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(영문)인권·장애학생지원센터 규정

등록일 2021-03-15 작성자 관리자 조회 994

Regulations of the Human Rights and Disabled Student Support Center 

(Title Amended on August 21, 2019. Wholly Amended on July 2, 2020.)

 

 

Chapter 1 General Provisions   

 

Article 1 (Purpose) The purpose of this regulation shall be to protect the human rights and improve the rights and interests of members of Dongguk University (hereinafter referred to as “the University”), and to provide information on the organization and operation of the University's Human Rights and Disabled Student Support Center (hereinafter referred to as “the Center”), established pursuant to Article 43 of the University's Organizational Regulations. 

 

Article 2 (Definitions) The terms used in this regulation shall be defined as follows:

1. The term“human right” means the human rights under Article 2(1) of the National Human Rights Commission Act;

2. The term "disability" means a disability under Article 2(4) of the National Human Rights Commission Act;

3. The term“sexual harassment” means sexual harassment under Article 2(3), item (d) of the National Human Rights Commission Act;

4. The term “sexual violence” means sexual actions that are forcibly or coerced against the will of the other party, including acts falling under Article 2(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes;

5. The term“complaint for grievance” means a complaint regarding the infringement of human rights, interests, inconvenience or burden to members caused by the University's illegal, unfair disposition or unreasonable system;

6. The term“workplace harassment” means workplace harassment under Article 76(2) of the Labor Standards Act;

7. The term“human rights infringement, etc.” means sexual harassment, sexual violence, and other acts that infringe on human rights or interests, cause inconvenience or burden, and harassment in the workplace;

8. The term“victim” means a person who has suffered damages such as human rights violations;

9. The term“perpetrator”means a person who has committed acts such as human rights violations;

10. The term“reporter” means a person who reports violations of human rights to the Human Rights and Disabled Student Support Center;

11. The term“respondent” means a person who has been designated as an offender by the reporter;

12. The term“parties concerned” means the victim and perpetrator, as well as the reporter and the respondent;

13. The term“relevant department” means a department related to the contents of complaints and complaints regarding human rights violations;

14. The term “members of this University” means faculty members and students (including students with disabilities) that are subject to the University’s articles of association, school regulations, and personnel regulations.

 

Article 3 (Scope of Application) This regulation applies to matters related to support for students with disabilities, including human rights violations related to the perpetrators or victims of members of the University, both inside and outside the school.

 

 

Chapter 2 Organization and Operation of the Human Rights and Disabled Student Support Center

Section 1 Organization and Operation

 

Article 4 (Organization of the Center) (1) The Human Rights and Disabled Student Support Center (hereinafter referred to as the "Center") shall have the following organizations: 

1. One director of the Human Rights and Disabled Student Support Center; 

2. Some professional counselors or researchers; 

3. Some administrative staff. 

(2) The director of the Center for Human Rights and Disabled Student (hereinafter referred to as the “director”) represents the Center and oversees the overall business of the Center, and shall provide a special position for external personnel with expertise in accordance with Article 11(2) (open position) of the organizational regulations.

(3) Professional counselors or researchers are in charge of professional affairs related to consultation and investigation on human rights violations, education, and support for students with disabilities.

(4) Administrative staff support the work of the Center and the activities of various committees, and are in charge of all other administrative tasks.

(5) The Center may employ student employees for work assistance.

 

Article 5 (Operation) (1) The Center shall perform the following tasks:  

1. Complaints on human rights violations, counseling, receipt of reports and complaints, and related investigations and relief and recommendations for correction;

2. Matters concerning the protection of victims of human rights violations, etc. and students with disabilities;

3. Policy establishment, education and promotion for prevention of human rights violations and support for students with disabilities;

4. Matters concerning investigations, research, and improvement of laws, systems, and policies related to human rights and support for students with disabilities;

5. A survey on human rights and disabled students in schools;

6. Conducting and participating in internal and external research projects on human rights and support for disabled students;

7. Other matters necessary for the prevention of human rights violations, promotion of human rights, and support for students with disabilities. 

(2) Where the director of the Center deems it necessary to cooperate with the relevant department in performing the duties under paragraph (1), he/she may request the head of the relevant department to cooperate in the affairs.

