of rural residents into the cities, particularly Seoul, which resulted in the heavy urbanization of metropolitan areas. However, in recent years, an increasing number of people have moved to newly developed suburban areas of Seoul.

8.Korean culture includes a wide variety of religious elements that have shaped the people’s way of thinking and behavior. Historically, Koreans lived under the influences of Shamanism, Buddhism, Taoism or Confucianism. In modern times, the Christian faith has made strong inroads into the country, bringing forth another important factor that may change the spiritual landscape of the people. Moreover, the population of religious believers has expanded markedly with the emergence of religious institutions as influential social organizations.

9.Freedom of religion is guaranteed by the Constitution of the Republic of Korea. According to a 2005 social statistics survey, 53.1 per cent of Koreans follow a specific religious faith. Buddhists account for 43.0 per cent of the religious population, followed by Protestants at 34.5 per cent and Catholics at 20.6 per cent.

C.Other socio-economic indicators

10.The Republic of Korea has undertaken economic development in earnest since 1962. In less than four decades, it achieved an incredible process that dramatically transformed the Korean economy. An outward-oriented economic development strategy using exports as the engine of growth contributed greatly to the radical economic transformation of the Republic. Based on such a strategy, many successful development programmes were implemented. As a result, from 1962 to 2008, the Republic of Korea’s gross domestic product (GDP) increased from US$2.3 billion to US$928.7 billion, making the Republic’s economy the world’s eleventh largest (in terms of GDP). Its per capita gross national income (GNI) soared from US$87 in 1962 to US$19,231 in 2008. These impressive figures clearly indicate the magnitude of success that these economic programmes have achieved. The nation became the twenty-ninth member country of the Organization for Economic Cooperation and Development (OECD) in 1996.

II.General political structure

A.Modern political history

11.Until the late nineteenth century, Korea, then the “Joseon Dynasty,” remained a “Hermit Kingdom,” adamantly opposed to Western demands for diplomatic and trade relations. Over time, however, a few Asian and European countries competed with each other for influence over the Korean Peninsula. In 1910, Japan forcibly annexed the Joseon Dynasty and instituted colonial rule. All Government functions as well as industries were taken over by the Japanese and the country was oppressed and exploited owing to Japanese imperialist control. Thirty-five years of Japanese rule ended in 1945 when Japan was defeated by the Allied Forces during the Second World War.

12.After liberation, the Soviet Union and the United States divided the Korean Peninsula north and south at the 38th parallel for the purpose of disarming the remaining Japanese troops. As each occupation force imposed its own system on the area under its jurisdiction, efforts to establish a united independent Government in the peninsula were constantly thwarted. As conflict between the United States and the Soviet Union intensified, the issue of the Korean Peninsula was placed on the agenda of the United Nations, which decided to hold general elections under the auspices of the United Nations Temporary Commission on Korea (UNTCOK).

13.The first elections were carried out on 10 May 1948 in the areas south of the 38th parallel, and Syngman Rhee was elected the first President of the Republic of Korea in 1948. Meanwhile, north of the 38th parallel, as the Soviet Union denied entrance to UNTCOK, a communist regime was established under the leadership of Kim Il Sung.

14.On 25 June 1950, the Korean War broke out. The War devastated the Peninsula, leaving almost 3 million Koreans dead or wounded, and millions of others homeless and separated from their families. A ceasefire was signed in July 1953.

15.As democracy in the Republic of Korea was still in its developing stages during the 1950s, the country experienced tremendous political and economic difficulties. President Rhee stepped down in April 1960 as a result of a student-led uprising, and the Second Republic was established, as Chang Myon of the Democratic Party formed a Government in August later that year.

16.The Second Republic, however, was brought down by a coup d’état led by Major General Park Chung-hee on 16 May 1961. The Supreme Council for National Reconstruction, headed by Major General Park, took over the legislative, executive and judicial functions of the Government.

17.Park Chung-hee became President in an election in 1963. His Administration pursued rapid industrialization and achieved high economic growth during the 1960s and 1970s, a period that is often dubbed as “the Miracle on the Hangang River.” Despite high growth in the Korean economy during this time, Government rule under Park Chung-hee was accompanied by severe restrictions in political rights and civil liberties.

