1. Overview of the National Human Rights Commission

The National Human Rights Commission (hereinafter referred to as the “NHRC") performs tasks related to the protection and improvement of human rights, such as formulating policy, educating, investigating and conducting research, providing remedy for rights violations, and exchanging and cooperating with domestic and international human rights organizations and groups, based on the National Human Rights Commission of Korea Act(Article 19).
The Commission's remedies for rights violations target acts of discrimination that infringe upon human rights and equal rights, in accordance with Chapter 4 of the Act (Article 30, paragraph 1). The Act includes harassment as a type of discrimination that infringes upon equal rights. However, on January 4, 2022, a new article, 4-2, was added and titled, Military Human Rights Protection Officer, Military Human Rights Protection Committee, and Investigation and Remedy of Military Human Rights Violations. "Human rights violations against military personnel" refers to acts of violation or discrimination that occur during the performance of duties or military life (as defined in subparagraph 5 of Article 2 of the Framework Act on Military Status and Service) of military personnel (Article 2, paragraph 7). Therefore, the Human Rights Commission can also receive and address cases of sexual harassment within the military.
The tasks of the Commission are performed by the commissioners and the secretariat. The Commission consists of 11 commissioners, including one chairperson and three standing commissioners, with one gender (sex) not exceeding 60% of the total commissioners. The appointments are as follows: ① Four commissioners are elected by the National Assembly, including two standing commissioners; ② Four commissioners are appointed by the President, including one standing commissioner; and ③ Three commissioners are appointed by the Chief Justice of the Supreme Court, upon recommendation by the President (Article 5). The Secretariat consists of the Operational Support Division, the Human Rights Counseling and Mediation Center, the Policy and Education Bureau, the Investigation and Remedy Division, the Discrimination Rectification Bureau, and the Military Human Rights Protection Division.
The Commission has subcommittees that include the Standing Committee, the Remedy Committee, and the Correction of Discrimination Committee, as well as the plenary committee. Deliberations on cases related to sexual harassment are mainly conducted by the Discrimination Rectification Committee, which is composed of three to five commissioners, and sometimes by the plenary committee. There is also a Professional Correction of Discrimination Committee that conducts prior research on and reviews matters related to the Correction of Discrimination Committee.

2. Methods and procedures for handling sexual harassment cases by the National Human Rights Commission

(1) Petitions and response to petitions
1) Filing a petition
Those who have experienced sexual harassment or those who are aware of such incidents can file a petition directly to the Human Rights Commission by visiting in person or through mail, fax, email, through the website, or by phone. If a third party (such as the victim's family, relatives, or labor union) files the petition on behalf of the victim, and if it is clear that the victim does not desire an investigation, the Human Rights Commission may dismiss the petition (Article 32, clause 3). Statistics show that 83.3% of the petitions were filed by the victims themselves, while others were filed by third parties. National Human Rights Commission, July 2020, "Guidelines for Mediation in Sexual Harassment Cases" (Appendix), Vol. 9, p. 381.

Petition related to sexual harassment can be filed with the Human Rights Counseling and Mediation Center, its official website or local Human Rights Offices. Currently, there are Human Rights Offices in Busan, Gwangju, Daegu, and Daejeon, and a branch office in Jeju, so those residing in these areas can utilize these locations. According to the Investigation and Resolution Rules, if the content of the petition which is to be received by the Center Director, Human Rights Office Director, or Branch Office Director is not specified, and the main point of the mediation cannot be clearly identified, they must notify the petitioner within 10 days of receipt of the specific details that must be added. If the petitioner does not revise the content within this period, the Center Director, Human Rights Office Director, or Branch Office Director may refuse the petition and may conclude the case (Article 8). In principle, mediation should be processed within 3 months from the date of receipt of the petition (Article 4, clause 1). If it is not possible to process within this period due to unavoidable circumstances, the reasons must be explained to the petitioner in writing. However, if the explanation is provided through methods such as face-to-face interviews or phone calls and a record kept, the written submission may be unnecessary (Article 4, clause 2).

