South Korea
NAP Development Process
Status
South Korea has a chapter on business and human rights within a broader human rights national action plan.
South Korea adopted a Human Rights National Action Plan containing a chapter on business and human rights on 9 August 2018 which ran until 2022. A provisional English translation has kindly been provided by the Korean House for International Solidarity.
In February 2023, the Ministry of Justice published Guidelines on Business and Human Rights.
Process
The recommendations outline nine tasks for the government, including: ensuring government policy coherence in relation to business and human rights, institutionalising human rights management in public organisations, considering human rights in public procurement, and supporting non-state-based grievance mechanisms.
On 9 August 2018 the State Council adopted the Human Rights National Action Plan which contains a chapter on business and human rights.
Explore NAP by Issue
… South Korea’s NAP makes no reference to conflict-affected areas. 3. Public procurement considering social responsibility [page 5] … … 1. Secure corporate responsibility on human rights [page 4] 2. Establish and implement measures for corporate sustainability management [page 5] South Korea’s NAP makes no reference to corruption. … South Korea’s NAP makes no reference to development finance institutions. … 2. Establish and implement measures for corporate sustainability management [page 5] … 5. Support corporate with gender equality management South Korea’s NAP makes no reference to export credit. South Korea’s NAP makes no reference to extractives. South Korea’s NAP makes no reference to extraterritorial jurisdiction. South Korea’s NAP makes no reference to finance and banking. The South Korean NAP does not make a direct or explicit reference to the Fisheries and Aquaculture sectors. South Korea’s NAP makes no reference to freedom of association. The South Korean NAP does not make a direct reference to the Garment sector. 3. Public procurement considering social responsibility [page 5] … 1. Secure corporate responsibility on human rights [page 4] 5. Support corporate with gender equality management [page 5] Enhance the Effectiveness of Grievance Settlement [page 6] Relief Process> – Support making an extra remedy account to aid victims who were excluded from government aid (1 25 billion won), actively find more victims, make the best use of emergency medical support system, and expand monitoring on victim’s health. South Korea’s NAP makes no reference to human rights defenders and whistle-blowers. South Korea’s NAP makes no reference to human rights due diligence. South Korea’s NAP makes no reference to human rights impact assessments. South Korea’s NAP makes no reference to information and communications technology (ICT) and electronics. … South Korea’s NAP makes no reference to investment treaties and investor-state dispute settlement (ISDS). Read more about Investment treaties & investor-state dispute settlements South Korea’s NAP does not make specific reference to judicial remedy; however, it notes in the Introduction: … States should take actions to address adverse impacts on human rights by business activities, ensure and support corporate responsibility to respect human rights, and realize effective policies to improve access to remedy. While tasks of improving protection and respect for human rights in business activities are discussed in other rights such as the right to work and the right to decent living, we are here separately addressing several tasks including … remedies for victims under the theme of business and human rights, given the special significance of establishing human rights policies on business activities. South Korea’s NAP makes no reference to land. South Korea’s NAP makes no reference to migrant workers. … The National Human Rights Commission of Korea recommended the Korean government to establish a NAP on business and human rights in September 2016. … Read more about National Human Rights Institutions/ Ombudspersons South Korea’s NAP makes no reference to non-financial reporting. 1. Relieve damage of humidifier disinfectants and prevent recurrence [page 6] … 3. Enhance the effectiveness of government-based remedy … … 3. Enhance the effectiveness of government-based remedy [page 6] … 3. Public procurement considering social responsibility [page 5] … 1. Secure corporate responsibility on human rights [page 4] … (3) Government should provide necessary support and legal, policy, and institutional arrangements for corporations to fulfill their human rights responsibilities. … 7. Prevent human rights violations to local workers in Korean companies overseas [page 6] … The South Korean NAP does not make an explicit reference to privatisation. … … 3. Public procurement considering social responsibility [page 5] South Korea’s NAP makes no reference to the security sector. South Korea’s NAP makes no reference to small and medium-sized enterprises (SMEs). South Korea’s NAP makes no reference to state owned enterprises or public-private partnerships. Read more about State Owned Enterprises/ Public Private Partnerships 1. Secure corporate responsibility on human rights [page 4] … (2) To the extent possible, corporations should pay attention to prevent human rights violations happening at supply chain such as business partners or supplying companies. … South Korea’s NAP makes no reference to taxation. South Korea’s NAP makes no reference to sustainable development. The South Korean NAP does not make an explicit reference to the tourism sector. … … 2. Establish and implement measures for corporate sustainability management [page 5] … 7. Prevent human rights violations to local workers in Korean companies overseas [page 6]Children’s rights
C. Current Status
1. Domestic Status [page 3]
Conflict-affected areas
Construction sector
D. Tasks for the Third NAP
Institutionalization of Human Rights Management
Corporate law & corporate governance
C. Current Status
1. Domestic Status [page 3]
* Article 19 (Comprehensive Policies for Sustainable Management)
(1) The Government shall formulate and implement comprehensive policies every 5 year to encourage corporations to promote activities for sustainable management that takes into account economic profitability, environmental soundness, and social responsibility.2. Implementation of the Second NAP [page 4]
– Publication of operating casebook of Creating Shared Value Forum and opening of training course for experts of corporate social responsibility and creating shared values.