18.The President’s assassination in October 1979 resulted in a tumultuous transition period that was ruled under martial law. Subsequently, Choi Kyu-hah, who was installed as a caretaker President during this time, resigned in August 1980. Chun Doo-hwan was elected President of the Republic of Korea by the National Conference for Unification, which functioned as a college of electors, established under the Park Administration.

19.Pro-democracy movements intensified throughout the 1980s and presidential elections by direct popular vote were restored by constitutional revision in 1987. Roh Tae-woo, also a former general, was elected President under the new Constitution, and the democratic advances achieved during his Administration set the stage for the election of the first civilian president in 32 years. Kim Young-Sam, a long-time pro-democracy activist, was elected President in 1992 on the ruling party ticket.

20.In the 1997 presidential election, Kim Dae-jung, leader of the major opposition, National Congress for New Politics, was elected. His Administration, called the “Government of the People,” was created through the first-ever peaceful transfer of power from the ruling to the opposition party in Korean constitutional history.

21.In February 2003, Roh Moo-hyun was inaugurated as the sixteenth President, and his Administration, called “Participatory Government,” launched the Policy of Peace and Prosperity. The Policy was an outgrowth of President Roh Moo-hyun’s strategic vision, envisaging the laying of the foundation for peaceful unification and the groundwork for a take-off towards becoming an economic hub of Northeast Asia through the promotion of peace in the Korean Peninsula and the pursuit of common prosperity between the two Koreas.

22.In February 2008, Lee Myung-bak was inaugurated as the seventeenth President of the Republic of Korea. To carry on the legacy of historic progress, his Administration has aimed to nurture new growth engines and to revive the economy. The Lee Administration has also strived to meet the challenges including globalization, the advent of an age of knowledge and information, global warming and diversification of international relations. It also attaches great importance to universal values such as human rights and democracy.

B.Type of government

23.The Republic of Korea is a democratic republic. The Constitution of the Republic of Korea, in its preamble, states that the primary constitutional aim is to afford equal opportunities to every person and provide for the fullest development of individual capabilities in all fields, including political, economic, social and cultural life, by further strengthening the basic free and democratic order conducive to private initiative and public harmony. It also institutionalizes the separation of powers and the rule of law.

24.The Republic’s political system is a blended presidential system encompassing some of the characteristics of a parliamentary system, making it different from a pure presidential system. For example, the system has a Prime Minister whose appointment is approved by the National Assembly. Also, the Executive, including the President, often introduces bills on the floor of the National Assembly.

C.Political organization

1.The President

25.The President of the Republic of Korea, leader of the Government’s executive branch and head of State, is selected through secret ballots in direct national elections by all citizens aged 19 years or older. The President serves a single five-year term, with additional terms specifically disallowed by constitutional provision. The most recent presidential election was held in December 2007.

26.Candidates for the Presidency must be 40 years of age or older, nationals of the Republic of Korea, and eligible to vote (election violations and other high crimes, as well as severe mental illness, may result in legal disenfranchisement).

27.The single-term safeguard prevents any individual from holding the reins of Government power for a protracted period of time. In the event of presidential disability, the Presidency devolves to the Prime Minister, followed by members of the State Council in a succession order predetermined by law. In the event of a vacancy in the office of the Presidency, a successor must be elected within 60 days.

28.The President’s duties include safeguarding the independence of the Republic of Korea and defending the Constitution, pursuing peaceful reunification of the homeland, and executing the laws of the Republic as ratified by the National Assembly.

29.The President’s powers include exercising a veto over National Assembly bills (which can be overridden by a two-thirds majority of the National Assembly), attending and addressing National Assembly meetings, submitting a referendum directly to the public, declaring war and concluding peace, serving as commander-in-chief of the armed forces, declaring martial law, promulgating law, submitting Government budgets to the National Assembly, and granting amnesties, commutations, and awards. Many of the Presidential powers are held in check by the National Assembly.

30.The President may not be charged with criminal offences during his term of office except for insurrection or treason. The President appoints and dismisses public officials, including the Prime Minister and members of the State Council, who hold office at his directive and may be removed by his order.

