CHAPTER I GENERAL PROVISIONS

 

Article 1 (Purpose)

The purpose of these regulations is to prescribe matters necessary for the organization and operation of Seoul National University Human Rights Center (hereinafter referred to as the “Center”), established under Article 23(3) of Seoul National University Rules, with the aim of protecting human rights and promoting the rights and interests of all members of Seoul National University.

 

Article 2 (Definition)

The terms used in these regulations are defined as follows:

 

1. The term “human rights” refers to the human dignity, worth, liberty, and rights that are guaranteed by the Constitution of the Republic of Korea and other statutes, or recognized by international human rights treaties signed and ratified by the Republic of Korea, as well as customary international law. These rights include the right not to be subjected to a discriminatory act violating equal rights, verbal abuse, and physical violence.
2. The term “sexual harassment” refers to any of the following acts committed in education, research, work, hiring, or other relations:

3. The term “sexual violence” refers to crimes as stipulated in the Act on Special Cases Concerning the Punishment of Sexual Crimes or acts equivalent thereto.
4. The term “stalking” refers to an act of stalking as defined in Article 2(1) of the Act on Punishment of Crime of Stalking and crime of stalking as defined in Article 2(2) of the same Act.
5. The term “secondary victimization” refers to cases in which a victim, complainant/grievant, person for reference, or representative (hereinafter referred to as the “Victim, etc.”) is subjected to unfavorable treatment such as dismissal, transfer, disciplinary action, and unfair treatment, or other disadvantages related to status or working conditions, or is harmed by acts such as the spreading of rumors about the case, ostracizing the Victim, etc., sympathizing with or advocating for the respondent/subject of the grievance, or downplaying or concealing the case, solely on account of his/her receiving counseling, filing a grievance or a complaint, providing a statement, submitting relevant materials, etc., or providing a response to the Center.
6. The term “human rights violations, etc.” refers to the matters listed in subparagraphs 2 through 5 and any other acts that constitute human rights violations, including an act of creating an unfair environment based on gender and workplace harassment as defined in the Labor Standards Act.
7. The term “grievance” refers to a complaint regarding matters infringing upon the rights and interests of, or causing any inconvenience or burden to, members of Seoul National University (hereinafter referred to as “SNU”) due to any unlawful, unjust, or inadequate dispositions (including factual acts and omissions) and unreasonable administrative systems of SNU; or a complaint regarding conflicts and disputes between members of SNU.
8. The term “victim” refers to a person who has experienced human rights violations, etc.
9. The term “offender” refers to a person who has committed human rights violations, etc.
10. The term “complainant” refers to a person who has reported human rights violations, etc. to the Human Rights Counseling Office, and the term “respondent” refers to a person who is named as the offender by the grievant.
11. The term “complainant” refers to a person who has filed a grievance with the Ombudspersons’ Office, and the term “respondent” refers to a person who is named by the complainant as having caused the fact that led to the grievance.
12. The term “party” refers to the victim, offender, complainant/grievant, or the respondent/subject of the grievance.
13.The term “related department” refers to any department or office associated with the functions of the Center, including the department or office to which the parties belong.
14. The term “members of SNU” refers to any individuals who are subject to SNU’s charter, academic rules, and regulations, including executives, faculty, staff, and students.

 

Article 3 (Scope of Application)

These regulations shall apply to all members of SNU, as well as cases in which either the respondent/subject of the grievance or the victim is a member of SNU.

 

 

CHAPTER II ORGANIZATION

 

Article 4 (Organization)

(1) The Center shall be comprised of the Human Rights Counseling Office (hereinafter referred to as the “Counseling Office”), the Ombudspersons’ Office, the Division of Human Rights Research (hereinafter referred to as the ‘Division of Research’), the Division of Human Rights Education (hereinafter referred to as the ‘Division of Education’), and the Administration Office.

(2) The Center shall have a Director (hereinafter referred to as the “Center Director”), while the Counseling Office shall have a Head of the Counseling Office (hereinafter referred to as the “Head of the Counseling Office”), and the Ombudspersons’ Office shall have Ombudspersons.

(3) To handle specialized duties such as counseling and investigation of human rights violations, etc., as well as research and education on human rights issues, the Center may appoint clinical faculty, research faculty, expert advisors, and researchers.

(4) To support and assist the Center’s functions, staff shall be assigned to the Administration Office.

