E/C.12/KOR/CO/4
(c)
Strengthen monitoring and accountability mechanisms for the delivery
of social services, by both public agencies and private entities.
Corruption
13.
The Committee regrets the lack of statistical data on judicial cases relating to
corruption. It is also concerned at shortcomings in the anti-corruption legislation (art. 2 (1)).
14.
The Committee recommends that the State party widen the scope of the act on
the protection of public interest whistle-blowers, fully enforce the improper
solicitation and graft act, with its original provisions, and ensure that the anticorruption institutional framework is effective. The Committee also recommends that
the State party monitor the effectiveness of the anti-corruption machinery by
collecting statistical data, including on judicial cases relating to corruption.
National human rights institution
15.
While appreciating the work undertaken by the National Human Rights Commission
of Korea, the Committee remains concerned that its investigative mandate is limited to
articles 10 to 22 of the Constitution and thus essentially excludes economic, social and
cultural rights.
16.
The Committee urges the State party to amend the act on the National Human
Rights Commission with a view to making the implementation of the Covenant rights
subject to investigation and assessment of complaints by the Commission. The
Committee draws the attention of the State party to its general comment No. 10 (1998)
on the role of national human rights institutions in the protection of economic, social
and cultural rights.
Business and human rights
17.
The Committee is concerned about the absence of a legal obligation for companies
domiciled in the State party or under its jurisdiction to exercise human rights due diligence.
The Committee is also concerned at the documented cases of human rights violations
resulting from the operations of Korean companies at home and abroad and that the State
party’s public financial institutions do not link the provision of loans and grants to
companies and projects to human rights requirements.
18.
The Committee recommends that in the context of the formulation and
implementation of the section on business and human rights of the third national
action plan on human rights, the State party:
(a)
Establish a legal obligation for companies domiciled in the State party
and those entities that they control, including those in their supply chain
(subcontractors, suppliers, franchisees, etc.), to exercise due diligence in order to
identify, prevent and mitigate the risks of violations of the Covenant rights, to avoid
such rights being abused and to account for the negative impacts caused or
contributed to by their decisions and operations;
(b)
Act upon allegations of violations of human rights resulting from
activities of Korean companies, domestically and abroad, that are brought to its
attention and ensure that victims can claim reparations through the State party’s
judicial and non-judicial mechanisms;
(c)
Link public procurement and the provision of loans, grants and
subsidies with the observance of economic, social and cultural rights domestically and
abroad;
(d)
Enhance the impact, transparency, inclusiveness and effectiveness of the
national contact point, including through promotional activities and proactive
mediation in accordance with human rights standards.
19.
The Committee draws the attention of the State party to its general comment
No. 24 (2017) on State obligations under the International Covenant on Economic,
Social and Cultural Rights in the context of business activities.
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