2) Respondent
The term "respondent" refers to "a national agency, its affiliated public officials and employees, or private individuals according to Article 30, Paragraph 1 of the Act, who have been specified by the victim for violating human rights or discriminating " (Article 2, Clause 3) as defined in the Investigation and Resolution Rules.
When filing a petition, the petitioner must specify the respondent. This may include the perpetrator of sexual harassment (including civil servants and employees, employers, and workers of national agencies, local governments, schools at all levels, and public organizations), as well as the head of the affiliated organization or workplace, as sexual harassment is not just one individual’s sexual misconduct, but also involves the responsibility of the organization's management or employer, who must work to prevent sexual harassment and improve the work and educational environment to prevent recurrence.

3) Dismissal of petition
The NHRC shall not proceed with an investigation if any of the following apply to a complaint, and shall dismiss the complaint (Article 32, paragraphs 1 and 3). The dismissal shall be made by the head of the investigation department in accordance with the Investigation and Resolution Rules. If one or more of the reasons listed below for dismissal exists, the head of the relevant subcommittee shall report to the subcommittee chairperson, who shall review it and make a decision (Article 14):
① The content of the petition does not fall within the scope of investigation by the Commission;
② The content of the petition is clearly false or groundless;
③ It is evident that the alleged victim does not wish to proceed with an investigation;
④ The petition is filed more than one year after the occurrence of the facts that caused the filing. However, this shall not apply if the NHRC decides otherwise because the statute of limitations or prescription under the Civil Act has not expired;
⑤ Other legal procedures regarding the facts that caused the filing of the petition—such as a court trial, constitutional trial, or an investigation by a law enforcement agency—are in progress or haven’t been concluded;
⑥ The petition is submitted anonymously or under a pseudonym;
⑦ It is determined to be inappropriate for the Commission to investigate the petition;
⑧ The petitioner withdraws the petition;
⑨ The petition contains the same details of a petition dismissed by the NHRC;
⑩ The petitioner’s intention is contrary to the final ruling of a court or the Constitutional Court regarding the facts that caused the petition.

3. Investigation and Handling of Sexual Harassment Cases by the National Human Rights Commission

The reporting, investigation, and resolution of sexual harassment cases by the National Human Rights Commission (NHRC) are conducted in accordance with the "National Human Rights Commission Act" and the "Investigation and Remedial Measures for Human Rights Violations and Discriminatory Acts Regulations" (referred to as the "Investigation and Remedial Measures Regulations") established by the NHRC.

(1) Investigation
1) Investigations based on the petition
If the National Human Rights Commission determines that a complaint does not fall under any of the reasons for dismissal, it shall conduct an investigation, which may be conducted in the following ways (Article 36, paragraph 1):
① Request the attendance, statement or submission of written statements from the parties involved, including the petitioner, victim(s), or respondent(s) (hereinafter referred to as "the parties");
② Demand the submission of data, etc., deemed relevant to the investigation, from the parties, related parties, or relevant organizations;
③ Engage in onsite investigation or inspection of places, facilities, or data deemed relevant to the investigation;
④ Inquire into facts or information deemed relevant to the investigation from the parties, related parties, or relevant organizations.

2) Investigation by Authority
Even without a petition, the National Human Rights Commission may initiate an investigation if there are reasonable grounds to believe that a significant violation of human rights or discrimination has taken place (Article 30, paragraph 3).

(2) Exclusion, challenge, refrainment of commissioners
The National Human Rights Commission has established a system of excluding, challenging, and refraining commissioners in order to ensure fairness in handling each case (Article 38).