– Revision of 「Procurement Business Act」 and addition of an article promoting corporate social responsibility on January 2016.
– Held meetings and seminars for overseas Korean companies to promote the implementation of OECD Guidelines.
– Operated NCP website (www.ncp.or.kr) and opened English website.
– Diversified the composition of the members as requested in the OECD Guidelines and professionalized the operational procedures.D. Tasks for the Third NAP
Institutionalization of Human Rights Management
– Express expectations of corporate responsibility on respecting human rights through its official website. (declaration)
(1) All corporations within the territory or jurisdiction of Republic of Korea, regardless of its size or location, should implement the corporate responsibility on respecting human rights defined by UN Guiding Principles.
(2) To the extent possible, corporations should pay attention to prevent human rights violations happening at supply chain such as business partners or supplying companies.
(3) Government should provide necessary support and legal, policy, and institutional arrangements for corporations to fulfill their human rights responsibilities.
Corruption
Data protection & privacy
C. Current Status
1. Domestic Status [page 3]
* Article 3-2 (Encouraging Social Responsibility)
The administrator of the Public Procurement Service may reflect social and environmental values such as … consumer protection in the procurement process to encourage corporate social responsibility.Development finance institutions
Energy sector
Environment & climate change
C. Current Status
1. Domestic Status [page 3]
* Article 3-2 (Encouraging Social Responsibility)
The administrator of the Public Procurement Service may reflect social and environmental values such as environment, … in the procurement process to encourage corporate social responsibilityEquality & non-discrimination
D. Tasks for the Third NAP
Institutionalization of Human Rights Management
– Conduct gender equality education to managerial staff or human resources manager who has strong sayings on decision making and recruitment.Export credit
Extractives sector
Extraterritorial jurisdiction
Finance & banking sector
Fisheries and aquaculture sectors
Forced labour & modern slavery
C. Current Status
1. Domestic Status [page 3]
Freedom of association
Garment, Textile and Footwear Sector
Gender & women’s rights
D. Tasks for the Third NAP
Institutionalization of Human Rights Management
– Give additional credit points to companies which are ‘female·disabled friendly companies’ and which offer work-learning dual program following the guidelines of qualification examination on goods purchase(Public Procurement Guidelines).
– Give additional 10% point on management condition mark when female·disabled friendly companies or social enterprises record construction ratio over 30% according to detailed guidelines of qualification examination on facility construction(Public Procurement guidelines).5. Support corporate with gender equality management
– Conduct gender equality education to managerial staff or human resources manager who has strong sayings on decision making and recruitment.Guidance to business
C. Current Status
1. Domestic Status [page 3]
– Establishment of ‘NAP on Business and Human Rights’ is being mentioned as one of the followup measures.
– The National Human Rights Commission of Korea also announced ’National Human Rights Policy Basic Plan Recommendation of Business and Human Rights’ on September 2016.2. Implementation of the Second NAP [page 4]
– Publication of operating casebook of Creating Shared Value Forum and opening of training course for experts of corporate social responsibility and creating shared values.
– Revision of 「Procurement Business Act」 and addition of an article promoting corporate social responsibility on January 2016.
– Held meetings and seminars for overseas Korean companies to promote the implementation of OECD Guidelines.
– Operated NCP website (www.ncp.or.kr) and opened English website.
– Diversified the composition of the members as requested in the OECD Guidelines and professionalized the operational procedures.D. Tasks for the Third NAP
Institutionalization of Human Rights Management
– Express expectations of corporate responsibility on respecting human rights through its official website. (declaration)
(1) All corporations within the territory or jurisdiction of Republic of Korea, regardless of its size or location, should implement the corporate responsibility on respecting human rights defined by UN Guiding Principles.
(2) To the extent possible, corporations should pay attention to prevent human rights violations happening at supply chain such as business partners or supplying companies.
(3) Government should provide necessary support and legal, policy, and institutional arrangements for corporations to fulfill their human rights responsibilities.