2.The Prime Minister, State Council and executive branch

31.Under the Republic of Korea’s Presidential system, the President performs his executive functions through the State Council, which is made up of 15 to 30 members and presided over by the President. The State Council is a constitutionally established deliberative body, composed of the leaders of various Government departments as determined by the President, through which the President delegates his authority.

32.The Prime Minister is appointed by the President and approved by a majority of the National Assembly. As the principal executive assistant to the President, and a member of the State Council, the Prime Minister supervises the administrative ministries and manages the Office for Government Policy Coordination under the direction of the President. The Prime Minister also has the power to deliberate major national policies within the State Council, and to attend meetings of the National Assembly.

33.Members of the State Council are appointed by the President upon the recommendation of the Prime Minister and are subject to a hearing at the National Assembly in review of their qualifications. They lead and supervise their administrative ministries, deliberate major State affairs, and act on behalf of the President. Members of the State Council shall attend any meetings of the National Assembly, report on the State administration or deliver opinions and answer questions. Members of the State Council are collectively and individually responsible to the President only.

34.In addition to the State Council, the President has several agencies under his direct control to formulate and carry out national policies: the Board of Audit and Inspection, the National Intelligence Service, and the Korea Communications Commission. The heads of these organizations are appointed by the President, but the presidential appointment of the Chairman of the Board of Audit and Inspection is subject to the approval of the National Assembly. The Board of Audit and Inspection is independent from the President in carrying out its duties.

3.The legislature

35.Legislative power is vested in the National Assembly, which is a unicameral legislature, currently composed of 299 members (constitutional provision sets a minimum of 200 members) who serve four-year terms. Only nationals of the Republic of Korea who are eligible to vote and are 25 years of age or older may be elected to the National Assembly.

36.Out of the 299 members, 245 are elected by popular vote from local constituencies, while the remaining 54 members obtain their seats through a proportional representation system in which seats are allocated to each political party that has gained more than 3 per cent of all valid votes or more than five seats in the local constituency election. The system is aimed at reflecting the voices of people from different walks of life while enhancing the expertise of the Assembly.

37.The National Assembly is vested with a number of functions under the Constitution, foremost of which is making laws. Other functions of the Assembly include approval of the national budget, matters related to foreign policy, declaration of war, the stationing of Korean troops abroad or of foreign forces within the country, inspection or investigation of specific matters regarding State affairs and impeachment.

38.A member of the National Assembly is not held responsible outside the Assembly for any opinions expressed or votes cast in the legislative chamber. During a session of the Assembly, no Assembly member may be arrested or detained without consent of the Assembly except in the case of a flagrant criminal act.

39.There are two types of legislative sessions: regular and special sessions. The regular session is convened once a year from September through December, and special sessions may be convened upon the request of the President or by one-fourth or more of the members of the Assembly. The period of a regular session is limited to 100 days and that of a special session to 30 days.

4.The judiciary

40.The judiciary of the Republic of Korea consists of the Supreme Court, High Courts, District Courts, Patent Court, Family Courts, Administrative and Local Courts, and the Military Court.

41.The Supreme Court is the highest judicial tribunal. It hears appeals on cases rendered by lower courts. The Chief Justice of the Supreme Court is appointed by the President with the consent of the National Assembly. Other Justices are appointed by the President upon the recommendation of the Chief Justice. The term of office for the Chief Justice is six years and is not renewable. The Chief Justice must retire from office at the age of 70. The term for other Justices is six years. Though they may be re-appointed in accordance with legal provisions, they must retire from office when they reach the age of 65.

42.The Military Court has jurisdiction over criminal cases only. It tries all crimes which are recognized in the civilian society, as well as crimes under the Military Criminal Law and Military Secret Protection Law.

5.Independent organizations

(a)The Constitutional Court

43.The Constitutional Court was established in September 1988 as a key part of the constitutional system. The Court is empowered to interpret the Constitution and to review the constitutionality of all statutes, to make judicial decisions on impeachment or on dissolution of a political party, and to pass judgment in competence disputes and constitutional complaints.

44.The Court is composed of nine Justices and they are appointed by the President. However, three of the Justices are appointed from persons selected by the National Assembly, and three appointed from persons nominated by the Chief Justice of the Supreme Court. The term of office for Justices is six years and is renewable.