 

Article 5 (Center Director)

(1) The Center Director shall be appointed by the President of SNU from among full-time faculty members at the rank of associate professor or higher who possess extensive knowledge and experience in human rights issues, including sexual harassment and sexual violence, and the ability to impartially and independently perform duties.

(2) The Center Director shall represent the Center and supervise its duties.

(3) The term of the Center Director shall be 2 years, and consecutive appointments may be permitted.

(4) The Center Director shall publish an annual report on the Center’s activities for the protection and promotion of human rights within SNU and submit it to the President, who shall take necessary actions accordingly. The Center Director may separately report significant matters to the President.

(5) If the Center Director is unable to perform his/her duties due to unavoidable reasons, the Head of the Counseling Office or the longest-serving faculty member shall act on behalf of the Center Director.

(6) If the Head of the Counseling Office is unable to perform his/her duties due to unavoidable reasons, the Center Director may either handle the duties or assign them to the longest-serving expert advisor.

 

Article 6 (Head of the Human Rights Counseling Office)

(1) The Head of the Counseling Office shall be appointed by the President of SNU from among faculty members who have expertise and experience in’ issues of sexual harassment, sexual violence, and human rights, and the ability to carry out, in an impartial and independent manner, functions of investigation and remedy of the aforementioned acts, as well as functions of protection and promotion of human rights.

(2) The Head of the Counseling Office shall execute the functions of the Counseling Office, oversee the investigation of human rights violations, etc., and report the results and recommendations of appropriate remedies to the Center Director.

 

Article 7 (Counseling Office)

(1) The Counseling Office shall undertake the following functions:

1. Prevention of and response to sexual harassment and sexual violence:

(a) Counseling, investigation, and remediation of sexual harassment and sexual violence;

(b) Preliminary research for the establishment of guidelines on the types, criteria, and preventive measures for sexual harassment and sexual violence;

(c) Surveys on the status of sexual harassment and sexual violence, and the subsequent expression of opinions to related departments; and

(d) Other necessary measures for the prevention of sexual harassment and sexual violence.

2. Counseling and investigation of human rights violations:

(a) Counseling, investigation, and remedying of human rights violations other than sexual harassment and sexual violence;

(b) Preliminary research for the establishment of guidelines on the types, criteria, and preventive measures for human rights violations;

(c) Surveys on the status of human rights violations, and the subsequent expression of opinions to related departments; and

(d) Other necessary measures for the prevention of human rights violations.

(2) The Counseling Office shall appoint persons in charge of the duties specified in subparagraphs 1 and 2 of Article 7(1), respectively.

(3) The Head of the Counseling Office may, if necessary, have the persons in charge of the duties specified in subparagraphs 1 and 2 of Article 7(1) jointly perform their functions.

 

Article 8 (Ombudspersons’ Office)

(1) The Ombudspersons’ Office shall undertake the following functions:

1. Counseling, investigation, and resolution of grievances;
2. Surveys and research on SNU’s internal systems related to grievances;
3. Expression of opinions and recommendations to the departments related to grievances; and
4. Other necessary measures for the handling of grievances.

(2) The Ombudspersons shall be appointed by the President of SNU from among current or former faculty members with substantial knowledge and experience in human rights and university administration.

(3) The term of the Ombudspersons shall be 2 years, and consecutive appointments may be permitted.

(4) The Center may provide the necessary expenses and allowances to the Ombudspersons within the budget.

(5) The Chief Ombudsperson shall be elected from among the Ombudspersons and shall supervise the duties of the Ombudspersons’ Office. The Chief Ombudsperson may separately report significant matters to the President of SNU.

(6) If the Chief Ombudsperson is unable to perform his/her duties due to unavoidable reasons, the senior Ombudsperson shall act on behalf of the Chief Ombudsperson.

 

Article 9 (Division of Human Rights Research)

The Division of Research shall undertake the following functions:

1. Research on various human rights issues, both domestic and international;
2. Planning and managing human rights lectures and academic events; and
3. Other activities necessary for research aimed at enhancing human rights awareness among members of SNU.

 

Article 10 (Division of Human Rights Education)

The Division of Education shall undertake the following functions:

1. Planning, developing, and implementing training and educational programs to promote awareness toward the prevention of sexual harassment and sexual violence, and the protection of human rights;
2. Surveys and research for human rights education and education policies; and
3. Other activities necessary for education programs aimed at improving human rights awareness among members of SNU.

