Article 30 (Matters Subject to Investigation of Commission)

(1) In any case falling under the following subparagraphs, the person whose human rights are violated(hereinafter referred to as a "victim") or any other person or organization, that comes to know the violation of human rights, may file a petition to the Commission:

1. In case such human rights as guaranteed in Articles 10 through 22 of the Constitution are violated by the performance of duties (excluding the legislation of the National Assembly and the trial of a court or the Constitutional Court) of state organs, local governments or detention or protective facilities; or

2. In case there exists a discriminatory act of any violation of the right of equality by a juristic person, organization or private individual.

(2) The term "discriminatory act of violating the right of equality" means any of the following acts of unreasonable discrimination on the ground of gender, religion, disability, age, social status, regional, national or ethnic origin, physical condition such as features marital status, pregnancy or delivery, family status, race, skin color, thought or political opinion, criminal record of which effective term of the punishment has been expired, sexual orientation, or history of diseases: Provided, That if the favorable treatment for particular persons (including groups of particular persons; hereinafter the same shall apply) is excluded from the scope of discriminatory acts by any other Act, such favorable treatment shall not be deemed to be a discriminatory act:

1. Any act of favorably treating, excluding, differentiating or unfavorably treating a particular person in employment (including recruitment, appointment, training, assignment of tasks, promotion, payment of wages　and payment　of commodities other than　wages，financing, age limit, retirement, and dismissal, etc.);

2. Any act of favorably treating, excluding, differentiating or unfavorably treating a particular person in the supply or use of goods, services, transportation, commercial facilities, land and residential facilities; and

3. Any act of favorably treating, excluding, differentiating or unfavorably treating a particular person in the use of educational facilities or vocational training institutions.

(3) Even if any petition under paragraph (1) is not filed, the Commission may, ex officio, initiate an investigation when it deems that there exists a reasonable ground for believing that human rights have been violated and that such violation is serious.

(4) Necessary matters concerning the procedures and methods of a petition under paragraph (1) shall be prescribed by the rule of the Commission.

Article 31 (Guarantee of Petition Right of Detainee of Detention or Protective Facility)

(1) If a detainee of any relevant detention or protective facility intends to file a petition to the Commission, the public official or staff belonging to the said facility (hereinafter referred to as the "public official concerned, etc.") shall immediately afford such detainee time, a place, and conveniences necessary to prepare the written petition.

(2) If any detainee desires to file a petition in the presence of a commissioner or the staff member of the Commission (hereinafter referred to as a "commissioner, etc."), the public official concerned, etc. shall immediately notify the Commission.

(3) The public official concerned, etc. shall immediately send the written petition which is prepared by a detainee under paragraph (1) to the Commission and deliver the voucher of the document receipt which is issued by the Commission to the said detainee. In case of the notice under paragraph (2), a document verifying such notice and a document of fixed interview date which are issued by the Commission shall be delivered immediately to the same detainee.

(4) If the Commission is informed under paragraph (2) or deems that there exists any reasonable ground that a detainee truly desires to file a petition, it shall have a commissioner, etc. visit the relevant detention or protective facility to receive an oral or written petition from the said detainee. In this case, the commissioner, etc. who receives the petition shall immediately prepare a document verifying such receipt and deliver that document to the same detainee.

(5) With respect to the visit to the relevant detention or protective facility and receipt of any petition by a commissioner, etc. under paragraph (4) of this Article, Article 24 (3) and (4) of this Act shall apply mutatis mutandis.

  (6) The staff of the relevant detention or protective facility shall not participate in an interview which a commissioner, etc. holds with detainees who have filed petitions (including those who intend to do so), or shall not hear or record the contents of such interview: Provided, That the said staff may watch them at a distance of visibility.

(7) The public official concerned, etc. shall not peruse a written petition or document prepared by a detainee for the purpose of the presentation thereof to the Commission.

(8) Measures which detention or protective facilities shall take to guarantee the free preparation and presentation of a written petition by a detainee and other necessary procedures and methods, shall be prescribed by the Presidential Decree.

Article 32 (Rejection of Petition, etc.)

  (1) The Commission shall reject a petition which falls under any of the following subparagraphs:

1. In case the contents of a petition do not fall under the scope of the matters subject to the investigation of the Commission;

2. In case the contents of a petition are deemed manifestly false or ill-founded;

3. In case a petition is filed by any person other than a victim, but it is manifest that the victim does not desire the investigation thereof;

4. In case a petition is filed after one or more years have elapsed since the facts causing the petition happened: Provided, That this shall not apply to the case that the statutory limitation for public or civil prosecution with respect to such facts is not completed and that the Commission determines to investigate;

5. In case at the time when a petition is filed to the Commission, with respect to the facts causing the petition, a trial at a court or the Constitutional Court, a criminal investigation by an investigation agency or a procedure for the relief of rights under any other Act is in progress or terminated: Provided, That this shall not apply if the Commission receives a petition against cases identical with those falling under crimes of Articles 123 through 125 of the Criminal Act which are being investigated by the investigation agency;

6. In case a petition is filed under any pseudonym or anonym;

7. In case the Commission deems it improper to investigate a petition;

8. In case a petition is withdrawn by the detainee who files it;

9. In case a petition, with the facts identical with any other petition which has already been dismissed by the Commission, is filed;

10. In case the purport of a petition is contrary to the final judgment of a court or decision of the Constitutional Court on the facts causing the petition.

