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Article
Legal Routes to Undue Influence: Vulnerabilities in The Korean National Human Rights Commission Act
Yonsei Law Journal (2012)
  • Douglas MacLean
Abstract
The National Human Rights Commission of Korea has operated in the midst of considerable political and governmental opposition since its creation. Heralded early on as the strongest national human rights institute in Asia, the government bureaucracy and conservative political forces have challenged the organization's operation from the very beginning. The inauguration of the Lee administration brought opposition forces into power, bringing drastic cuts and drawing both domestic and international criticism over alleged political interference with the organization's operation. Missing from the political accounts of the situation, however, is an examination of the structural vulnerabilities to government influence built into the very foundations of the Commission's legal regime. This article addresses that gap. Guided by the UN supported international criteria for assessing the independence and efficacy of national human rights institutions, this article analyzes both the structural and operational parameters of the Commission's enabling legislation. Particular vulnerabilities to government influence are identified and discussed, with recommendations for strengthening the Commission's legal independence provided.
Keywords
  • Korean Law
Publication Date
Winter November, 2012
Citation Information
Douglas MacLean. "Legal Routes to Undue Influence: Vulnerabilities in The Korean National Human Rights Commission Act" Yonsei Law Journal Vol. 3 Iss. 2 (2012)
Available at: http://works.bepress.com/douglas_maclean/2/