 

Article 11 (Administration Office)

The Administration Office shall perform the following functions:

1. Supporting the activities of the Counseling Office, the Ombudspersons’ Office, the Division of Research, the Division of Education, and the Steering Committee; and
2. Managing security, official seal, general affairs, accounting, and other matters not assigned to other departments.

 

 

CHAPTER III STEERING COMMITTEE, ETC.

 

Article 12 (Functions of the Steering Committee)

The Steering Committee shall be established within the Center to deliberate on the following matters:

1. Basic operational plans and strategies;
2. Budget preparation and financial settlement;
3. Enactment, amendment, and repeal of regulations and detailed rules;
4. Annual reports;
5. Matters necessary for the protection and promotion of human rights among members of SNU; and
6. Other significant matters concerning the Center’s duties, as deemed necessary for deliberation by the Center Director.

 

Article 13 (Composition of the Steering Committee)

(1) The Steering Committee shall consist of up to 15 members, including 1 Chairperson.

(2) The Center Director shall serve as the Chairperson.

(3) Ex officio members of the Steering Committee shall include the Center Director, the Dean of the Office of Academic Affairs, the Dean of the Office of Student Affairs, the Director of the Bureau of General Administration, the Head of the Counseling Office, and the Chief Ombudsperson. The remaining members, including 2 students and 2 staff members, shall be appointed by the President of SNU from among experts in relevant fields within and outside SNU. However, in the case of appointed members, no particular gender shall exceed 60% of the total number of appointed members.

(4) The term of the Committee members, excluding ex officio members, shall be 2 years, and consecutive appointments may be permitted.

 

Article 14 (Meetings of the Steering Committee)

(1) The Chairperson shall convene meetings of the Steering Committee.

(2) A meeting shall be deemed valid if a majority of the total members are in attendance and resolutions shall be passed with the consent of a majority of the members present.

 

Article 15 (Advisory Committee)

An Advisory Committee may be established to provide advice on matters necessary for the performance of the Center’s functions. The composition and operation of the Advisory Committee shall be determined separately by the Center Director.

 

 

CHAPTER IV INVESTIGATIONS AND REMEDIES

 

SECTION 1 Counseling Office

 

Article 16 (Investigation of Cases)

The Head of the Counseling Office may initiate an investigation into human rights violations, etc., either upon receiving a report or by official authority.

 

Article 17 (Complaints)

(1) Any person who has experienced or is aware of human rights violations, etc. may report a complaint to the Counseling Office. However, a complaint is not permitted if it falls under any of the following subparagraphs:

1. Where more than 6 years have passed since the occurrence of the fact that led to the complaint (if there are reasonable grounds for the delay, the period shall be calculated from the day on which the grounds cease to exist); or
2. Where the facts that led to the complaint are identical to those of a case that has already been closed under Articles 25, 29, 30, 31, and 32, or for which remedies have been provided under Article 33. However, the foregoing shall not apply if there has been a significant change in circumstances in a case closed pursuant to Article 25.

(2) Where a complaint or grievance received by an on-campus organization other than the Center is related to human rights violations, etc., and the Center Director deems it appropriate for the Center to handle it, the said organization must comply with the Center Director’s request to transfer the matter.

(3) Where a complaint or grievance received by an on-campus organization other than the Center is related to human rights violations, etc. and requires the Center’s investigation, the said organization must immediately notify the Center.

(4) Where a related case is being investigated by both the Center and another on-campus organization, both entities shall cooperate to the extent necessary for the investigation and handling of the case.

 

Article 18 (Withdrawal of Complaints)

A complainant may withdraw his/her complaint at any time before being notified of the outcome for the case.

 

Article 19 (Rejection of Complaints)

(1) The Head of the Counseling Office shall reject a complaint if it falls under any of the following subparagraphs:

1. Where, at the time of the occurrence of the fact that led to the complaint, neither the complainant nor the victim was a member of SNU as defined in Article 3 of these regulations;
2. Where the content of the complaint clearly does not constitute a human rights violation, etc., even according to the complaint itself;
3. Where the victim of a case reported by a person other than the victim explicitly states that he/she does not wish for an investigation to be conducted before the initiation of the investigation;
4. Where the complainant withdraws the complaint before the investigation begins; or
5. Where the complaint is not permitted since it falls under the subparagraphs in the proviso of Article 17(1); or
6. Where proceeding with the procedures is clearly inappropriate for other reasons.

