The National Human Rights Commission of Korea (NHRCK) faces a credibility crisis as chairperson Song Doo-hwan’s term nears its end in September.

Concerns have arisen about the potential appointment of an unfit successor, with the two incumbent NHRCK commissioners, Lee Choong-sang and Kim Yong-won, at the center of controversy due to their recent actions undermining the principles they are meant to uphold.

Lee drew widespread criticism for stating that “gays wear diapers” due to their sexual practices, which led to extensive media coverage. In response, he launched an unsuccessful lawsuit against journalists for characterizing his comments as hate speech. He also reportedly implied that victims of the Itaewon crowd crush bore responsibility for the tragedy.

Kim has faced criticism for referring to human rights organizations as “human rights peddlers,” filing police reports against families who lost loved ones in military service, launching a defamation lawsuit against a human rights organization and allegedly creating a hostile work environment within the commission.

Additionally, local NGOs expressed shock when both commissioners reportedly played a role in removing key recommendations from reports submitted to U.N. bodies. These recommendations included calls for comprehensive anti-discrimination legislation and the abolition of a law criminalizing same-sex relationships in the South Korean military.

Multiple NHRCK sources told Korea Pro that internal turmoil has engulfed the organization, with staff members taking sick leave and seeking psychiatric treatment due to intimidation.

Statements from the NHRCK’s labor union, reviewed by Korea Pro, point to a breakdown in the relationship between staff and the two commissioners, marked by inappropriate conduct, loud disputes and a lack of respectful and constructive dialogue during meetings.

These controversies highlight two main issues: NHRCK commissioners, including the chairperson, are essentially political appointees, which allows potentially unfit individuals to be selected, and the commission lacks autonomy from government influence, turning it into a political battleground.

Amnesty International Korea, which has monitored the NHRCK since 2010, told Korea Pro that it expressed “deep concern” over the recent remarks and behavior “of certain members” and other “ongoing irregularities.” The organization stated that these issues “compromise the committee’s independence, credibility and authority.”

NHRC chairman Song Doo-hwan attends the UN Open-ended Working Group on Aging (OEWGA) meeting held in New York, May 20, 2024 | Image: National Human Rights Commission of Korea

NHRCK’S ROLE

Established in 2001, the NHRCK serves as South Korea’s official human rights institution. Its main duties include investigating human rights violations and discriminatory acts, advising government bodies and public institutions and promoting human rights education.

Although the NHRCK cannot enforce penalties, it can issue non-binding recommendations and opinions to government agencies, private entities or individuals to rectify human rights violations. In cases involving suspected criminal acts, the commission can refer matters to the prosecution or other investigative bodies.

These recommendations, while largely symbolic, play a crucial role in addressing discrimination and rights abuses, particularly for minority groups, given that South Korea still lacks clear anti-discrimination legislation. Notably, the National Human Rights Commission Act, which governs the commission’s operations, is the only law that explicitly mentions protection for sexual minorities.

As one of the largest human rights institutions in one of Asia’s most democratic nations, the NHRCK serves as a model, contributing to global human rights discussions and setting regional standards. 

However, the commission’s effectiveness largely depends on its moral authority and public trust, making the current controversies particularly concerning.

Seoul queer pride parade attendees present the LGBTQ flag while counter-protesters hold up a sign telling LGBTQ members to repent for their sins, July 1, 2023 | Image: Seoul Queer Culture Festival

FLAWED APPOINTMENT PROCESS

The NHRCK’s crisis stems from its flawed appointment process and external pressures, resulting in a lack of autonomy. The National Assembly, the president and the chief justice of the Supreme Court select the organization’s leaders, allowing political considerations to take priority over human rights expertise, a problem that has persisted across administrations.

The appointments of Lee Choong-sang and Kim Young-won exemplify this issue. Lee, nominated by the conservative People Power Party, and Kim, appointed by President Yoon Suk-yeol, have made headlines for actions that contradict the NHRCK’s mission.

Lee’s inflammatory “gays wear diapers” comment reportedly led the NHRCK to take the unprecedented step of issuing a statement of opinion to itself to address hate speech within the organization.

Meanwhile, Mary Lawlor, the U.N. Special Rapporteur on human rights defenders, reportedly sent a letter to the South Korean government recently expressing concern about Kim’s alleged repression of human rights activists.

This pattern of questionable autonomy is not new. Under the Lee Myung-bak administration, an attempt to place the NHRCK under presidential control led to international criticism.

The Lee administration restructured the organization, leading to the dismissal of 44 staff members and the resignation of then-chairperson Ahn Kyung-whan. Critics pointed out that Ahn’s successor, Hyun Byung-chul, was too close to the government and did not come from a human rights background.

Moreover, the Park Geun-hye administration appointed a homophobic pastor as a non-standing commissioner. In 2013, the U.N. special rapporteur on the situation of human rights defenders expressed concern about the NHRCK’s independence and its strained relationship with certain groups of activists.

The rapporteur also cited a 2010 incident where a disability rights protester died of pneumonia two weeks after a sit-in protest at the commission’s premises, during which heating was allegedly cut off.

Political influence has also manifested in budget decisions. Under the Moon Jae-in administration, the NHRCK’s annual budget for North Korean human rights issues decreased from about $242,000 (334 million won) in 2016 to about $109,000 (151 million won) in 2022 — the lowest in a decade.

The NHRCK’s challenges are compounded by the controversial process of selecting the chairperson’s successor. The presidential office has formed a seven-member recommendation committee to review the candidates.

However, the committee’s lack of transparency has drawn criticism, as the identities of both committee members and candidates remain undisclosed to the public. Kim Yong-won, who claims to have been rejected as a candidate, has publicly criticized the process as secretive and lacking proper oversight.

An anti-LGBTQ protester holds up a protest sign, June 1, 2024 | Image: Raphael Rashid

RESTORING CREDIBILITY

The Global Alliance of National Human Rights Institutions (GANHRI), which assesses national human rights institutions’ compliance with the Paris Principles — a set of international standards that outline the minimum requirements for national human rights institutions to be considered credible and effective — has previously raised concerns about the NHRCK’s lack of autonomy.

During its last accreditation review, GANHRI highlighted issues with the NHRCK’s appointment process and its functional autonomy from the government, stressing the need for a more transparent and merit-based selection process that ensures pluralism.

“It is imperative that all members, including the next chairperson, are chosen through a fair and transparent process to ensure they possess the necessary qualifications to effectively fulfill their duties,” Chaewon Park, director of Amnesty International Korea, told Korea Pro.

“Both the government and the NHRCK must adhere to international human rights standards, specifically the Paris Principles, as well as the National Human Rights Commission Act,” Park said, adding that they must “take all necessary measures to guarantee the NHRCK’s independence, reliability and efficiency.”

Regardless of who becomes the next chairperson, significant reforms addressing the appointment process and the commission’s operational autonomy from government influence will be crucial for the NHRCK to reclaim its role as a champion of human rights.

Without such changes, the commission risks further erosion of its integrity, compromising its effectiveness domestically and internationally.

Edited by John Lee