  (2) In case the Commission rejects a petition under paragraph (1), it may, if deemed necessary, deliver the petition to related entities. In this case, those related entities to which the petition is delivered shall, if requested by the Commission, inform the Commission of the results of treatment thereof without delay.

  (3) The Commission may, even after initiating the investigation on a petition, reject it in any case falling under any subparagraph of paragraph (1).

  (4) In case the Commission rejects or delivers a petition, it shall immediately inform the petitioner, by specifying the reason. In this case, the Commission may, if deemed necessary, advise the relevant victim or petitioner on the procedures and measures for the relief of his/her rights.

Article 33 (Other Remedies and Transfer)

  (1) In case the Commission deems that the contents of a petition show a clear purport to file a petition to any relevant state organ with authority, according to the procedure for remedies as prescribed by any other Act, it shall transfer, without delay, such petition to such state organ.

(2) In case, after the Commission initiates an investigation on a petition under Article 30 (1), a criminal investigation on the petition with the same facts causing the petition is initiated by another petition or accusations of relevant victims, the said petition shall be delivered to the competent investigation agency.

(3) In case the Commission delivers a petition under paragraphs (1) and (2), it shall, without delay, inform the petitioner and those related entities to which the petition is delivered shall, if requested by the Commission, inform the Commission of the results of disposition thereof.

Article 34 (Cooperation between Investigation Agency and Commission)

(1) If there exists any reasonable ground that the facts causing a petition fall under criminal acts and it is deemed that there exists a necessity either for preventing the suspect thereof from escaping or destroying evidence or for obtaining evidence, the Commission may request the Prosecutor General or the head of the competent investigation agency to initiate an investigation as well as to take necessary measures

(2) The Prosecutor General or the head of the competent investigation agency who receives a request under paragraph (1) shall, without delay, inform the Commission of the results of the measures taken by him/her.

Article 35 (Purpose of Investigation)

(1) The Commission shall endeavor not to impede the performance of functions of state organs in the course of its investigation.

  (2) The Commission shall not conduct investigation for the purpose of infringing on the privacy of any individual or unduly participating either in any pending judicial proceedings or in an indictment of any case under investigation.

Article 36 (Methods of Investigation)

(1) The Commission may investigate petitions by such methods as prescribed in the following subparagraphs:

1. To require a petitioner, a victim or the respondent (hereinafter referred to as the "party concerned") or an interested person to be present and submit a written statement, or to hear his/her statement;

2. To require the party concerned, an interested person or the related entity to submit such materials as deemed related to matters subject to investigation;

3. To conduct an on-site inspection or evaluation of any such place, facility or material as deemed related to matters subject to investigation and

4. To refer to the party concerned, an interested person or the related entity, etc. for such fact or information as deemed related to matters subject to investigation.

(2) The Commission may, if deemed necessary for the investigation, have a commissioner, etc. visit any relevant place or facility to conduct an on-site inspection or evaluation of any place, facility or material. In this case, a commissioner, etc. may require any party concerned or related person to present himself/herself and hear his/her statement at such place or facility.

  (3) Any person who is required to submit a written statement under paragraph (1) 1 shall submit it within 14 days.

(4) The presence of the respondent under paragraphs (1) and (2) of this Article may be required only if it is difficult to judge any relevant case by the very written statement of the person who commits a violation of human rights or discriminatory act and if there exists any reasonable ground that a violation of human rights and a discriminatory act under the provision of Article 30 (1) are deemed to occur.

(5) A commissioner, etc. who conducts investigation under paragraph (2) may require the head or a staff member managing the relevant place or facility (hereafter referred to as a "related person" in this Article) to submit the necessary materials or articles.

(6) A commissioner, etc. who conducts investigation under paragraph (5) shall carry an identification card indicating his/her authorities and show the card to the related persons.

