Regulation on the Operation of the
Human Rights Center

 

Enacted on 02/23/2018, Regulation No. 176

Amended on 09/26/2019, Regulation No. 220

Amended on 07/17/2023, Regulation No.344

 

Chapter1 General Provisions

 

Article 1 (Purpose)

①   The purpose of this regulation is to prescribe matters necessary for the organization, operation, etc. of the Human Rights Center of the Ulsan Institute of Science and Technology (hereinafter referred to as “UNIST”). <Amended on 07/17/2023>

②   (Purpose of Establishment) The Center relieves various discrimination and human rights violations and handles sexual harassment and sexual violence cases to protect the basic human rights of members of UNIST and contribute to the realization of dignity and values as human beings. <Newly established on 07/17/2023> [Moved from Article 2]

 

Article 2 (Definitions)

①  The term "human rights" means the human dignity and worth, liberty and rights guaranteed by the Constitution of the Republic of Korea and recognized by international human rights treaties that the Republic of Korea signs and ratifies and by international customary laws.

②  The term “victim” means a person who has suffered a violation of human rights.

③  The term “perpetrator” means a person who has infringed on human rights.

④  The term “reporter” means a person who has reported an infringement of human rights, etc.

⑤  The term “the subject of the report” means a person considered a perpetrator by a reporter.

⑥  The term “the party concerned” means the victim, the perpetrator, the reporter, and the subject of the report.

⑦  The term “relevant department” means departments related to the work of the center including departments the party concerned belongs to.

⑧  The term “School personnel” means all teachers, researchers, and employees in UNIST.

⑨  The term “testifier” means a person who is subject to investigation for dealing with the corresponding case since he or she has information on the reporter and the subject of the report including the witness.

⑩  The term "members” mean persons who are subject to articles of association, school regulations, and rules of UNIST.

[The previous Article 2 was moved to Paragraph 2 of Article 1 on 07/17/2023]

 

Chapter 2 Organization and Function

 

Article 3 (Head of the Center) ① Head of the Center shall be appointed by the President. (Amended on 09/26/2019)

  ② Head of the Center shall be appointed for a term of two years and can serve consecutive terms. (Amended on 09/26/2019)

  ③ Head of the Center shall represent the Center and exercise overall control over the affairs of the Center.

Article 4 (Composition) ① The Center shall have a grievance counselor in charge of counseling, investigation, etc., on sexual harassment, sexual violence, and human rights violations.

  ② The Center shall have administrative staff to support the Center's activities and handle its affairs.

Article 5 (Organization) ① The Center shall have a Human Rights Counseling Office and an Administrative Office.

  ② Each department shall perform the following work:

  1. Human Rights Counseling Office: Counseling, investigation, relief of victims and prevention of sexual harassment, sexual violence, and human rights violations, and grievance petitions

  2. Administrative Office: Supporting the activities of the Human Rights Counseling Center, and affairs such as security, general affairs, accounting, etc. of the Center

Article 6 (Function) The Center shall perform the following work:

 1. Counseling, receipt of reports, and resolution of cases of sexual harassment and sexual violence

 2. Counseling, receipt of reports, and resolution of cases of various discriminations and human rights violations

3. Other work related to sexual harassment/sexual violation preventive education programs, and institutions and policy work related to human rights.

 

Chapter 3 Human Rights Committee

 

Article 7 (Human Rights Committee Organization) ① Head of the Center may organize a Human Rights Committee (hereinafter referred to as the "Committee") to handle cases of human rights violations.

  ② The Committee may consist of not more than 10 persons, including the Chairperson. However, the Chairperson may appoint additional committee members depending on the case.  

  ③ The Vice President for Academic Affairs shall be the Chairperson. The head of the Center, the Dean of Budget and Planning, the Dean of General Administration, and the Dean of Academic Affairs shall be ex officio members. (Amended on 09/26/2019)

  ④ If necessary, the Chairperson may bring in some external experts or school personnel as recommended members.