1) Exclusion
Any commissioner for whom any of the following subparagraphs apply shall be excluded from deliberation and resolution on a petition:
① Where the commissioner or any person who is or was his or her spouse is a party to the relevant petition or the joint holder of any rights or joint obligor of any duties with the said party in regard to the relevant petition;
② Where the commissioner is or was a blood relative of a party to the relevant petition;
③ Where the commissioner has previously testified or appraised on the relevant petition;
④ Where the commissioner has participated or is participating in the relevant petition as an agent of a party;
⑤ Where the commissioner has participated in any investigation, trial or relief procedures related to the petition under any other Act.

2) Challenge
Where there exist circumstances causing the participation of a commissioner to be prejudiced and therefore may compromise the fairness of deliberation and resolution, the party may file an application with the Commission chairperson to challenge the inclusion of such commissioner. The Commission chairperson shall make the decision him or herself, without referring the decision to the Committee. However, if it is inappropriate for the Commission chairperson to make the decision, then it shall be referred to the committee.

3) Refrainment
If sufficient grounds exist to challenge or exclude a commissioner, that commissioner may voluntarily avoid participating in the deliberation and decision-making for the relevant case (paragraph 3).
(3) Handling of sexual harassment cases by the National Human Rights Commission
The National Human Rights Commission has various ways to handle sexual harassment cases, including dismissing the petition, recommending conciliation or mediation or corrective measures, expressing opinions, recommending disciplinary action, filing a complaint, requesting legal structure for the benefit of victims, and recommending emergency relief. According to data National Human Rights Commission, July 2020, Casebook Appendix (Statistics on Sexual Harassment Cases), p. 380.
published by the Commission, the most common decision made regarding sexual harassment claims is dismissal due to not eligible application, which accounts for 66.3%, followed by dismissal of complaints (12.5%), recommending conciliation (8.7%), settlement (8.6%), conciliation during investigation (1.2%), suspension of the investigation (2.0%), and transfer to other legal channels (0.7%).

1) Dismissal
The Commission dismisses a petition as a result of the investigation if any of the following apply (Article 39, paragraph 1):
① It is clear that the content of the petition is untrue, or there is no objective evidence to verify the truth;
② The facts uncovered do not constitute a human rights violation or discrimination;
③ When it is determined that separate remedial measures are not necessary, such as when the victim has already received compensation for damages.

2) Recommending conciliation
The Commission may recommend conciliation to the parties involved in an ongoing or concluded investigation in order to achieve a fair resolution of the case (Article 40).

3) Mediation
Mediation is a process in which parties resolve disputes through mutual understanding and compromise. The National Human Rights Commission of Korea establishes a mediation committee composed of commission members and experts to ensure prompt and fair handling of mediations (Article 41). This committee may initiate mediation procedures upon request from one of the parties to the dispute or on its own authority for cases referred to it that involve human rights violations or discrimination (Article 42, paragraph 1). Mediation is deemed to be established when the parties sign a mediation agreement, which is then confirmed by the mediation committee (Article 42, paragraph 2).
If no agreement is reached between the parties during the mediation process, the mediation committee may decide to go beyond mediation in the interest of a fair resolution of the case (Article 42, paragraph 3), and may include one or more of the following measures: 1. Ordering cessation of the human rights violations or discrimination against the claimant(s); 2. Ordering the employer to reinstate the claimant, compensate the claimant for damages, or other similar remedies; 3. Ordering action towards preventing the recurrence of the same or similar violations of human rights or discriminatory acts (Article 42, paragraph 4). If a party does not file an objection within 14 days from the date the decision is received, the decision is considered accepted (Article 42, paragraph 5).