(2) Where a complaint is rejected, the Head of the Counseling Office must promptly notify the complainant of the result and the reasons for rejection in writing.

 

Article 20 (Temporary Measures)

In the event where it is acknowledged that human rights violations, etc. are currently ongoing and may lead to further harm, the Center Director may request related persons, including the respondent and the head of the related department, to take the following measures, either upon a party’s request or by official authority, even before a decision on the investigation is made:

1. Immediate cessation of the human rights violations, etc.;
2. Separation measures such as eviction or isolation from the victim’s residence, office, laboratory, classroom, or other legitimately occupied spaces; or
3. Any other measures necessary to ensure the victim’s safety.

 

Article 21 (Initiation of Investigations)

(1) Once an investigation is initiated, the Head of the Counseling Office must promptly notify the parties in writing.

(2) The Head of the Counseling Office must inform the parties of necessary matters, including investigation procedures and remedies.

 

Article 22 (Handling of Cases)

(1) Reported cases must be handled within 6 months from the initiation of the investigation. However, this does not apply if there are special circumstances requiring a considerable amount of time to handle the case.

(2) Where legal proceedings, criminal investigation by law enforcement, or procedures for legal remedies are ongoing in relation to the fact that led to the report at the time when or after the complaint was filed, the Head of the Counseling Office may suspend the Center’s proceedings.

(3) The Head of the Counseling Office must promptly notify the parties of the result pursuant to Article 21(1) in writing.

 

Article 23 (Methods of Investigations)

(1) The Head of the Counseling Office must take necessary measures to guarantee the impartial investigation of the parties involved in a manner that is free from undue influence.

(2) The Counseling Office may investigate using the methods specified in the following subparagraphs, and the parties and related persons must cooperate faithfully with the investigation:

1. Requiring the attendance of the parties or related persons for questioning, hearing their statements, or requiring the submission of written statements (written statements must be submitted within 14 days);
2. Requesting the submission of materials deemed relevant to the investigation from the parties, related persons, or related departments;
3. Verifying facts or information deemed relevant to the investigation from the parties, related persons, or related departments;
4. Conducting on-site inspections of any locations, facilities, or materials deemed relevant to the investigation; and
5. Requesting facts, information, or opinions deemed relevant to the investigation from experts with knowledge and experience, etc.

 

Article 24 (Rights of the Parties)

(1) A party shall have the right to refuse to present his/her opinion.

(2) A party may be accompanied by his/her representative in the investigation procedure, etc. under Article 23(2) after notifying the Head of the Counseling Office in advance.

 

Article 25 (Closing of Investigations)

(1) The Head of the Counseling Office may close the investigation of a case if it falls under any of the following subparagraphs:

1. Where it is difficult to clearly identify the facts of the case under his/her investigation authority;
2. Where a party to the case fails to respond to the investigation, or where his/her whereabouts is unknown;
3. Where no additional remedy is required, since the victim of a case reported by a person other than the victim explicitly states that he/she does not wish for an investigation to be conducted after the initiation of the investigation, or the damage has already been restored, etc.; or
4. Where the complainant withdraws his/her report after the initiation of the investigation (However, if it is deemed that the investigation is necessary considering the severity of the case, etc., the investigation may be conducted by official authority).

(2) Where the Head of the Counseling Office closes the investigation of the case pursuant to paragraph (1), the Head of the Counseling Office shall promptly notify the result thereof to the parties unless he/she is unable to do so due to their unclear whereabouts or any other reasons.

 

Article 26 (Composition of the Deliberation Committee)

(1) The Head of the Counseling Office may establish a Deliberation Committee, composed of 3 to 9 members, including the Chairperson, if he/she deems that it is necessary for the fair handling of the case.

(2) The Head of the Counseling Office shall appoint the members of the Deliberation Committee from among individuals who meet the following criteria in consideration of the characteristics of the case, which must include a member specified in subparagraph 5:

1. Faculty and staff member(s);
2. Student(s);
3. A person who is or was an associate professor or higher at a university or an authorized research institution with a specialization in law or another field relevant to the case;
4. A person who performs or performed relevant work in a public institution or organization;
5. A person who is qualified to practice law; or
6. Any other person who possesses expertise and experience falling under any of the preceding subparagraphs

(3) The Chairperson shall be appointed by the Head of the Counseling Office from among the members of the Deliberation Committee.

