Human Rights Commission: "Excluding from Government Awards Due to 'Criminal Record Related to Democratization Movement' Is Unfair"

[Image source=Yonhap News]

[Asia Economy Reporter Jeong Dong-hoon] The National Human Rights Commission has ruled that excluding individuals from government award recommendations solely because of a criminal record related to pro-democracy activism is unjust.

On the 14th, the Human Rights Commission recommended that the Minister of the Ministry of the Interior and Safety revise the current "Government Award Work Guidelines," stating that such exclusion from government awards contradicts the purpose of the "Act on the Restoration of Honor and Compensation for Persons Related to the Democratization Movement (Democratization Compensation Act)."

Petitioner A was sentenced to imprisonment in 1990 for violating the "Assembly and Demonstration Act" and served time before being released in 1993 through a special pardon and reinstatement. Subsequently, A was recognized as a person related to the democratization movement by the Committee for the Restoration of Honor and Compensation for Persons Related to the Democratization Movement. In 2018, A was selected as a candidate for commendation but was disqualified due to a criminal record, prompting the petition. The Ministry of the Interior and Safety responded, "To enhance the honor and trust of government awards, criteria were established to prevent individuals with criminal records from being recommended," adding, "If exceptions were made for specific crimes, it could lead to fairness issues with other crimes." The Ministry cited Article 8 of the Awards Act, which stipulates that awards are to be revoked if a person is sentenced to death, life imprisonment, or imprisonment or confinement for one year or more and the sentence is finalized.

However, the Human Rights Commission stated, "The Democratization Compensation Act guarantees that those who violated statutory laws and were convicted while participating in the democratization movement shall not face any discrimination or disadvantages," and recommended, "Considering the purpose of this Act, it is necessary to revise the 'Government Award Work Guidelines' to ensure that these individuals are not excluded from government award recommendations."

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