4) Recommending remedies and expressing opinion
When the National Human Rights Commission determines that human rights violations or discriminatory acts have occurred as a result of its investigation, it may recommend to the head of the relevant agency, organization, or supervisory agency (hereinafter referred to as the "affiliated agency, etc.") the implementation of corrective measures as stipulated in Article 42, paragraph 4 (① Ordering cessation of the human rights violations or discrimination against the claimant(s); ② Ordering the employer to reinstate the claimant, compensate the claimant for damages, or other similar remedies; ③ Ordering action towards preventing the recurrence of the same or similar violations of human rights or discriminatory acts, 4. Revising/improving laws, regulations, policies, or practices (Article 44, paragraph 1).
The heads of relevant agencies, etc., who receive a recommendation under Article 44, paragraph 1 shall notify the Commission of plans to implement it within 90 days of the date on which the recommendation is received (Article 25, paragraph 3). If the heads of relevant agencies, etc., fail to comply with such recommendation, they shall notify the Commission of the reasons (Article 25, paragraph 4).
The Commission may verify and inspect the status of implementing the recommendation(s) or opinion(s) (Article 25, paragraph 5), and may disclose the recommendations and opinions, with the details notified by the heads of relevant agencies, etc., the results of verification and the status of implementation if necessary (Article 25, paragraph 5).
In cases where the Commission recommends corrective measures related to sexual harassment, the most common is to take special human rights education conducted by the Commission (44.5%). The most common recommendation to heads of organizations is to establish measures to prevent recurrence (22.2%). Other recommendations include personnel measures (disciplinary action, transfers, warnings, etc.) at 16.0%, pay compensation for damages at 14.1%, and others at 3.2%. National Human Rights Commission, July 2020, Casebook Appendix (Statistics on Sexual Harassment Cases), p. 381.


5) Recommending disciplinary action
If it is determined through an investigation that sexual harassment has occurred, the National Human Rights Commission may recommend that the head of the relevant organization or agency discipline the alleged perpetrator and other persons responsible for the human rights violation (Article 45, paragraph 2). The head of the organization or agency that receives the disciplinary recommendation shall carry out the recommendation and notify the National Human Rights Commission of the outcome (Article 45, paragraph 4).

6) Accusation
If it is determined through an investigation that the content of the allegation constitutes a criminal act (such as sexual assault) and requires criminal prosecution, the National Human Rights Commission may file a criminal complaint with the Prosecutor General. However, in cases when the alleged perpetrator is military personnel, etc., the complaint may be filed with the Chief of the General Staff of the military or the Minister of National Defense (Article 45, paragraph 1). The Prosecutor General, the Chief of the General Staff of the military, or the Minister of National Defense shall complete the investigation and notify the Commission of the results within 3 months from the date the complaint is received. However, if the investigation cannot be completed within 3 months, the reasons for the delay shall be disclosed (Article 45, paragraph 2).

7) Request for legal assistance
If the National Human Rights Commission determines that it is necessary for the investigation, collection of evidence, or remedy of the rights of the victim, it may request legal assistance for the victim from the Legal Aid Corporation or other relevant agencies. Such request for legal assistance cannot be made against the explicit consent of the victim (Article 47).

8) Emergency relief
After receiving a petition, the Human Rights Commission can determine if there is a considerable probability that the sexual harassment under investigation is still ongoing. If there is a risk of damage that is difficult to recover because of being unattended, by the petitioner or victim’s request or by authority, recommendations can be made to the head of the affiliated agency or respondent to take necessary measures, such as to provide medical care, meals, clothing, etc. (Article 48).

4. Appealing a decision by the National Human Rights Commission

(1) Administrative appeals
An administrative appeal allows people who have suffered a violation of their rights or interests due to unfair decisions by administrative agencies or the exercise or failure to exercise public power to seek remedies quickly and easily. As the National Human Rights Commission is also a type of administrative agency, appeals against its decisions can be made through the Administrative Appeals Committee established within the National Human Rights Commission in accordance with the "Rules of the Administrative Appeals Committee of the National Human Rights Commission." Appeals to the Administrative Appeals Committee can be made online or in writing within 90 days from the date of the relevant National Human Rights Commission decision (or 180 days with justifiable reasons).

(2) Administrative lawsuits
Appeals against decisions of the National Human Rights Commission can also be made by filing an administrative lawsuit with a court without going through the process of administrative appeal.