(b)National Election Commission

45.In accordance with the provision of Article 114 of the Constitution, the National Election Commission was established as an independent constitutional agency. It carries out the management of elections and national referenda, and deals with administrative affairs concerning political parties and funds.

(c)National Human Rights Commission

46.The National Human Rights Commission was established in 2001 as a national advocacy institution for human rights protection. It is committed to the fulfillment of human rights in a broader sense, including the dignity, value and freedom of every human being, as stipulated in international human rights conventions and treaties to which Korea is a party.

47.The Commission is comprised of 11 commissioners including the Chairperson, 3 Standing Commissioners and 7 Non-standing Commissioners. Among the 11 commissioners, 4 shall be elected by the National Assembly, 4 shall be nominated by the President of Korea, and 3 shall be nominated by the Chief Justice of the Supreme Court and then approved by the President of Korea.

III.General legal framework of human rights protection

A.Acceptance of international human rights norms

48.The Republic of Korea is a party to the following seven core human rights treaties: International Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic, Social and Cultural Rights (ICESCR), International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), Convention on the Rights of the Child (CRC) and Convention on the Rights of Persons with Disabilities (CRPD).

49.Detailed information on the acceptance of main international human rights treaties is as follows.

Core universal human rights treaties	Date of ratification, accession or succession	Declarations/ reservations	Recognition of specific competences of treaty bodies
ICERD	5 Dec. 1978	None	Individual complaints (art. 14): Yes
ICESCR	10 April 1990	None
ICCPR	10 April 1990	Yes (art. 22)	Inter-State complaints (art. 41): Yes
ICCPR-OP 1	10 April 1990	None
CEDAW	27 Dec. 1984	Yes (art. 16 (1 g))
OP-CEDAW	18 Oct. 2006	None	Inquiry procedure (arts. 8 and 9): Yes
CAT	9 Jan. 1995	None	Inter-State complaints (art. 21): Yes Individual complaints (art. 22): Yes
CRC	20 Nov. 1991	Yes (arts. para. 21 (a), 40 para. 2 (b) (v))
CRC-OP-AC	24 Sept. 2004	None
CRC-OP-SC	24 Sept. 2004	None
CRPD	11 Dec. 2008	Yes (art. para. 25 (e))
Other main relevant international instruments	Ratification, accession or succession
ILO fundamental conventions	Yes (except 87, 98, 29, 105)

B.Legal framework for the protection of human rights at the national level

50.In the Republic of Korea, international human rights treaties duly concluded and promulgated under the Constitution have equal effect as domestic law.

51.The Constitution of the Republic of Korea guarantees basic human rights and stipulates the categories and nature of human rights. It also stipulates the scope of the limitation of basic human rights and the obligation of the State to reaffirm and guarantee the inviolability of individual human rights. The Constitution stipulates that basic freedoms and rights should not be undervalued simply on the grounds that they are not specified in the Constitution.

52.The entire spectrum of human rights is covered by a range of acts. Such acts reaffirm and specify human rights and fundamental freedoms. No provision of an individual law can infringe basic human rights beyond the limitations stipulated in the Constitution, and in the case of an infringement, the matter may be referred to the Constitutional Court for a review of the constitutionality of the provision.

53.In principle, the protection of human rights is ensured through criminal punishment and compensation for damages. Administrative measures that violate human rights can be nullified or cancelled through administrative appeals or administrative litigation. Furthermore, in the case that the violation of fundamental human rights due to the act or omission of public power is not redressed even after all procedural remedies have been exhausted, one can file a complaint before the Constitutional Court.

54.Apart from judicial decisions, victims of human rights violations can petition the National Human Rights Commission and seek remedies through the recommendations of such institutions.

55.The various Government ministries and institutions play their own roles in the promotion and protection of human rights. Major ministries in this regard include the Ministry of Justice, which is responsible for ensuring the right to liberty and personal security, the Ministry of Education, Science and Technology for educational rights, the Ministry of Labor for labor rights, the Ministry of Health, Welfare and Family Affairs for health rights and the rights of the child, and the Ministry of Gender Equality for women’s rights.

