NHRCK Urges Accelerated Legislative Measures to Protect Human Rights of Forced Eviction Residents

National Human Rights Commission of Korea building. Photo by Human Rights Commission

[Asia Economy Reporter Lee Gwan-ju] The National Human Rights Commission of Korea (NHRCK) expressed on the 4th the opinion that legislative measures should be accelerated to protect the human rights of residents during forced evictions and demolitions caused by redevelopment and reconstruction projects.

The NHRCK explained the background, stating, "Although the 'Recommendation for Improving Residents' Human Rights during Forced Demolition' was issued in 2009, the main contents have not been implemented. Due to the continued occurrence of cases such as violence at forced eviction sites and forced evictions during winter, we have reviewed the need for system improvements."

Last June, the government submitted to the National Assembly the "Administrative Execution Act Amendment Bill," which introduces regulations such as the minimum mandatory compliance period for administrative execution notices, the presence and supervision of public officials at administrative execution sites, prohibition of administrative execution during weather warnings and public holidays, and the introduction of an objection system with suspension effect on execution. This amendment bill is currently pending in the National Assembly.

Regarding this, the NHRCK explained, "The bill aligns with international human rights standards for protecting human rights during forced evictions and demolitions and is desirable from a human rights perspective. Therefore, we have decided to express the opinion to the Speaker of the National Assembly that prompt legislation on this bill is necessary."

Furthermore, the NHRCK recommended to the Minister of Justice and the Chief of the Court Administration to pursue amendments to the current Civil Execution Act to comply with international human rights standards by establishing explicit prior notification procedures for compulsory execution of real estate delivery claims, regulations for monitoring human rights violations at forced execution sites, and adding provisions that define winter or severe weather as conditions prohibiting forced eviction execution.