(3) The director of the Center may support education and training in order to strengthen the competence of counseling, investigation, and grievance handling of professional counselors regarding human rights violations, etc.

 

Article 6 (Preventive Education) (1) The director of the Center shall conduct human rights education, sexual harassment, sexual violence and workplace harassment prevention education, and disability-related education at least once a year for members.

(2) At the beginning of each year, the director of the Center shall establish a detailed plan regarding the timing, content, and method of conducting education under Paragraph (1) and report it to the president of the University.

 

 

Section 2 Steering Committee

 

Article 7 (Establishment of the Steering Committee) A Steering Committee shall be established to deliberate and decide on important matters of the Center.

Article 8 (Organization of the Steering Committee) (1) The Steering Committee shall be comprised of no more than 9 members including one chairperson, and the gender ratio (male and female) of members excluding the chairperson shall not exceed 7/10 of the total members.

(2) The chairperson of the Steering Committee shall be the director of the Center, and the members of the Steering Committee shall be the Dean of Academic and Student Affairs, the Dean of General Affairs, and one student enrolled in Seoul campus who was recommended by the student association. Other members shall be commissioned by the president of the University upon the recommendation of the director of the Center from among members of the school, including professors, employees, and students.

(3) The term of office of ex officio members shall be the period during which they are in office, and the term of office of commissioned members shall be two years, and they may be reappointed. However, the term of office of a student member shall be one year.

(4) The committee shall have one executive secretary to assist the activities of the committee, and the executive secretary shall be appointed by the chairperson from among the members of the Center.

 

Article 9 (Duties of the Steering Committee) (1) The Steering Committee shall deliberate on the following matters: 

1. Matters concerning the operation and evaluation of the Center;

2. Matters concerning the development of policies and the operation of educational programs to protect and promote the human rights of members of the University and students with disabilities;

3. Matters to be deliberated by the committee prescribed in this regulation;

4. Other important matters related to the operation of the Center, which the director of the Center deems necessary to be deliberated by the committee.

(2) The meeting of the Steering Committee shall deliberate and resolve the following matters:

1. Basic operation plan of the Center;

2. Enactment and revision of Center regulations and bylaws;

3. Budget and settlement of the Center.

(3) The Steering Committee shall be convened by the chairperson and decided with the approval of a majority of the attending members. In the case of a tie, the chairperson shall decide.

(4) If the chairperson is unable to perform his/her duties due to unavoidable reasons, the interim chairperson shall act on behalf of the chairperson. The interim chairperson shall be elected by mutual vote from among the members present.

 

Article 10 (Advisory Member) (1) An advisory member may be appointed to provide advice on matters necessary for the performance of duties of the Center.

(2) The advisory members shall be commissioned by the director of the Center, and their term of office shall be two years, and they may be reappointed.

(3) Other matters necessary for the operation of advisory members shall be determined by the bylaws.

 

 

Section 3 Human Rights Violation Investigation and Deliberation Committee

 

Article 11 (Establishment and Duties) A Human Rights Violation Investigation and Deliberation Committee (hereinafter referred to as “Deliberation Committee”) is established to deliberate and resolve the following matters:

1. Investigation and deliberation on cases related to human rights violations, etc. (hereinafter referred to as “cases”) received at the Center;

2. Recommendation of mediation or settlement of cases and recommendations for remedy;

3. A complaint to the investigative agency of a case, a request for disciplinary action, etc.;

4. Request for correction or improvement of regulations, systems, policies, and practices;

5. Other matters deemed necessary by the Director of the Center for deliberation and resolution by the Deliberation Committee.

 

Article 12 (Organization and Terms) (1) The Deliberation Committee shall be formed by the director of the Center when it is necessary to investigate and deliberate on a case.

(2) The Deliberation Committee shall be comprised of not less than five but not more than nine members, including the chairperson, and the gender ratio (male and female) of the members other than the chairperson shall not exceed 7/10 of the total members.

(3) The director of the Center shall be the chairperson, and the members shall be commissioned by the chairperson from among the members of the University. However, if necessary, external experts who are not members of the University with professional knowledge and experience in the investigation may be appointed as members.

