유엔인권이사회의 보편적 정례검토제도- 한국의 실행과 평가를 중심으로 -

The Universal Periodic Review(UPR) is a significant innovation of the Human Rights Council which is based on equal treatment for all countries. The UPR was established when the Human Rights Council was created on 15 March 2006 by the UN General Assembly in resolution 60/251. This mandated the Council to "undertake a universal periodic review, based on objective and reliable information, of the fulfillment by each State of its human rights obligations and commitments in a manner which ensures universality of coverage and equal treatment with respect to all States.” The UPR also includes a sharing of best human rights practices around the globe. On 18 June 2007, one year after its first meeting, members of the new Council agreed to its institution-building package(A/HRC/RES/5/1) providing a road map guiding the future work of the Council. One of the key elements of this package was the new Universal Periodic Review. All the 47 members of the Council will be reviewed during their term of membership. On 21 September 2007, the Human Rights Council adopted a calendar detailing the order in which the 192 UN Member States will be considered during the first four-year cycle of the UPR(2008-2011). The reviews will take place during the sessions of the UPR Working Group which will meet three times a year. The first and second and third sessions took place in April and May and December 2008, respectively. The Working Group on UPR held its second session from 5 to 19 May 2008. The review of the Republic of Korea was held at the 6th meeting on 7 May 2008. At its 10th meeting held on 9 May 2008, the Working Group adopted the present report on the Republic of Korea. On 28 February 2008, the Human Rights Council selected the following group of rapporteurs(troika) to facilitate the review of the Republic of Korea: Peru, Egypt and Jordan. At the 6th meeting, on 7 May 2008, H. E. Kim Sung-hwan, Vice-Minister of Foreign Affairs and Trade introduced the national report, reaffirming Korean strong commitment to promoting and protecting human rights at home and abroad. The Republic of Korea is sincerely fulfilling its voluntary pledges and commitments and underlined its policy to fully cooperate with the United Nations mechanisms and to play a constructive role. In the course of the discussion, the following recommendations were made to the Republic of Korea: 1.To work on the implementation and dissemination of observations of treaty bodies; 2.To ratify the Convention of the Rights of Persons with Disabilities without reservations; 3.To strengthen efforts to uphold the Act on the Foreign Workers Employment in order to ensure the effective protection of the rights of foreign workers in the country; 4.To enact a crime of torture as defined in article 1 of the Convention against Torture; 5. To review its resident registration system to safeguard the right to privacy and limit the uses registration numbers to those strictly necessary for the provision of public services); 6. That marital rape, child abuse and domestic violence be criminalized, perpetrators are prosecuted and sanctioned, human rights training be provided for officials dealing with instances of domestic violence and child abuse, and that child-sensitive procedures be adopted during criminal proceedings involving children.