The Power to Investigate Sexual Harassment Allegations Against Mayor Park Lies with the Human Rights Commission

Kim Jaeryeon "No Other Options Due to Defendant's Death"
No Detention Effect but Substantive Verification Possible

[Image source=Yonhap News]

[Asia Economy Reporters Song Seung-yoon, Jung Dong-hoon] Various suspicions surrounding the sexual harassment case of the late Park Won-soon, former Mayor of Seoul, are increasingly likely to be revealed through an investigation by the National Human Rights Commission of Korea (NHRCK) rather than by investigative agencies. Depending on the results of the NHRCK investigation, the speed and momentum of prosecution and police investigations may also be determined.

On the 23rd, Kim Jae-ryeon, the legal representative of the late Mayor Park’s victim, explained the background of the complaint to the NHRCK, saying, "The only measure with coercive power is an investigation, but since the accused has passed away, there is no other option." Regarding concerns that the NHRCK investigation might have limitations in terms of coercive power compared to police and prosecution investigations, she said, "There have been cases where the NHRCK investigated socially significant human rights issues and made meaningful decisions."

The NHRCK is an organization that has paid close attention to human rights violations caused by sexual harassment, including having a dedicated Gender Discrimination Correction Team. Hundreds of sexual harassment-related complaints are filed with the NHRCK annually. Based on statements and evidence obtained through its own investigations, the commission urges prosecution and police to conduct investigations and also protects victims through measures such as 'emergency relief actions.' When the NHRCK issues emergency relief measures, it can conduct on-site investigations of locations, facilities, and materials related to the respondent or institution, as well as summon the respondent for questioning.

[Image source=Yonhap News]

The 2015 sexual harassment case involving Director A of an arts troupe affiliated with a certain city hall is a representative example of the NHRCK’s active role. At that time, the NHRCK announced a decision based on the complaint submitted by the complainant, face-to-face investigations, and attendance investigations. In the decision, the NHRCK acknowledged Director A’s sexual harassment and requested an investigation from the Prosecutor General, while recommending various measures to prevent recurrence to the arts troupe A.

Although the NHRCK’s decision is not legally binding, it is significant in that it can confirm the substance of the sexual harassment allegations against the late Mayor Park. The allegations can be recognized as facts through the NHRCK’s decision. However, it may take several months from the start of the NHRCK investigation until the decision is issued. The police maintain their previous stance that sexual harassment cases must be closed due to lack of prosecutorial rights, but they also hold the view that the substance of the case can be indirectly clarified through other complaints and accusations, such as allegations of neglect of sexual harassment by Seoul city officials. Regarding the neglect allegations, the police plan to analyze the reasons for the court’s rejection of the search warrant for Seoul City Hall issued the previous day and then consider whether to reapply after supplementary investigations.

This content was produced with the assistance of AI translation services.