  (7) If the Commission requests the head of any related state organ to submit relevant materials or articles or intends to conduct an on-site inspection or evaluation of the said materials or articles or relevant facilities, the head may reject such submission, inspection or evaluation by clearly explaining to the Commission that those materials, articles or facilities fall under any of the following subparagraphs. In this case, the Commission may request the head to identify any necessary matters and the head shall faithfully comply with such request:

1. In case of the state’s classified information having a substantial effect on national security or diplomatic relations; or

  2. Any case as deemed to be liable to cause a serious obstacle to any criminal investigation or trial in pending.

Article 37 (Authority to Interrogate or Inspect)

(1) If the Commission intends to know the location of materials or the concerned person necessary for the investigation under the provision of Article 36, it may interrogate such person that the Commission has any reasonable ground to believe that the person knows the contents thereof or may inspect the documents and other articles which the Commission has any reasonable ground to believe that they include such contents.

(2) The provisions of Article 36 (5) through (7) shall apply mutatis mutandis to the provision of paragraph (1).

Article 38 (Recusal, etc. of Commissioner)

(1) A commissioner and a conciliation member under the provision of Article 41 (hereinafter referred to as the "commissioner" in this Article) shall, if falling under any of the following subparagraphs, be excluded from the participation in the deliberation and resolution on the relevant petition:

  1. In case the commissioner or any person who is or was his/her spouse is the party concerned of the relevant petition or holds any rights or obligations jointly with the party concerned;

  2. In case the commissioner is or was a blood relative of the party concerned of the relevant petition;

  3. In case the commissioner has testified or made an evaluation concerning the relevant petition;

  4. In case the commissioner participates or participated in the relevant petition as an agent of the party concerned; or

5. In case the commissioner has involved in any criminal investigation, trial, or relief procedures under any other Act with respect to the relevant petition. 

  (2) The party concerned may, if there exists any ground for which it would be difficult to expect the impartial deliberation and resolution of the commissioner, make a request for recusal to the president of the Commission, who shall, in turn, make a decision thereon without referring the request to the Commission for resolution:  Provided, That if it is inadequate that the president of the Commission makes the decision, the said request shall be referred to the Commission for the resolution.

  (3) Any commissioner may voluntarily refrain from the deliberation and resolution on the relevant petition, if he/she falls under either any of subparagraphs of paragraph (1) or paragraph (2).

Article 39 (Dismissal of Petition)

  (1) The Commission shall dismiss a petition if the contents thereof fall under any of the following subparagraphs as a result of investigation:

1. In case the contents are false;

2. In case the contents are not related to any act of violating human rights subject to the investigation; and

3. In case it is deemed that any further remedy is not required because the injury related to the petition has already been relieved.

  (2) The Commission shall, if dismissing a petition, inform the party concerned of the result and grounds.

Article 40 (Recommendation of Compromise)

With respect to any petition the investigation of which is in progress or completed, the Commission may propose to both parties concerned a remedy necessary for the fair resolution of the case concerning the petition and recommend a compromise.

Article 41 (Establishment and Composition of Conciliation Committee)

  (1) A conciliation committee, which is comprised of three conciliation members, shall be established under the Commission to ensure the speedy and fair settlement of conciliation.

  (2) The conciliation committee shall deliberate and resolve on the case of petition which is referred by the Commission.

 (3) Two of the conciliation members shall be commissioned by the Commission from among the commissioners and the other member from among the persons who fall under any of the following subparagraphs: The latter shall be commissioned to work part-time and one of three conciliation members shall be qualified as an attorney-at-law:

  1. Persons who have professional knowledge and experience on human rights affairs and whose term of service related to human rights in a state organ or non-governmental organization is ten years or more;

2. Persons whose term of service as judge, public prosecutor, military judge advocate or attorney-in-law is ten years or more; or

  3. Persons whose term of service as assistant professor (or corresponding position thereto) or higher either at college or at an authorized research institute is ten years or more.

  (4) Necessary matters concerning the commission and term of office of the conciliation members, the operation of the conciliation committee and the procedures of conciliation, etc. shall be prescribed by the rule of the Commission.

  (5) With respect to matters concerning the procedures for conciliation which are not prescribed both by this Act and by the rule of the Commission, the Judicial Conciliation of Civil Disputes Act shall apply mutatis mutandis .

Article 42 (Conciliation)

  (1) If with respect to the relevant petition, the Commission decides that there was an act of violating human rights, but the compromise under the provision of Article 40 is not reached, it may, at the request of the party concerned or ex officio, refer the petition to the conciliation committee for the relevant procedure.

(2) The conciliation shall be completed at the time when, after the procedures are initiated, both parties concerned enter the compromised matters in the document of conciliation by fixing their signature and seal and the conciliation committee, in turn, identifies it.

  (3) If both parties concerned fail to reach a compromise in the course of the procedures for conciliation, the conciliation committee may make a decision in lieu of the conciliation in order to fairly settle the case.

