Article 19 (Duties)

The Commission shall perform duties falling under the following subparagraphs:

  1. Investigation and research with respect to statutes(including bills submitted to the National Assembly), legal systems, policies and practices related to human rights, and recommendation for their improvement or presentation of opinions thereon;

  2. Investigation and remedy with respect to human rights violations;

  3. Investigation and remedy with respect to discriminatory acts;

  4. Survey on human rights conditions;

  5. Education and public awareness on human rights;

  6. Presentation and recommendation of guidelines for categories of human rights violations, standards for their identification and preventive measures therefor;

  7. Research and recommendation or presentation of opinions with respect to the accession of any international treaty on human rights and the implementation of the treaty;

  8. Cooperation with organizations and individuals engaged in any activity to protect and promote human rights;

  9. Exchange and cooperation with international organizations related to human rights and human rights institutions of other countries; and

  10. Other matters deemed necessary to protect and improve human rights.

Article 20 (Consultation with State Organs)

(1) If the head of a related state administrative organ or local government intends to enact or amend any statute which includes contents likely to affect the protection and promotion of human rights, he/she shall notify the Commission in advance.

(2) The Commission may, if deemed necessary for　the　performance of its duties, request state organs, local governments and other public or private organizations (hereinafter referred to as "related entities") to consult with it.

(3) Those related entities which receive a request under paragraph (2) shall faithfully comply therewith unless there exists any justifiable reason.

Article 21 (Hearing of Commission's Opinion in Preparing Governmental Report)

If a related state organ prepares a governmental report under the provisions of any international treaty on human rights, it shall hear opinions of the Commission.

Article 22 (Submission of Materials and Reference for Information)

(1) The Commission may, if deemed necessary for the performance of its duties, require the related entities to submit necessary materials to it or refer to the said entities for information.

(2) The Commission may require any person who is deemed to know the facts necessary for the performance of its duties or to have professional knowledge or experience to present himself/herself in order to hear his/her statement.

(3) Those entities which are so required or referred to under paragraph (1) shall, without delay, comply with such requirement or reference.

Article 23 (Hearing)

(1) The Commission may, if deemed necessary for the performance of its duties, require the representative of the related entity, the interested persons or other persons who have much knowledge and experience on relevant matters to present themselves and hear the statements of the relevant facts and opinions from them.

(2) The procedures and methods of hearings held by the Commission under paragraph (1) above shall be prescribed by the rule of the Commission.

Article 24 (Visit and Investigation of Facilities)

(1) The Commission(including a subcommittee) may, if deemed necessary, visit detention or protective facilities to conduct an investigation by its resolution.

(2) A commissioner, who visits and investigates under paragraph (1), may be accompanied by members of the staff of the Commission and experts, who are deemed necessary to perform their duties, and may delegate the investigation on any matter to them by specifying its scope. In this case, the experts as so delegated shall, if investigating the said matter, be accompanied by members of the staff of the Commission.

(3) The commissioner, member of the staff of the Commission or expert, who visits and investigates under paragraph (2)(hereinafter referred to as the “commissioner, etc.” in this Article), shall show the interested persons an identification verifying his/her authority to do so, and the head or administrator of a detention or protective facility visited and investigated by the commissioner, etc. shall immediately provide conveniences necessary for such visit and investigation.

(4) The commissioner, etc., who visits and investigates under paragraph (2), may hold an interview with staff members concerned or detainees of the relevant detention or protective facility (hereinafter referred to as a “facility detainee”) and also may have them present oral or written statements or opinions.

(5) Staff members concerned of the relevant detention or protective facility may be present at an interview with detainees held by the commissioner, etc.: Provided, That it shall be prohibited to record the contents of the said interview.

(6) Other necessary matters for the procedures and methods of visit and investigation of detention or protective facilities shall be prescribed by the Presidential Decree.

Article 25 (Recommendation of Improvement or Rectification of Policies and Practices)

(1) The Commission may, if deemed necessary to protect and promote human rights, recommend related entities to improve or rectify specific policies and practices, or may present opinions thereon.

(2) The heads of related entities receiving any recommendation under paragraph (1) shall respect and endeavor to implement the said recommendation.

(3) In case the heads of related entities receiving any recommendation under paragraph (1) fail to implement the said recommendation, they shall clarify the reasons for such failure to the Commission in writing.

(4) The Commission may, if deemed necessary, publish its recommendation and presented opinions under paragraph (1) and the reasons clarified by the heads of related entities under paragraph (3).

Article 26 (Education and Public Awareness on Human Rights)

(1) The Commission shall conduct the education and raise public awareness　necessary to awaken and enhance everyone's consciousness of human rights.

(2) The Commission may consult with the Minister of Education and Human Resources Development to include contents concerning human rights in the curriculum of schools under the provision of Article 23 of the Elementary and Secondary Education Act.

(3) The Commission may consult with the heads of schools established under the provision of Article 2 of the Higher Education Act on necessary matters for the development of human rights education and research.

(4) The Commission may consult with the heads of related state organs or local governments to include subject-matters of human rights in employment or promotion examinations and training or education courses for public officials.

(5) The Commission may, in consultation with the heads of research institutions or study associations established under the Act on the Establishment, Operation and Fosterage of Government-Invested Research Institutions, etc., make a request for researches on human rights to them or carry out such researches jointly with them.

(6) The Commission may recommend the organizations or facilities for social education under the Social Education Act to include subject-matters of human rights in their education programs.

Article 27 (Center for Human Rights Materials)

(1) The Commission may establish a center for human rights materials.

(2) The center for human rights materials shall collect, arrange and preserve domestic and foreign information and data concerning human rights, and may provide them to the public.

(3) The center for human rights materials shall be deemed to be a library under the Libraries and Reading Promotion Act.

(4) Necessary matters for the establishment and operation of the center for human rights materials shall be prescribed by the rule of the Commission.

Article 28 (Presentation of Opinions to Courts and Constitutional Court)

(1) In case a trial, which significantly affects the protection and promotion of human rights, is pending, the Commission may, if requested by a court or the Constitutional Court or if deemed necessary by the Commission, present its opinions on de jure matters to the competent division of the court or the Constitutional Court.

(2) In case a trial with respect to matters investigated or dealt with by the Commission under the provisions of Chapter Ⅳ is pending, it may, if requested by a court or the Constitutional Court or if deemed necessary by the Commission, present the opinions on de facto and de jure matters to the competent division of the court or the Constitutional Court.

Article 29 (Preparation, etc. of Report)

(1) The Commission shall prepare an annual report on its activities for the preceding year, human rights situation and improvement measures and report thereon to the President of the Republic of Korea and the National Assembly.

(2) Except for the report under paragraph (1), the Commission may, if deemed necessary, make any other special report to the President of the Republic of Korea and the National Assembly.

(3) The related entities, etc. may present to the Commission their opinions on the report under paragraphs (1) and (2) as well as the results of the measures which they have already taken or plans of measures to be taken.

(4) The Commission shall open the report under paragraphs (1) and (2) to the public: Provided, That any matter which requires confidentiality on the ground of national security or protection of reputation or privacy of an individual, or the release of which is restrained by any other Act, may not be made public.