56.In order to ensure an integrated approach to the range of diverse human rights issues dealt with by each ministry, the Government established the Human Rights Bureau in the Ministry of Justice, responsible for coordinating human rights policies within the Government. The National Human Rights Policy Council, which is presided over by the Minister of Justice and consisting of Vice Ministers of various Ministries, establishes comprehensive human rights policies such as the National Action Plan for the Promotion and Protection of Human Rights (NAP), and deals with the task of discussing and coordinating key issues of human rights policies.

57.The “NAP 2007-2011”, which is the first comprehensive plan on human rights, was adopted in May 2007. A number of related Government ministries and institutions participated in drawing up this plan, which is currently under implementation.

58.As noted in paragraph 46, the National Human Rights Commission was established in November 2001 as a national human rights institution independent from Government organizations. The National Human Rights Commission undertakes various activities including making recommendations for the improvement of policies, laws, institutions and practices. It also conducts a wide range of investigations on human rights conditions and provides recommendations on discriminatory practices. Human Rights education and public awareness building are carried out by the Commission.

C.Framework within which human rights are promoted at the national level

59.The Republic of Korea has been active in providing the general public with information on human rights through the publication of international instruments on human rights in Korean, as well as through the implementation of educational programmes at schools.

60.The Ministry of Justice is directly responsible for human rights protection. It reviews international conventions on human rights, prepares them for domestic application, and supervises whether they are appropriately implemented at schools, in the workplace, and in the daily lives of citizens.

61.The National Human Rights Commission provides human rights education for companies, the press and life-long education facilities. The Commission helps citizens to gain a better understanding of human rights by developing and distributing human rights animation and movies, and by holding exhibitions of human rights cartoons, pictures, films, and posters.

62.The texts of international conventions on human rights to which the Republic of Korea is a party have been disseminated in Korean. Information and reports from international organizations which conduct the study of human rights are also available through the Ministry of Justice and the Ministry of Foreign Affairs and Trade.

63.The concluding observations of the treaty monitoring bodies have been translated into Korean for distribution to relevant institutions and have been made public through Government websites.

64.Government representatives participate in human rights seminars, courses and other similar events organized by other Governments, international organizations, and non-governmental organizations (NGOs). The Government consults with NGOs in preparing national reports on the implementation of international human rights treaties.

65.The Government published and distributed a booklet concerning the NAP which includes relevant provisions of the seven core human rights treaties (ICCPR, ICESCR, ICERD, CEDAW, CAT, CRC, CRPD) and concluding observations of each treaty body so as to raise human rights awareness among public officials and other professionals with respect to international human rights mechanisms.

D.Reporting process at the national level

66.The Republic of Korea, as a United Nations Member State, cooperates with the United Nations system “to achieve international co-operation… in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion” (Article 1, paragraph 3, of the charter of the UN) and is committed to fulfilling the obligations under the United Nations Charter. Abiding by the Universal Declaration of Human Rights adopted by the United Nations General Assembly in 1948, the Republic of Korea will observe the basic human rights treaties and standards which serve to embody the principles set out in the Universal Declaration.

67.The Republic of Korea, as a State party to seven core human rights treaties, has faithfully submitted reports on the measures taken by the Government to implement the international human rights treaties.

68.When writing a country report on the implementation of international human rights treaties, one ministry serves as a focal point and coordinator. The focal point ministry writes a draft of the State report in cooperation with other relevant ministries. The focal point ministry holds a number of consultation meetings to examine the draft. The Government endeavors to reflect opinions of the National Human Right Commission and NGOs in drafting country reports through holding consultation meetings.

69.The Government guarantees and promotes civil, political, economic, social and cultural rights while endeavoring to protect the human rights of the vulnerable and minorities such as children, women, persons with disabilities and foreigners. The Government takes note of concluding observations made by the human rights treaty bodies in forming its policies and laws on the promotion and protection of human rights.

70.In particular, the Ministry of Foreign Affairs and Trade distributes concluding observations of the treaty bodies as well as their follow-up suggestions among relevant ministries and agencies. It also requests progress reports and new information to follow up on the results of country report reviews from other relevant ministries. Recommendations of treaty monitoring bodies were set as standards in the NAP, and the implementation of the NAP has been reviewed by the National Human Rights Policy Council. The Government seeks ways to implement the recommendations of the treaty monitoring bodies in cooperation with various stakeholders in the society.

