본문 바로가기
  • Home
Basic Search

Composition and Operation of the National Human Rights Commission and Qualifications of Human Rights Commissioners

  • Journal of Human Rights Studies
  • Abbr : JHRS
  • 2024, 7(1), pp.53-95
  • DOI : 10.22976/JHRS.2024.7.1.53
  • Publisher : Korean Association of Human Rights Studies
  • Research Area : Social Science > Law > Law of Special Parts > Human Rights / International Human Rights Law
  • Received : May 15, 2024
  • Accepted : June 15, 2024
  • Published : June 30, 2024

YI, ZOON IL 1

1고려대학교

Accredited

ABSTRACT

According to the National Human Rights Commission Act, enacted to establish the National Human Rights Commission launched in 2001, the commission is composed of a total of 11 human rights commissioners, including the chairperson. The commissioners are appointed or elected as follows: the President appoints four, the National Assembly appoints four, and the Chief Justice of the Supreme Court appoints three. Among all commissioners, including the chairperson, four are full-time and the remaining seven are part-time. The President appoints the chairperson and one full-time commissioner, while the National Assembly elects the other two full-time commissioners. Regarding the meetings of the National Human Rights Commission, the National Human Rights Commission Act generally stipulates that decisions shall be made by a majority vote of the attending commissioners, following the principle of majority rule, which is understood as a fundamental aspect of democracy. However, exceptions regarding the quorum and decision-making quorum for meetings of the standing committee and subcommittees are recognized. There is controversy surrounding the interpretation of these exceptions. The National Human Rights Commission Act requires human rights commissioners to possess basic qualifications of expertise, fairness, and independence. Additionally, they must meet one of the following additional qualifications: being a university professor, a legal professional, a human rights activist, or a person of social renown. Ensuring diversity and democratic legitimacy in the appointment process of human rights commissioners is possible when there is guaranteed participation from various citizens rather than intervention from various state institutions. Among the qualifications for human rights commissioners, including the chairperson of the National Human Rights Commission, the fundamental requirement of “expertise and experience in human rights issues” needs to be prioritized. In cases where the President, National Assembly, and Chief Justice of the Supreme Court continue to appoint the chairperson or commissioners of the National Human Rights Commission, it is necessary to establish procedures to secure recommendations, opinions, and representation from civil society regarding candidates. To address situations where meetings of the standing committee cannot commence due to intentional absence, an exceptional provision allowing the chairperson to convene meetings if sufficient justification for absence is not provided needs to be added. Principally, if all members of subcommittees agree or disagree, the decision should be accepted or rejected accordingly. Exceptions should be made for cases where there are two in favor or one against, or one in favor and two against, regarding the referral to the plenary committee. When the National Human Rights Commission expresses recommendations or opinions on the policies or practices related to human rights of relevant institutions, it should also be able to express recommendations or opinions on the laws or systems that serve as the basis for such policies or practices.

Statistics

  • 225 Viewed
  • 263 Downloaded

Tools

Issue List

Citation status

* References for papers published after 2023 are currently being built.

Basic Search Advanced Search