– Conduct gender equality education to managerial staff or human resources manager who has strong sayings on decision making and recruitment.Health and social care
Human rights defenders & whistle-blowers
Human rights due diligence
Human rights impact assessments
ICT & electronics sector
Indigenous peoples
C. Current Status
1. Domestic Status [page 3]
Investment treaties & investor-state dispute settlements
Judicial remedy
Introduction [page 2]
Land
Migrant workers
National Human Rights Institutions/ Ombudspersons
A. Meaning and Background
2. Background [page 2]
C. Current Status
1. Domestic Status [page 3]
…
– The National Human Rights Commission of Korea also announced ’National Human Rights Policy Basic Plan Recommendation of Business and Human Rights’ on September 2016.Non-financial reporting
Non-judicial grievance mechanisms
D. Tasks for the Third NAP
Enhance the Effectiveness of Grievance Settlement-Relief Process
– Expand the approval of damaged disease by government through setting ‘Remedy for Damage Committee’ and ‘Remedy Account Management Committee’.
– Support making an extra remedy account to aid victims who were excluded from government aid (125 billion won), actively find more victims, make the best use of emergency medical support system, and expand monitoring on victim’s health.
– Conduct psychological counseling for victims and the bereaved (conduct online and face-to-face counseling to mentally ill patients with anger, sense of guilt, etc.).
– Diversify the composition of organization to make possible for neutral and professional personnel to participate
– Share best practices of foreign objection to enhance the effectiveness of guidelines
– Expand the participation of the persons concerned including NGOs, employer’s federation, etc.OECD National Contact Points
C. Current Status
1. Domestic Status [page 3]
2. Implementation of the Second NAP [page 4]
– Held meetings and seminars for overseas Korean companies to promote the implementation of OECD Guidelines.
– Operated NCP website (www.ncp.or.kr) and opened English website.
– Diversified the composition of the members as requested in the OECD Guidelines and professionalized the operational procedures.D. Tasks for the Third NAP
Enhance the Effectiveness of Grievance Settlement-Relief Process
– Diversify the composition of organization to make possible for neutral and professional personnel to participate
– Share best practices of foreign objection to enhance the effectiveness of guidelines
– Expand the participation of the persons concerned including NGOs, employer’s federation, etc.Persons with disabilities
D. Tasks for the Third NAP
Institutionalization of Human Rights Management
– Give additional credit points to companies which are ‘female·disabled friendly companies’ and which offer work-learning dual program following the guidelines of qualification examination on goods purchase(Public Procurement Guidelines).
– Give additional 10% point on management condition mark when female·disabled friendly companies or social enterprises record construction ratio over 30% according to detailed guidelines of qualification examination on facility construction (Public Procurement guidelines).Policy coherence
D. Tasks for the Third NAP
Institutionalization of Human Rights Management
Privatisation
Public procurement
C. Current Status
1. Domestic Status [page 3]
* Article 3-2 (Encouraging Social Responsibility)
The administrator of the Public Procurement Service may reflect social and environmental values such as environment, human rights, labor, employment, fair trade, and consumer protection in the procurement process to encourage corporate social responsibility.2. Implementation of the Second NAP [page 4]
– Revision of 「Procurement Business Act」 and addition of an article promoting corporate social responsibility on January 2016.D. Tasks for the Third NAP
Institutionalization of Human Rights Management
– Give additional credit points to companies which are ‘female·disabled friendly companies’ and which offer work-learning dual program following the guidelines of qualification examination on goods purchase(Public Procurement Guidelines).
– Give additional 10% point on management condition mark when female·disabled friendly companies or social enterprises record construction ratio over 30% according to detailed guidelines of qualification examination on facility construction(Public Procurement guidelines).Security sector
Small & medium-sized enterprises
State Owned Enterprises/ Public Private Partnerships
Supply chains
D. Tasks for the Third NAP
Institutionalization of Human Rights Management
Taxation
The 2030 Agenda for Sustainable Development
Tourism sector
Trade
C. Current Status
1. Domestic Status [page 3]
* Article 3-2 (Encouraging Social Responsibility)
The administrator of the Public Procurement Service may reflect social and environmental values such as … fair trade, … in the procurement process to encourage corporate social responsibility.Workers’ rights
C. Current Status
1. Domestic Status [page 3]
* Article 3-2 (Encouraging Social Responsibility)
The administrator of the Public Procurement Service may reflect social and environmental values such as … human rights, labor, employment, … in the procurement process to encourage corporate social responsibility.D. Tasks for the Third NAP
Institutionalization of Human Rights Management