E.Information on non-discrimination and equality and effective remedies

71.The principle of equality and non-discrimination are specified in numerous articles in the Constitution of the Republic of Korea. Article 11 guarantees equality before the law and equal protection of the law for everyone. Article 31, paragraph 1, stipulates that all citizens have an equal right to receive education, and Article 32, paragraph 4, states that special protection has to be accorded to working women and that they may not be subjected to unjust discrimination. Article 36, paragraph 1, also provides that marriage and family life are based on equality of the sexes.

72.While there is no general law on the prohibition of discrimination, there are numerous laws on anti-discrimination in the Republic of Korea that prohibit discrimination in each respective area. These laws vary in terms of anti-discrimination grounds and scope, and the level of protection and punishment. Examples of such laws include the National Human Rights Commission Act, the Anti-Discrimination Against and Remedies for Persons with Disabilities Act, the Act on Age Discrimination Prohibition in Employment and Aged Employment Promotion, the Labor Standards Act, the Employment and Support for Work-Family Reconciliation Act, the Act on the Protection of Fixed-Term and Part-Time Employees, the Act on the Protection of Dispatched Workers.

73.In general, measures against any discriminatory acts are recommendations, administrative measures, and criminal punishments. Recommendations are provided by the National Human Rights Commission of Korea (NHRCK), which is mandated to investigate individual complaints under the National Human Rights Commission Act and the Disability Discrimination Act. The NHRCK Act sets out the 21 grounds of discriminations, including race, color of skin, gender, disabilities, etc.

74.On the other hand, administrative measures are provided for age discrimination in employment and discrimination against non-regular workers and criminal punishments are in the Labor Standards Act and the Equal Employment and Work-Family Reconciliation Support Act.

75.In cases where any discriminatory acts constitute crimes specified in criminal law, they shall be punished accordingly. Compensatory orders could also be rendered through civil lawsuits. If a victim seeks remedy through judicial procedures, he or she will be provided with legal support provided he or she belongs to the low income group.

76.In particular, the Anti-Discrimination Against and Remedies for Persons with Disabilities Act was enacted in order to legally ensure human rights of disabled persons. The Act prohibits both direct and indirect discrimination and defines the refusal to provide reasonable accommodation for the disabled as discrimination.

77.The Government established the Act on the Treatment of Foreigners in Korea in July 2007 for improvement in the legal and social status of foreigners living in Korea. It provides foreigners with support for economic activities, information and education, assistance for their integration into society, and consultation for legal and civil petitions. The Act stipulates that the Minister of Justice shall set up a framework plan for policies related to foreigners every five years.

Annex

Major statistics (Korea National Statistical Office)

Land and population: 1961-2000

	Land area 1 ( km )	Population 2	Population density	M/F ratio*	Farm population 3
(Thousands)	Rate of increase ( p ercentage)	(Thousands)	Percentage of total population
1961	98 431	25 766	3.01	261.8	100.8	14 509	56.3
1971	98 234	32 883	1.99	334.7	102.6	14 712	44.7
1976	98 799	35 849	1.61	362.8	101.5	12 785	35.7
1981	99 016	38 723	1.57	391.1	101.8	9 999	25.8
1986	99 173	41 214	1.00	415.6	101.6	8 180	19.8
1991	99 300	43 296	0.99	436.0	101.3	6 068	14.0
1996	99 313	45 525	0.96	458.4	101.4	4 692	10.3
2001	99 538	47 357	0.74	475.8	101.4	3 933	0.2
2006	99 678	48 297	0.33	484.5	101.0	3 304	0.2
2007	99 720	48 456	0.33	485.9	101.0	3 274	0.2
2008	99 828	48 607	0.31	486.9	100.9	3 187	0.2

Source: 1 Statistics Yearbook of Ministry of Land, Transport an d Maritime Affairs.

2 KOSTAT, Population Projection.

3 KOSTAT, Estimated from Agricultural Survey.

* Males per 100 females.