(4) If the chairperson is unable to perform his/her duties due to unavoidable reasons, the interim chairperson shall act on behalf of the chairperson, and the interim chairperson shall be elected from among the members present.

(5) The term of office of a member shall expire when the relevant case is concluded.

(6) The Deliberation Committee shall have one executive secretary to assist the affairs of the Deliberation Committee, and the executive secretary shall be appointed by the chairperson from among the members of the Center.

 

Article 13 (Meetings) (1) Meetings shall be convened when an event occurs or when the chairperson deems it necessary.

(2) A meeting shall be decided with the attendance of a majority of the incumbent members and the consent of a majority of the members present.

(3) Meetings on the handling of the case shall be closed to the public, but the details of the meeting shall be recorded. However, it may be substituted by recording or videotaping.

(4) The members shall attend the meeting in good faith, and shall maintain fairness and objectivity in investigation and deliberation.

(5) There shall be no liability for the remarks and votes made by the members at the meeting, and the University shall not impose any disadvantage on the members, including the relevant members, for this reason.

 

Article 14 (Exclusion) If the chairperson or member of the committee has any of the following reasons, he/she will be removed from the execution of his/her duties:

1. When he/she is related to the case; 

2. When he/she has or has had a personal relationship with the party to the case, such as kinship, relative, student teacher relationship, etc.; 

3. When he/she has or has had a special interest in the case;

4. When it is deemed difficult to make a fair judgment because he/she is working in the same department as the party to the case;

5. When he/she is or was the agent of the party to the case. 

 

Article 15 (Challenge) (1) A party to a case may apply to the chairperson for an evasion of the relevant member when it is judged that the chairperson or a member falls under the reasons specified in Article 14 or is concerned about unfairness in handling the case. However, an application to challenge the chairperson shall be made to the committee.

(2) An application for challenge shall be filed for each individual member, but shall be made in writing specifically stating the reasons.

(3) In the event of a request for challenge, the chairman shall decide on the request of the application within 7 days after deliberation and resolution by the Deliberation Committee. At this time, the chairman or member who has been challenged cannot participate in this deliberation or resolution. However, the chairperson may dismiss the request for challenge if the request for challenge is clearly unfair or the reason for the challenge is not clarified.

(4) When there is a request for challenge, the committee shall suspend the investigation and deliberation until a decision on the request for challenge is made.

(5) When a decision is made on an application for challenge, the chairperson shall notify the parties orally or in writing within three days from the date of the decision.

(6) When it is determined that the challenge is reasoned, the chairperson shall terminate the member concerned.

(7) There is no objection to the decision on the request for challenge.

 

Article 16 (Avoidance) (1) If the member has a reason under Article 14 or judges that it is difficult to make an impartial judgment, he or she may avoid it by telling the chairman the reason.

(2) If there is a request for avoidance from a member, the chairperson shall accept it unless there are special circumstances. However, if the chairperson accepts the avoidance, he or she shall notify the parties of the fact orally or in writing.

Article 17 (Replacement of Members) (1) The chairperson may appoint a new member when a vacancy occurs due to the exclusion, challenge, or avoidance of a member.

(2) In the process of investigating and deliberating on a case, if the chairman deems that it is inappropriate for a member to act such or to continue as a member, he/she may replace the member with a new member after notifying the member of the cancellation.

 

 

Chapter 3 Investigation, Deliberation and Relief for Human Rights Violations and Grievances


Section 1 Report of the Case 

 

Article 18 (Report) (1) Persons who have suffered human rights violations, their agents, or those who know the contents of human rights violations, etc. may report the contents to the Center.

(2) The report under paragraph (1) must be made within one year from the date of the occurrence of the cause for report. However, if there is a justifiable reason, this period shall be counted from the date the reason disappears.

(3) When the report of paragraph (1) is received by other institutions of the University other than the Center, the Center must be notified immediately and the case must be transferred to the Center.

(4) The Center shall not investigate or deliberate again on matters that have been previously investigated and deliberated.

