This Act shall apply to all citizens of the Republic of Korea and foreigners residing therein.

[This Article Wholly Amended on May 19, 2011]

The Institute shall perform the following affairs:

1. Inquiry and research on statutes (including bills submitted to the National Assembly), institutions, policies and practices related to human rights, and presentation of recommendations or opinions on matters requiring improvement thereof;

2. Inquiry and remedy with respect to human rights violations;

3. Inquiry and remedy with respect to discriminatory acts;

4. Inquiry into actual conditions of human rights;

5. Education and promotion of human rights;

6. Presentation and recommendation of guidelines as to categories of and determination standards for human rights violations, and preventive measures therefor;

7. Research and provisions of recommendations on the conclusion of any international treaty on human rights and the implementation of the said treaty, or presentation of opinions thereon;

8. Cooperation with organizations and individuals engaged in activities to protect and improve human rights;

9. Exchanges and cooperation with human rights-related international organizations or foreign organizations for human rights;

10. Other matters deemed necessary to guarantee and improve human rights.

[This Article Wholly Amended on May 19, 2011]

The definitions of terms used in this Act shall be as follows: <Amended by Act No. 14028, Feb. 3, 2016>

1. The term "human right" means any of human dignity and worth, liberty and rights which are guaranteed by the Constitution of the Republic of Korea, and recognized by international human rights treaties that the Republic of Korea signs and ratifies and by international customary laws;

2. The term "confinement or caring facility" means any of the following facilities:

(a) Prison, juvenile prison, detention center and its branch, protective custody office, medical treatment and custody facility, juvenile reformatory, and Juvenile Classification and Examination Center;

(b) Detention cell and facility where a judicial police officer investigates, detains, and accommodates persons in order to perform his/her duties;

(c) Military prison (including its branch, a detention house for the unconvicted and a military police guardhouse);

(d) Foreigner detention center;

(e) Facility for caring for many persons (referring to a facility for protecting and accommodating many persons, which is prescribed by Presidential Decree);

3. The term "discriminatory act violating the equal right" means any of the following acts, without reasonable grounds, on the grounds of sex, religion, disability, age, social status, region of origin (referring to a place of birth, place of registration, principal area of residence before coming of age, etc.), state of origin, ethnic origin, physical condition such as features, marital status such as single, separated, divorced, widowed, remarried, married de facto, or pregnancy or childbirth, types or forms of family, race, skin color, ideology or political opinion, record of crime whose effect of punishment has been extinguished, sexual orientation, academic career, medical history, etc.: Provided, That the temporary favorable treatment to a particular person (including a group of particular persons; hereafter the same shall apply in this Article) to solve the existing discrimination, the enactment and amendment of statutes and the formulation and enforcement of policy to this effect shall not be deemed a discriminatory act violating the equal right (hereinafter referred to as "discriminatory act"):

(a) An act of favorably treating, excluding, discriminating against or unfavorably treating a particular person regarding employment (including recruitment, appointment, education, posting, promotion, payment of wage and any other money or valuables, financing, age limit, retirement, dismissal, etc.);

(b) An act of favorably treating, excluding, discriminating against or unfavorably treating a particular person regarding the supply or use of goods, services, means of transportation, commercial facilities, land and residential facilities;

(c) An act of favorably treating, excluding, discriminating against or unfavorably treating a particular person regarding education and training at educational facilities or institutions for workplace skill development, or the use thereof;

(d) An act of sexual harassment (referring to making people feel sexually humiliated or loathsome in business, employment or other settings or giving disadvantage in employment on the pretext of disobedience to sexual comments or other demands by a working person, an employer or an employee of a public agency (referring to State agencies, local governments, various levels of schools established under Article 2 of the Elementary and Secondary Education Act, Article 2 of the Higher Education Act and other Acts, and agencies affiliated with public services pursuant to Article 3-2 (1) of the Public Service Ethics Act) who takes advantage of their superior position or sexual comments, etc. with regard to their duties, etc.);

4. The term "disability" means the condition where one is suffering from substantial restriction in his/her daily life or social activity for a long time due to physical, mental or social factors;

5. The term "civic group" means any non-profit, non-governmental organization registered with the head of a central administrative agency or a Mayor/Do Governor under Article 4 of the Assistance for Non-Profit, Non-Governmental Organizations Act, any non-profit corporation that has obtained permission from the competent administrative agency under Article 32 of the Civil Act, any public interest corporation that has obtained permission for establishment from the competent administrative agency under Article 4 of the Act on the Establishment and Operation of Public Interest Corporations, or any other corporation established pursuant to special Acts.

[This Article Wholly Amended by Act No. 10679, May 19, 2011]

(1) In any of the following cases, a person who has suffered from a violation of human rights or been discriminated against, (hereinafter referred to as "victim") or any other person or organization that is aware of such violation or discrimination, may file a petition to the Commission: <Amended by Act No. 10679, May 19, 2011; Act No. 11413, Mar. 21, 2012>

1. Where any of the human rights guaranteed in Articles 10 through 22 of the Constitution has been violated or a discriminatory act has been committed in connection with the performance of duties (excluding legislation by the National Assembly and trials by a court or the Constitutional Court) by a State agency, a local government, a school established by Article 2 of the Elementary and Secondary Education Act, Article 2 of the Higher Education Act, and other Acts, a public service-related organization pursuant to Article 3-2 (1) of the Public Service Ethics Act, or a confinement or caring facility;

2. Where a discriminatory act has been committed by a juristic person, an organization or a private individual.

(2) Deleted. <by Act No. 7651, Jul. 29, 2005>

(3) Even if any petition under paragraph (1) is not filed, the Commission may, ex officio, initiate an investigation when it deems that there exists a reasonable ground for believing that a violation of human rights or a discriminatory act exists and that such violation or act is serious. <Amended by Act No. 10679, May 19, 2011>

(4) Necessary matters concerning the procedures and methods to petition under paragraph (1) shall be prescribed by the rules of the Commission. <Amended by Act No. 10679, May 19, 2011>