Population structure and dependency ratio: 1980–2008

	0 – 14 years ( p ercentage)	15 – 64 years ( p ercentage)	65+ years (p ercentage)	Dependency ratio (p ercentage)
1980	34.0	62.2	3.8	60.7
1985	30.2	65.6	4.3	52.5
1990	25.6	69.3	5.1	44.3
1995	23.4	70.7	5.9	41.4
2000	21.1	71.7	7.2	39.5
2005	19.2	71.7	9.1	39.4
2006	18.6	71.9	9.5	39.1
2007	18.0	72.0	9.9	38.8
2008	17.4	72.3	10.3	38.4

Source for population structure and dependency ratio: KOSTAT, Population Projection .

Average household size: 2000–2008

2000	2001	2002	2003	2004	2005	2006	2007	2008
3.24	3.19	3.14	3.09	3.06	3.01	2.99	2.95	2.92

Source: KOSTAT, Population Projection & Household Projection (Population/Number of Households) .

Life expectancy: 1970–2007

	1970	1980	1985	1990	1995	2000	2005	2006	2007
Total	61.9	65.7	68.4	71.3	73.5	76.0	78.6	79.2	79.6
Male	58.7	61.8	64.5	62.3	69.6	72.3	75.1	75.7	76.1
Female	65.6	70.0	72.8	72.5	77.4	79.6	81.9	82.4	82.7

Source: KOSTAT, Life Tables .

Infant and maternal mortality rate: 1996–2006

	1996	1999	2002	2005	2006
Infant mortality rate	7.7	6.2	5.3	4.7	4.1
Maternal mortality rate	1.1	0.8	0.6	0.5	0.5

Source: Ministry for Health, Welfare and Family Affairs .

Total fertility rate: 1999–2008

1999	2000	2001	2002	2003	2004	2005	2006	2007	2008
1.41	1.47	1.30	1.17	1.18	1.15	1.08	1.12	1.25	1.19

Source: KOSTAT, Vital Statistics .

Female-headed households: 1975–2005

	Female-headed households (t housand households)	Female-headed households ( p ercentage of total ordinary households)
1975	850	12.8
1980	1 169	14.7
1985	1 501	15.7
1990	1 787	15.7
1995	2 147	16.6
2000	2 653	18.5
2005	3 485	21.9

Source: KOSTAT, Population and Housing Census 1975 – 2005 .

Gini Coefficient: 1996–2008

1996	1998	2000	2002	2004	2005	2006	2007	2008
0.26	0.29	0.27	0.28	0.28	0.29	0.29	0.3	0.3

Source: KOSTAT, Household Income and Expenditure Survey using disposable income d ata, urban households (excluded one-person and farm households) .

Unemployment (percentage): 1991–2008

1991	1996	2001	2002	2003	2004	2005	2006	2007	2008
2.3	2.0	4.0	3.3	3.6	3.7	3.7	3.5	3.2	3.2

Source: Economically Active Population Survey .

Ten leading causes of death

	2000	2008
1	Malignant neoplasms	Malignant neoplasms
2	Cerebrovascular diseases	Cerebrovascular diseases
3	Heart diseases	Heart diseases
4	Transport accidents	Suicides
5	Liver diseases	Diabetes
6	Diabetes	Chronic lower respiratory diseases
7	Chronic lower respiratory diseases	Transport accidents
8	Suicides	Liver diseases
9	Hypertensive diseases	Pneumonia
10	Pneumonia	Hypertensive diseases

Source: Causes of Death Statistics .

Economic indicators

	GDP (US$ billion)	Per capita GNI (US$)	GDP growth (p ercentage)	GDP deflator rate (p ercentage)	Gross external debt position (US$ million)
1971	9.5	290	8.2	14.5	-
1976	29.6	818	10.6	24.5	-
1981	71.4	1 800	6.2	18.2	-
1986	111.3	2 643	10.6	5.5	-
1991	308.1	7 105	9.4	10.7	-
1996	557.4	12 197	7.0	5.1	157 363
2001	504.6	10 631	4.0	3.9	128 687
2005	844.7	17 531	4.0	0.7	187 882
2006	951.1	19 722	5.2	-0.1	260 061
2007	1 049.3	21 695	5.1	2.1	383 152
2008	928.7	19 231	2.2	2.7	381 057