 

Article 19 (Dismissal of Report) (1) The Center director dismisses the report if the matters reported in the case fall under any of the following subparagraphs:

1. If the reporter does not correspond to the person who can report in Article 18(1); 

2. When it is clear that the victim does not want an investigation;

3. If one year has passed since the reported fact occurred;

4. In the case of a matter that has been previously investigated and deliberated by the Center; 

5. In case of anonymous report of damage. However, if the victim or perpetrator is specified, an investigation may be made;

6. When the fact of the report is not appropriate for investigation and deliberation at the Center.

(2) If the Center director dismisses the report, he/she shall immediately notify the reporter of the result and reason in writing, and this notice may be made by text message, e-mail, or other reasonable means. However, if the location is not confirmed or contact is impossible, notification may be made orally or by other appropriate means.

 

Article 20 (Temporary Measures) (1) If it is recognized that there is a concern that the damage may increase due to continued human rights violations, the Center director may, ex officio, request the respondent or the head of the relevant department to implement the following measures even before the decision on the case:

1. Immediate suspension of human rights violations; 

2. Measures to prevent the occurrence of additional human rights violations such as separation of victims and perpetrators;

3. Measures to exclude parties from related duties;

4. Measures to protect victims, reporters, and reference persons;

5. Other measures deemed necessary by the committee.

(2) The Center director may withdraw the request for temporary measures if the reporter or victim does not want to perform the temporary measures referred to in the preceding paragraph or requests that the temporary measures be withdrawn.

 

Article 21 (Dismissal of the Report) (1) The Center director shall dismiss the report if it falls under any of the following subparagraphs as a result of investigating the case:

1. When it is judged that the content of the report is clearly not true;

2. In case the report does not correspond to human rights violations or unfair grievances;

3. In cases where human rights violations, etc. or unfair grievances are being or occurred by the reporter;

4. Where it is recognized that no separate remedy is necessary, such as damage recovery has already been made.

(2) In the case of dismissing a case pursuant to paragraph (1), the Center director shall notify the reporter of the result and reason in writing without delay. However, this notification may be made by text message, e-mail, or other appropriate means.

 

Article 22 (Withdrawal of the Report) (1) A reporter may withdraw his/her report until he/she is notified of the results of the investigation, and if the reporter withdraws the report, the Center shall, without delay, notify the parties to the case in oral or written form and close the case.

(2) If the reporter and the victim do not respond to the Center's contact or action more than three times, the report shall be deemed to have been withdrawn. However, matters concerning final contact and measures before withdrawal shall be made in writing.

 

Section 2 Investigation of the Case

 

Article 23 (Initiation of Investigation) (1) Upon receipt of a report on a case, the director of the Center shall, when he/she deems it necessary to conduct an investigation or deliberation by the review committee after a preliminary investigation, organize a deliberation committee immediately and initiate an investigation, which does not fall under the grounds of Article 19 or 21.

(2) If the director of the Center recognizes that the damage caused by the violation of human rights, etc. is continuing, and if he/she deems that the damage is serious and neglects it, he/she may cause damage that is difficult to recover, he/she may organize an ex officio deliberation committee to initiate an investigation.

(3) When investigating a case, the director of the Center shall ensure that the parties are investigated fairly in a free environment, and shall take necessary measures, such as a closed-door investigation, to prevent further damage.

(4) The director of the Center shall notify the parties of necessary matters, such as investigation procedures and methods of handling the case, before investigating the case.

(5) The case reported under paragraph (1) shall be closed within six months from the date of receipt of the report, and the ex officio investigation under paragraph (2) shall close the case within one year from the date of commencement of the investigation. However, this period may be extended only once within six months.

(6) When the director of the Center receives a report on a case, he/she may have a professional counselor conduct a preliminary investigation within one month to determine the appropriateness of the report.

 

Article 24 (Method of Investigation) (1) The deliberation committee may investigate the case in the following manner: However, if there is an investigation result of a relevant state agency, such as a criminal justice agency or the National Human Rights Commission, this may be substituted: 

1. Requests for attendance, listening to statements or submitting statements from parties or persons concerned; 

2. Request for submission of data, etc. deemed relevant to the investigation, or inquiry of facts and information to the parties, related persons, or heads of related departments;

3. On-site investigations of places, facilities, or materials deemed relevant to the investigation;

4. Other methods necessary for the investigation of a case. 

(2) A person who is requested to submit a statement pursuant to paragraph (1) 1 shall submit a statement within seven days. However, if the director of the Center deems it urgent to investigate the case, he/she may request the submission of a statement immediately.

