What Are South Korea`s Laws

Both the Constitution and the Penal Code contain provisions prohibiting retroactive laws and violations of due process guarantees. In addition, the Constitution prescribes warrants for judicial arrest against arrest, detention, search or seizure, unless a person suspected of a criminal offence is arrested in flagrante delicto or a person suspected of a sufficiently serious crime runs the risk of absconding or destroying evidence; in which cases a subsequent arrest warrant may be issued. Furthermore, no suspect may be tortured or compelled to testify against himself. The Constitution also requires that a person arrested for an offence be assisted by a lawyer and have the right to apply for habeas corpus in court. The Government has implemented programmes to facilitate access to buildings, information and communication for persons with disabilities. However, many companies continued to flout the law and chose to pay fines instead of incurring costs for structural adjustments. The Korea Armed Persons` Rights Research Institute reported that people with intellectual disabilities do not receive adequate education or support to become self-reliant. Employment rates for adults with disabilities remained low and public support for family care was insufficient. In general, police responded quickly and appropriately to reported incidents, and the justice system effectively enforced the law. Because a rape conviction requires proof that violence was used, and because the country`s defamation laws allow for counterclaims by alleged perpetrators, rape offenses have been underreported and prosecuted. The law provides for freedom of expression, including for the press, and the government has generally respected this right.

An independent press, an effective judiciary and a functioning democratic political system are all factors that promote freedom of expression, including for the press. Nevertheless, the government`s interpretation and implementation of the NSL and other laws and provisions of the Constitution restricted freedom of expression and opinion, and restricted access to the Internet. In October 2019, authorities allowed an Angolan couple and their four children to enter the country after more than eight months in the departures area of Incheon airport. They had arrived in December 2018 and sought asylum for torture and sexual abuse by Angolan police. In January 2019, the Immigration Bureau at Incheon Airport rejected the family`s preliminary motion, saying it believed the family`s motivation for immigration was economic in nature. The family filed a lawsuit to appeal the refusal. In June 2019, the Korean National Human Rights Commission and human rights activists cited the Angolan family calling for better treatment of asylum seekers at the airport. In April, media reported that the family was living in an apartment, that the children were attending school, receiving psychological and medical treatment, and that their asylum claims had been pending since September. Ordinances refer to all subordinate laws (with the exception of treaties, international laws and municipal ordinances and rules) prescribed by the administrative authority.

Administrative legislation includes presidential decrees, decrees issued by the Prime Minister and ministries, and administrative regulations. Presidential decrees issued by the President, Chief Executive, consist of delegated orders and execution orders. The jurisdiction of these orders extends to all administrative matters within the competence of the executive. Under the Convention, South Korean authorities are also required to forward any communication you send to a consular post. For example, if you write a letter to the Embassy of Canada or any other Canadian consulate in South Korea, that letter must be delivered. This is consistent with your rights to communicate with a consular officer and to have access to a consular officer. These rights must be exercised in accordance with the laws and regulations of South Korea. However, in a positive development, South Korea`s Constitutional Court on April 11 repealed the country`s strict abortion laws, which criminalized the procedure in most cases, and ordered the National Assembly to rewrite procedural laws by the end of 2020. In August, the navy released a gay soldier following what the Center for Military Human Rights Korea called a “crackdown” on LGBTI military personnel. According to the center, in 2019, under the guise of counseling, the navy searched for members of the LGBTI services and, in at least one case, questioned a person within earshot of other members of the service. Investigators requested detailed reports of sexual interactions between soldiers and searched soldiers` cell phones for evidence of same-sex relationships.

The Navy said it regretted the leak of sensitive personal information, but noted it had the authority to conduct investigations into disorderly behavior under the Military Penal Code and Defense Ministry policies. South Korea joined the International Labour Organization (ILO) in 1991 but has not ratified 4 of the ILO`s 8 core Conventions. In September, the South Korean government approved a request for parliamentary approval to ratify the ILO Conventions on freedom of association (Convention 87), the right to freedom of association and collective bargaining (Convention 98) and the prohibition of forced labour (Convention No. 29). He also proposed three bills to reform trade union laws, including one allowing for the formation of unions for civil servants and teachers. Seoul Mayor Park Won-soon committed suicide on July 9, a day after his former secretary filed a police complaint alleging Park sexually harassed her. According to the complaint, beginning in 2017, Park repeatedly touched the woman without her consent and sent her inappropriate messages and photos, with the harassment continuing even after the office change. In a statement after Park`s death, the secretary said Park sent her photos of himself wearing only underwear and called her to a room in his office and asked her to hug him. By law, the case ended after Park`s death. However, women`s rights activists and the complainant`s lawyer continued to call for a thorough investigation.