  (4) The decision in lieu of conciliation may include any of the following:

  1. Stoppage of an act of violating human rights subject to the investigation;

  2. Restitution, compensation for damage or other necessary remedies; or

  3. Measures necessary for the prevention of recurrence of the same or similar act of violating human rights.

  (5) If the conciliation committee makes a decision in lieu of conciliation, it shall serve both parties concerned with the written decision without delay.

  (6) If any party concerned fails to raise an objection within 2 weeks after he/she has been served with the written decision under paragraph (5), he/she shall be deemed to accept the conciliation.

Article 43 (Effect of Conciliation)

The conciliation under the provision of Article 42 (2) and the decision in lieu of conciliation in case of no objections under the provision of Article 42 (6) shall have the same effect as a settlement at court.

Article 44 (Recommendation of Remedies, etc.)

(1) If the Commission deems that there occurred any violation of human rights as a result of the investigation of any petition, it may recommend the respondent or the head of the organ or organization to which he/she belongs or the supervisory institution thereof (hereinafter referred to as the "institution, etc. to which the respondent belongs") any of the following subparagraphs:

  1. Implementation of remedial measures under subparagraphs of Article 42 (4); and

2. Rectification or improvement of any relevant statute, legal system, policy or practice.

(2) The provisions of Article 25 (2) through (4) shall apply mutatis mutandis to the head of the institution, etc. to which the respondent belongs, who has received recommendation under paragraph (1) of this Article.

Article 45 (Accusation and Recommendation of Disciplinary Action)

(1)  If as a result of the investigation of any petition, the Commission deems that the contents of the petition correspond to an act of crime against which a criminal punishment is required, it may file an accusation to the Prosecutor General: Provided, That in case the accused is the military personnel or civilian personnel in the military service, the accusation may be filed to the Chief of General Staff of the armed force to which the said accused belongs or the Minister of National Defense.

(2) If the Commission finds any violation of human rights after investigation of any petition, it may recommend a disciplinary action against the respondent or any other person responsible for the same violation to the head of the institution, etc. to which he/she belongs.

(3) The Prosecutor General, the Chief of General Staff of the armed force, or the Minister of National Defense, who has received an accusation under paragraph (1), shall complete the criminal investigation within 3 months after being so received and notify the Commission of the results thereof: Provided, That he/she shall, if failing to do so within 3 months, submit the reason therefor.

(4) The head of the institution, etc. to which the respondent belongs, who has received a recommendation from the Commission under paragraph (2), shall respect the said recommendation and notify the Commission of the results of disposition thereof.

Article 46 (Provision of Opportunity to State Opinion)

(1) The Commission shall provide the respondent with an opportunity to state his/her opinion before either making a recommendation or taking a measure under the provisions of Article 44 or 45.

(2) In any such case as referred to in paragraph (1), any party concerned or interested person may state his/her oral or written opinion or present necessary materials to the Commission.

Article 47 (Request for Legal Aid for Victim)

 (1) The Commission may, if deemed necessary to investigate petitions, obtain evidence or relieve victims, request the Korea Legal Aid Corporation or any other institution to render legal aid to the said victims.

  (2) Legal aid under paragraph (1) shall not be requested against the explicit will of the relevant victim.

  (3) Necessary matters concerning the procedures, contents and methods of legal aid under paragraph (1) shall be prescribed by the rule of the Commission.

Article 48 (Recommendation of Urgent Relief Measures)

(1) The Commission may, in case after receiving any petition it deems that it is considerably probable any violation of human rights subject to the investigation is in progress and that it is likely to cause any irrecoverable damage if left as violated, recommend the respondent or the head of the institution, etc. to which he/she belongs to take a measure which falls under any of the following subparagraphs at the request of the petitioner or victim or ex officio before making a decision on the petition:

  1. Provision of medical service, meal or clothing;

  2. Participation in the on-site inspection and evaluation of any relevant place, facility or materials or the verification and evaluation which is conducted by any other organ;

  3. Change of detention or accommodation places of detainees;

  4. Stoppage of violations of human rights;

  5. Displacement of any public official who is deemed to effect violations of human rights from his/her present assigned position; and

  6. Other necessary matters for protecting the life or security of person of the victim.

(2) The Commission may, if deemed necessary, take any necessary measure for protecting the life, security of person and reputation of any party concerned or interested person, obtaining evidence or preventing the destruction thereof, or recommend the interested person and the head of the institution, etc. to which he/she belongs to take such a measure.

Article 49 (Non-Release of Investigation and Conciliation)

  The investigation of any petition and the conciliation and deliberation conducted by the Commission shall be confidential: Provided, That they may be released if the Commission makes a resolution in favor thereof.

Article 50 (Release of Results of Settlement)

  The Commission may release the contents and results of any investigation and conciliation, the recommendation to the related entities and the measures taken by such entities under this Chapter: Provided, That this shall not apply to any case in which such a release is restrained by any other Act or it is likely to infringe on the privacy of any individual.