(3) A person who is requested to attend under paragraph (1) 1 shall comply with the attendance on the date of request unless there is a justifiable reason. However, if there is a justifiable reason, the person may notify the Center before the date of attendance and request a change in the date of attendance, and the request for a change in the date of attendance is limited to two times.

(4) Anyone who is requested to submit data under paragraph (1) 2 and inquire about the facts under subparagraph 3 shall respond faithfully.

(5) For on-site investigations referred to in paragraph (1) 4, the heads of related departments or managers must actively cooperate.

(6) The deliberation committee may delegate the investigation of a case to a professional counselor of the Center, and the delegated professional counselor shall immediately report the results to the committee after the investigation of the case. At this time, the deliberation committee in receipt of the report may, if deemed necessary, order a professional counselor to conduct additional investigations or conduct additional investigations directly.

 

Article 25 (Right of the Concerned Party) (1) The parties may refuse to attend or participate in the investigation procedures of the deliberation committee, and may refuse to make a statement even when present.

(2) The parties may notify the chairperson in advance and accompany an agent such as a lawyer or have an agent present in the investigation procedure. At this time, when the agent is present, it is deemed that the principal is present.

(3) Even if a party does not comply with the investigation of the deliberation committee or refuses to make a statement, no penalty shall be imposed on the decision of the case on the grounds of this fact.

 

Article 26 (Suspension of Investigation) (1) In the course of investigating a case, the chairperson may suspend the investigation if it is impossible to proceed with the investigation in any of the following cases:

1. Where the whereabouts of the reporter or victim are unknown;

2. Where the whereabouts of an important reference person who is key to the resolution and fact-finding of the case are unknown;

3. Where there are special circumstances in which case investigation cannot be carried out.

(2) The chairperson shall ascertain the whereabouts of the reporter, victim, and important reference person every two months from the date of suspension of investigation, and shall immediately resume the investigation if the grounds for suspension of investigation are resolved.

(3) When six months have elapsed since the suspension of the investigation, the chairperson may close the case after reporting it to the deliberation committee unless there is a compelling reason not to continue the investigation.

(4) When the case is closed pursuant to paragraph (3), the chairperson shall notify the parties in writing through the director of the Center without delay. However, this notice may be made by text message, e-mail, or other substantial means.

 

Article 27 (Cessation of Investigation) The chairperson may suspend the investigation procedure of the deliberation committee when the case under investigation is filed (reported) to a state agency such as an investigative agency or the National Human Rights Commission, or when specific procedures under other laws are in progress.

 

Article 28 (Conclusion of Investigation) When the investigation is concluded, the deliberation committee shall deliberate on the results and make a decision on the contents of the case and its handling.

 

Section 3 Handling of the Case 

 

Article 29 (Mediation Procedure) (1) The director of the Center may initiate the mediation procedure at the request of a party or ex officio before the case is referred to the deliberation committee or before the deliberation of the deliberation committee is terminated.

(2) The director of the Center may present to the parties a mediation plan that includes appropriate damage relief measures. However, if the reporter or the respondent presents the mediation proposal, the Center director may deliver the mediation proposal to the other party only once.

(3) When mediation is established by agreement of the parties, the case is closed.

(4) If an agreement between the parties is reached due to mediation, the reporter cannot report the same case again.

(5) When the mediation fails, the Center director shall notify the parties and have the deliberation committee conduct an investigation. The same is true for ex officio investigation.

(6) Mediation procedures cannot be carried out after the deliberation committee has decided on the case.

