CAT/C/KOR/CO/3-5
(g)
Provide redress and rehabilitation to victims, including through
appropriate medical and psychological assistance, in accordance with the Committee’s
general comment No. 3 (2012) on the implementation of article 14.
Violence against women, including domestic and sexual violence
37.
While noting the steps taken by the State party to address violence against women,
including domestic and sexual violence, the Committee is concerned:
(a)
At the wide prevalence of violence against women in the State party, at the
low number of complaints and prosecutions, which does not correspond to the actual
number of cases occurring in the State party, and at the absence of data;
(b)
That marital rape has not been included as a separate punishable offence in
the Criminal Act;
(c)
At the conditional suspension of charges against perpetrators of domestic
violence in exchange for education and counselling that may amount to acquittal and fails
to adequately protect the victims (arts. 2, 12-14 and 16).
38.
The Committee recommends that the State party:
(a)
Take the legislative measures necessary to strengthen protection against
domestic violence; in addition, the Committee reiterates its recommendation that the
State party introduce marital rape, defined as non-consensual sexual relations
between spouses, as a specific criminal offence with appropriate sanctions;
(b)
Ensure that all allegations of violence against women, including domestic
and sexual violence, are registered by the police and promptly, impartially and
effectively investigated and that the perpetrators are prosecuted and punished;
(c)
Ensure that victims of domestic violence benefit from protection,
including restraining orders, and have access to medical and legal services, including
counselling, redress and rehabilitation, as well as to adequately funded shelters
throughout the country.
Violence against migrant workers
39.
The Committee is concerned that migrant workers suffer abuse, including sexual
violence, and ill-treatment by employers, including the confiscation of their personal
documents. It is concerned that migrant workers are not sufficiently informed or fear
lodging complaints and that female migrant workers are unable to leave abusive employers
who have not been judged guilty of abuse by a court (arts. 2, 12-14 and 16).
40.
The Committee urges the State party to:
(a)
Provide legal protection to migrant workers, including female migrant
workers, against exploitation, ill-treatment, abuse and confiscation of personal
documents, and guarantee they have access to justice;
(b)
Consider amending labour legislation with a view to allowing migrant
workers to change employment within a reasonable amount of time;
(c)
Ensure that migrant workers have access to a helpline in a language they
understand and to interpreters, that they are provided with information regarding
possibilities to lodge complaints against those responsible for violence, that they are
able to change places of employment in cases of exploitation and abuse and that they
have access to medical care, redress, including compensation, and government-funded
shelters.
Asylum seekers and migrants
41.
While welcoming the adoption of the Refugee Act and the hosting of a large number
of refugees and asylum seekers by the State party, the Committee is concerned about:
(a)
The implementation of article 5 of the Enforcement Decree of the Refugee
Act, which outlines the grounds for not referring an applicant for asylum to refugee status
10