11 Independence of National Human Rights Institutions and Linkage between International Law and Domestic Law: A Case Study of the National Human Rights Commission of Korea

In: The Asian Yearbook of Human Rights and Humanitarian Law
Author: Sanzhuan Guo

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Abstract

Independence of national human rights institutions (NHRI s) is a key requirement under the Paris Principles, an international guideline for the status of NHRI s. National Human Rights Commission of Korea (NHRCK) has been a full member of Asia Pacific Forum of NHRI s since 2002 and has held ‘A’ status with the International Coordinating Committee of NHRI s (ICC) since 2004. However, NHRCK’s re-accreditation process in March 2014 was deferred by the Sub-Accreditation Committee of the ICC until November 2014, and then March 2015, and finally until May 2016. This paper examines the independence issue faced by the NHRCK in accordance with the requirement of the Paris Principles with the aim to illustrate common issues faced by NHRI s in the interaction between international requirements and domestic reality.