(4) In principle, the term of the Committee members shall expire upon the closing of the investigation into the case, but the Head of the Counseling Office may separately determine a term of up to 1 year for some members.

(5) The Head of the Counseling Office may appoint a new member in the event of any vacancy in the Deliberation Committee.

 

Article 27 (Duties of the Deliberation Committee)

The Deliberation Committee shall perform the following functions:

1. Deliberating on the investigation into cases reported to the Counseling Office
2. Presenting facts and solutions for the case; and
3. Requesting supplementary investigation in the event where the investigation into the case in subparagraph 1 is not sufficient.

 

Article 28 (Meetings of the Deliberation Committee)

(1) The meetings of the Deliberation Committee shall be considered valid when attended by a majority of the total members, including the Chairperson.

(2) The Center Director, the Head of the Counseling Office, and expert advisors may attend a meeting of the Deliberation Committee to assist with the other attendees’ understanding of the case.

(3) The Deliberation Committee may present its opinion on the facts and possible solutions for the case to the Head of the Counseling Office with the consent of a majority of the members present.

 

Article 29 (Dismissal of Complaints)

(1) The Head of the Counseling Office shall dismiss a complaint if it falls under either of the following subparagraphs:

1. Where it is deemed that the complaint is not true to the facts; or
2. Where the investigation outcome demonstrates that the complaint does not comprise human rights violations, etc.

(2) Where the Head of the Counseling Office dismisses the case under paragraph (1), he/she shall promptly notify the parties of the result and reasons in writing.

 

Article 30 (Resolution by the Parties)

(1) The parties may consult each other on potential remedies and request confirmation thereof from the Counseling Office.

(2) Where the Head of the Counseling Office confirms such remedies as stated in paragraph (1), it shall be deemed that a recommendation has been made as stipulated under Article 33(1).

 

Article 31 (Conciliation)

(1) The Head of the Counseling Office may refer a case with an ongoing investigation to conciliation upon the request of the parties or by official authority.

(2) The Head of the Counseling Office may organize the Conciliation Committee to conduct the conciliation process.

(3) The Head of the Counseling Office or the Conciliation Committee may propose appropriate remedies to the parties, and if the parties agree thereto, it shall be deemed that a recommendation has been made as stipulated under Article 33(1).

(4) The conciliation process shall be completed before the parties receive the notification of the outcome for the case.

(5) Specific matters regarding the conciliation process may be separately determined by the Center Director.

 

Article 32 (Restorative Conversation)

(1) The Head of the Counseling Office may, upon the request of one party and the consent of the other party, provide an opportunity for the parties to engage in conversation if it is deemed necessary to repair harm inflicted upon the victim or for the prevention of the recurrence of the case.

(2) In the case of paragraph (1), the Head of the Counseling Office may commission an expert to facilitate the restorative conversation between the victim and the offender for the purpose of facilitating the conversation.

(3) Article 30 shall apply mutatis mutandis to the confirmation of the results of the restorative conversation, etc.

(4) Specific matters regarding a restorative conversation procedure may be separately determined by the Center Director.

 

Article 33 (Remedies, etc.)

(1) Where the investigation outcome confirms the occurrence of human rights violations, etc., the Center Director may recommend appropriate remedies, corrections, or improvement of the relevant system, policy, or practice to the parties and the head of the related department.

(2) Even if the case does not fall under paragraph (1), in the event where the investigation outcome recognizes the existence of equivalent grounds, the Center Director may express his/her opinion to the parties or the head of the related department.

(3) The party who receives recommendations under paragraph (1) shall follow such recommendations unless there are justifiable reasons, and promptly notify the result of the implementation thereof to the Center Director.

(4) The head of the related department who receives recommendations under paragraph (1) shall make his/her best efforts to implement such recommendations, and in the event of any circumstance that hinders such implementation, the head shall explain the reason to the Center Director. 