 

Article 30 (Recommendation of Relief Measures, Disciplinary Action, Accusation, etc.) (1) When the deliberation committee investigates and deliberates the case and finds that human rights violations have occurred, it may recommend one or more of the following measures to the head of the relevant department:

1. Correction or improvement of related regulations, systems, policies and practices; 

2. Disciplinary suggestion for the respondent, etc. (In this case, it includes cases where it is recognized that there are reasons for disciplinary action in accordance with laws and regulations of the University.);

3. In cases where criminal punishment is necessary because an act such as human rights violation is a criminal act, the respondent, etc. are reported to an investigative agency;

4. Implementation of measures to protect victims and prevent recurrence.

(2) When the deliberation committee investigates and deliberates the case and finds that human rights violations have occurred, it may recommend one or more of the following measures to the perpetrator or the respondent: 

1. Measures that the perpetrator can reflect on, such as submitting a reflection statement, completing education, and volunteering;

2. Measures such as apology and compensation for victims;

3. Other measures necessary to prevent the recurrence of incidents.

(3) If the perpetrator or the respondent under the preceding paragraph falls under any of the following subparagraphs, the chairperson may take an aggravated measure after deliberation by the deliberation committee or request an augmented disciplinary action from the relevant disciplinary agency:

1. In case of a second offense;

2. In case of failure to comply with the measures determined by the deliberation committee; 

3. In case of retaliation against the victim, reporter or reference person;

4. When the victim, the reporter, or a reference person is forced to agree against his or her intention, or attempts to distort the case through the request for a specific statement or through intimidation or cause; 

5. In the case of defamation, such as exposure to the identity of a victim, reporter, or witness, or unjustly infringing upon them in the course of dealing with the case.

(4) The deliberation committee may also take measures under paragraphs (1) through (2) against a person who interferes with a victim's report and investigation and a person who interferes with the investigation, such as assault, intimidation, false statements, evidence manipulation, etc., or fails to comply with a request for cooperation related to the investigation without justifiable grounds.

(5) If the perpetrator or the respondent is an outsider, the deliberation committee may notify their affiliated institution of the results of the investigation and request a disposition such as suspension, warning or disciplinary action. At this time, the notification and request for disposition shall be made in writing.

 

Article 31 (Implementation of Remedies and Follow-Up Measures) (1) The head of the relevant department in receipt of the recommendation under Article 30 (1) 1 shall comply with the recommendation unless there is a justifiable reason, and shall notify the director of the Center of the results of its implementation.

(2) Even if the results of the deliberation committee determine that the violation of human rights, etc. has not been reached, the director of the Center may express his/her opinion to the party or the head of the relevant department, if it is deemed that there is a reason necessary for the prevention of recurrence or protection of victims, etc. At this time, the head of the relevant department in receipt of an opinion statement shall endeavor to comply with such opinion.

(3) The director of the Center shall check and confirm whether the relevant departments take follow-up measures and implement the recommendations of the deliberation committee.

 

Article 32 (Preparation of Resolutions and Notification of Decisions, etc.) The director of the Center shall prepare a written decision stating the summary of the decision within 14 days after the decision of the deliberation committee, and notify the parties and the heads of the relevant departments of the decision in writing. However, notification to the party may be made by text message, e-mail, or other substantial means.

 

Article 33 (Request for Disciplinary Action) (1) In the case where the deliberation committee determines the disciplinary action of the perpetrator or the respondent under Article 30 (1) 2, or the perpetrator or the respondent falls under any of the following subparagraphs, the director of the Center may request the head of the relevant department to take disciplinary action in writing, accompanied by his/her opinion on the grounds for disciplinary action and the level of disciplinary action: 

1. Where the parties fail to follow the provisions related to temporary measures or the provisions of remedy;

2. Where a party retaliates against the other party or infringes unfairly in connection with the case; 

3. Where a party unfairly exposes the identity of the other party or defames the other party;

4. Where the reported person fails to comply with the adjustment.

(2) The head of the relevant department in receipt of a request for disciplinary action pursuant to paragraph (1) shall request disciplinary action in accordance with the procedures prescribed by the school regulations of this University, unless there are special circumstances.

 

Article 34 (Filing an Objection) (1) If a party has an objection to the decision of the deliberation committee, it may file an objection to the deliberation committee within 10 days from the date of notification of the decision under Article 32.

(2) When a party submits an objection, it must be made in a document stating the reasons.

(3) If the deliberation committee deems that the objection of the party is for reasons, it shall deliberate and resolve the case again within 30 days.