 

Article 34 (Requests for Disciplinary Action)

(1) The Center Director may request the President to take disciplinary action by attaching the reason and the degree thereof in any of the cases that fall under the following subparagraphs:

1. Where the investigation outcome confirms grounds for disciplinary action as determined by statutes and the relevant school regulations;
2. Where a party does not implement measures to protect the victim as stipulated in Articles 20 and 33(1);
3. Where a party seeks retribution against or imposes an unfair disadvantage to the other party in relation to the case;
4. Where a party unfairly reveals the identity of the other party or defames them or
5. Where anyone impedes the investigation or remedy by the Counseling Office

(2) Upon the completion of the disciplinary procedure as requested under paragraph (1), the completion thereof shall be notified to the Center.

 

Article 35 (Protection of and Support for the Victim)

(1) The victim may request necessary support from the Center Director to protect his/her human rights in the course of handling the case.

(2) The Center Director may provide psychological counseling, medical expenses, or any other matters required for the protection of the victim depending on the severity of the damage inflicted upon the victim and the necessity of protection and support.

(3) The Center Director may request cooperation from related departments on campus to provide housing, legal, economic, and medical support, and any other matters required for the protection of the victim.

 

SECTION 2 Ombudspersons’ Office

 

Article 36 (Application)

(1) Any person who has a grievance or is aware of a grievance may file a grievance (hereinafter referred to as the “application”) with the Ombudspersons’ Office unless it falls under any of the following subparagraphs:

1. Where more than 6 years have passed since the occurrence of the event that led to the application (if there are reasonable grounds for the delay, the period shall be calculated from the day on which the grounds cease to exist); or
2. Where a redundant application is submitted for a case that has already been dismissed by an Ombudsperson.

(2) The grievant may withdraw the application at any time before being notified of the investigation result.

 

Article 37 (Rejection of Application)

(1) The Ombudsperson shall reject the application if it falls under any of the following subparagraphs:

1. Where it is evident that the grievant is not eligible to file an application;
2. Where the application is subject to any of the subparagraphs in the proviso of Article 36(1); or
3. Where proceeding with the investigation and remedy process is clearly inappropriate for other reasons.

(2) Where the Ombudsperson rejects the application, he/she shall promptly notify such result and the reason to the grievant in writing.

 

Article 38 (Initiation of Investigations)

The Ombudsperson shall initiate an investigation upon receipt of the grievant’s application.

 

Article 39 (Temporary Measures)

In the event where it is acknowledged that the grievance, etc. is currently ongoing and may lead to further damage, the Center Director may request related persons, including the respondent and the head of the relevant department, to immediately suspend any act related to such complaint, either upon a party’s request or by official authority, even before a decision on the investigation is made.

 

Article 40 (Methods of Investigations)

The Ombudsperson may investigate as stipulated in the following subparagraphs:

1. Hearing the statements of the parties and related persons;
2. Requesting the submission of materials deemed relevant to the investigation from the parties, related persons, or related departments;
3. Verifying facts or information deemed relevant to the investigation from the parties, related persons, or related departments; or
4. Conducting on-site inspections of any locations or facilities deemed relevant to the investigation.

 

Article 41 (Closing of Investigations)

(1) The Ombudsperson may close an investigation if it falls under any of the following subparagraphs:

1. Where it is difficult to clearly identify the facts by official authority of the Ombudsperson;
2. Where a party to the grievance fails to respond to the investigation, or where his/her whereabouts is unknown; or
3. Where it is deemed that no additional remedy is required, since the damage has already been restored, etc.

(2) Where the Ombudsperson closes the investigation of the case pursuant to paragraph (1), the Ombudsperson shall promptly notify the result thereof to the parties unless he/she is unable to notify thereof to the parties due to their unclear whereabouts or any other reasons.

 

Article 42 (Dismissal of Application)

(1) The Ombudsperson shall dismiss an application if it falls under either of the following subparagraphs:

1. Where it is deemed that the application is not true to the facts; or
2. Where the investigation outcome demonstrates that the application filed by the grievant does not qualify for consideration.

(2) Where the Ombudsperson dismisses the case under paragraph (1), he/she shall promptly notify the grievant of such result and reasons in writing.

 

Article 43 (Resolution by the Parties)

(1) The parties may consult each other on potential remedies and request confirmation thereof from the Ombudsperson.

(2) Where the Ombudsperson confirms such remedies as stated in paragraph (1), it shall be deemed that a recommendation has been made as stipulated under Article 45(2).

 

Article 44 (Conciliation)

(1) The Ombudsperson may initiate the conciliation process upon the request of the parties or by official authority.

(2) The Ombudsperson may organize the Conciliation Committee to conduct the conciliation process, and specific matters regarding it may be separately determined by the Chief Ombudsperson.

(3) Where the parties fail to reach an agreement through the conciliation process, the Ombudsperson may propose appropriate remedies to the parties.

(4) Where both parties agree to the remedies proposed by the Ombudsperson under the preceding paragraph, it shall be deemed that a recommendation has been made as stipulated under Article 45(2).

 

Article 45 (Remedies, etc.)

(1) The Ombudsperson may take the following measures as necessary in relation to the case:

1. Where it is deemed that the grievance was caused by an unlawful or unfair disposition or an unreasonable administrative system, proposing the correction of such disposition or system to the head of the related department;
2. Where it is deemed that there are substantial reasons for the grievance, expressing his/her opinion to the head of the related department; or
3. Where it is deemed necessary to improve an administrative system, etc. in the course of handling the case, proposing the necessity of the improvement or expressing his/her opinion to the head of the related department.

(2) In relation to paragraph (1), the Center Director may recommend appropriate remedies to the parties and the head of the related department.

(3) The party who receives recommendations under paragraph (2) shall follow such recommendations unless there are justifiable reasons, and promptly notify the result of the implementation thereof to the Center Director.

(4) The head of the related department who receives recommendations under paragraph (2) shall make his/her best efforts to implement such recommendations, and in the event of any circumstance that hinders such implementation, the head shall explain the reason to the Center Director.

 

Article 46 (Relationship with the Counseling Office)

(1) The Ombudspersons’ Office and the Counseling Office shall perform their duties independently but cooperate with or provide support to each other as necessary.

(2) The Head of the Counseling Office may refer a case being handled by the Counseling Office to the Ombudspersons’ Office with the approval of the Center Director, if he/she deems that it is appropriate for the Ombudspersons’ Office to handle the case.

(3) The Chief Ombudsperson may refer a case being handled by the Ombudspersons’ Office to the Counseling Office with the approval of the Center Director, if it is deemed appropriate for the Counseling Office to handle the case.

 

 

CHAPTER V EXCLUSION, RECUSAL, AND ABSTENTION

 

Article 47 (Exclusion)

A person shall be excluded from duties related to the handling of a case if they fall under any of the following circumstances:

1. A person who is a party to the case;
2. A person who is or was a family member or relative of a party to the case; or
3. A person who is or was involved in the case as a representative of a party.

 

Article 48 (Recusal)

(1) The party may request the recusal of a person handling the case if the person falls under any of the following subparagraphs:

1. Where the person is subject to any of the subparagraphs under Article 47; or
2. Where there are circumstances that raise doubts about the fairness of the investigation. .

(2) The Head of the Counseling Office or the Chief Ombudsperson shall decide on whether to accept the request under paragraph (1).

 

Article 49 (Abstention)

Where a person handling the case has grounds for recusal subject to Article 48, the person may abstain from handling the case with the approval of the Head of the Counseling Office or the Chief Ombudsperson.

 

 

CHAPTER VI DUTY OF CONFIDENTIALITY, ETC.

 

Article 50 (Confidentiality)

(1) Those who perform the duties of the Center shall prioritize the protection of the victim and shall not disclose or divulge materials that could reveal the identity of related persons in the case.

(2) Those who perform or performed the duties of the Center shall not divulge any confidential information that he/she learns or learned in the course of his/her duties.

 

Article 51 (Matters to be Observed by the Party)

The parties shall not divulge the details of the case and personal information (name, contact information, status, organization, etc.) of the parties or related persons without justifiable reason.

 

Article 52 (Non-disclosure of Records and Materials)

The records and materials related to the case shall not be disclosed. However, a party may request access to and copies of their own statements only.

 

 

CHAPTER VII SUPPLEMENTARY PROVISIONS

 

Article 53 (Detailed Operational Rules)

Specific matters regarding counseling, investigation, remedy, and any other operation of the Center may be separately determined by the Center Director through the resolution of the Steering Committee.

 

Article 54 (Related Department’s Obligation to Cooperate)

Any related department on campus shall cooperate with the Center in the performance of its functions.

 

 

 

 

Addendum <No. 02524, June 27, 2024>

 

Schedule 1

These Regulations shall take effect on the date of promulgation.

 

Schedule 2

These Regulations shall also apply to any case under investigation by the Center.