(4) The director of the Center may reject an objection filed by a party without deliberation by the deliberation committee if the requirements are not met or the deadline for submission is exceeded, such as not stating the grounds for the objection.

(5) No objection shall be made to the resolution of the deliberation committee or the decision of the director of the Center on the objection of the parties concerned.

 

Article 35 (Disclosure of the Case) (1) When the deliberation committee deems it necessary for the public interest, such as the prevention of recurrence of similar cases, after the processing procedure of the case is completed, it may disclose the details of the case and the details of its decision after a resolution by the deliberation committee.

(2) In the case of paragraph (1), the personal information prescribed in Article 2 subparagraph 1 of the Personal Information Protection Act shall not be exposed for the protection of the parties.

 

 

Chapter 4  Protection of Victims, Confidentiality, Records, etc.

 

Article 36 (Protection of Victims and Confidentiality) (1) The director of the Center must be faithful to the protection of the victims in the entire process of handling the case. 

(2) Victims may request measures necessary for the protection of human rights in addition to the involvement or exclusion of specific persons in the process of handling the case, and the director of the Center shall accept the request unless there is a justifiable reason.

(3) No person who has performed or performed the affairs of the Center, including members of each committee, shall disclose or divulge any information or related facts he/she has learned in the course of handling the case, such as the identity of the victim, without justifiable grounds.

(4) No party, reference person, etc. subject to investigation shall disclose any information related to the case, as well as any other party, or divulge any information related to the case to any other person until the case is closed.

 

Article 37 (Prevention of Secondary Damage) (1) The director of the Center and the deliberation committee should take care not to cause secondary damage to the parties in the entire process of investigation and handling of the case.

(2) The director of the Center can take necessary measures to prevent secondary damage to the victim in the process of handling the case.

 

Article 38 (Preservation and Viewing of Records) (1) The director of the Center shall record the details and procedures of the case and keep them. At this time, the records shall be kept for five years from the date of termination of the event.

(2) The director of the Center shall not disclose the case records pursuant to the provisions of paragraph (1) or allow anyone to view it, except when necessary for handling the case. However, if there are unavoidable circumstances, the Center director may disclose or allow access after deliberation and resolution by the steering committee.

 

 

Chapter 5 Supplementary Rules

 

Article 39 (Responsibility for Cooperation of Related Departments) All members and departments of the University must actively cooperate in the performance of the Center's work.

 

Article 40 (Prohibition of Disadvantage) Anyone who submits or responds to the Center in accordance with this regulation shall not be disadvantaged in terms of status and treatment from the University.

 

Article 41 (Responsibility for Cooperation) When the director of the Center receives a request for cooperation, such as submission of case-related data, from a state agency, such as an investigative agency or the National Human Rights Commission, he/she may comply with such request after a resolution by the steering committee.

 

Article 42 (Special Support Committee for Students with Disabilities) A special support committee for students with disabilities is established and operated to deliberate on major matters related to guaranteeing the right to study for students with disabilities. Details on this will be determined separately.

 

Article 43 (Supplementary Rules) Matters not specified in this regulation shall be implemented after deliberation by the steering committee and with the approval of the president of University.

 

 

 

 

Addenda (Enacted October 12, 2015)

Article 1 (Enforcement Date) This regulation will take effect on September 1, 2015. 

Article 2 (Transitional Measures) For cases reported before the enforcement of this regulation, the previous regulation will be applied.

Article 3 (Abolition) Regulations on the prevention of sexual violence and protection of victims are abolished.

 

Addenda (Amended February 20, 2017)

This revised regulation will take effect on February 20, 2017.

 

 

Addenda (Amended January 2, 2018)

This revised regulation will take effect on January 2, 2018. 

 

Addenda (Amended March 13, 2018)

This revised regulation will take effect on March 13, 2018. 

 

Addenda (Amended December 17, 2018)

This revised regulation will take effect on December 17, 2018. 

 

Addenda (Amended August 21, 2019) 

This revised regulation will take effect on August 21, 2019. 

 

Addenda (Amended November 7, 2019) 

This revised regulation will take effect on November 7, 2019. 

 

Addenda (Wholly Amended July 2, 2020) 

Article (Enforcement Date) This revised regulation will take effect on July 1, 2020.