  ⑤ The term of office of an ex officio member shall be the period during which the member holds office, and the other members shall serve one-year terms but can serve consecutive terms.

  ⑥ The Committee shall have one assistant administrator, and they shall perform the following duties:

  1. Overall affairs related to the subparagraphs of Article 8

  2. Preparation and storage of other documents

  ⑦ The Chairperson shall deal with cases within 90 days after the commencement of the investigation. (Amended on 09/26/2019)

Article 8 (Function of the Committee) The Committee shall deliberate on and resolve the following matters: <Amended on 07/17/2023>

  1. Investigation and handling of human rights violations;

  2. Request for disciplinary action against persons reported for human rights violations;

  3. Other procedures and measures necessary for the appropriate resolution of the case

4. Matters needed for institutions and policies related to human rights

 

Article 9 (Exclusion) ① A member shall be excluded from the execution of their duties in any of the following cases:

  1. When the member becomes a party concerned or a proxy in a human rights violation case;

  2. When the member is a relative or a person who has or had a relationship with the party concerned;

  3. When the member is a professor, staff member, or student of the same undergraduate/graduate(department) or researcher or office department to which the person reported belongs

  ② Where the Chairperson is excluded on grounds for exclusion, one of the members shall be chosen to be Chairperson.

Article 10 (Recusal) ① In any of the following cases, a party concerned may apply in writing to seek the member’s recusal:

  1. When falling under any of the following subparagraphs of the preceding Article;

  2. When there is a concern of unfair performance of duties;

  3. When a professor, staff member, or student belongs to the same undergraduate (department) or researcher or office department as the party concerned

  ② A member who has received an application seeking their recusal shall not participate in the recusal decision and may submit a statement of grounds if they deem that there is no reasonable reason to accept the application for recusal.

  ③ The Committee shall review the application for recusal and the statement of grounds and decide within seven days.

  ④ If the Committee recognizes the recusal, the relevant member shall be withdrawn from the performance of their duties.

  ⑤ A report under paragraph (1) shall be made in accordance with the attached Form #1.

Article 11 (Meeting) ① A resolution shall be passed with the attendance of a majority of the incumbent members and the consent of a majority of the attending members.

  ② The meeting shall be closed to the public.

③   The meeting shall be audio- or video-recorded. However, recorded or videotaped contents shall be immediately discarded after the case is closed. <Amended on 07/17/2023>

④   If there is a valid reason, the chairperson may convene the committee in writing or as a non-face-to-face meeting. <Newly established on 07/17/2023>

 

Chapter 4 Handling of Reported Cases

 

Article 12 (Reporting) ① The victim or the victim’s representative shall complete the report form and submit it to the Center to report a case.

  ② A report under paragraph (1) shall be made in accordance with the attached Form #2.

  ③ Upon receipt of a report, the Center shall immediately take necessary measures.

  ④ A report shall be filed within two years from the date that the violation of human rights, sexual harassment, and/or sexual violence occurred. (Amended on 09/26/2019)

Article 13 (Dismissal of Report) ① The head of the Center shall dismiss a report in any of the following cases:

  1. When it is clear that the victim does not want to be investigated in a case reported by a non-victim;

  2. Where it is inappropriate to proceed with other procedures;

  3. Where it is deemed that the content of the report is not true;

  4. Where the content of the report do not fall under sexual harassment, sexual violence, or violation of human rights;

  5. Where it is recognized that no separate relief measure is necessary because the damage has already been recovered;

  ② When the head of the Center dismisses a report, they shall notify the person who reported the case of the results and reasons thereof in writing without delay.

Article 14 (Arbitration) ① Upon receipt of a report, the Center shall refer the case to the Committee for investigation and deliberation. However, if the victim does not want it referred to the Committee but wants the matter settled by arbitration, the Center can arbitrate.

  ② The Center may request the person who reported the case and the accused to prepare a statement for investigation and deliberation on the case.

  ③ A statement under paragraph (2) shall be made in accordance with the attached Form #3.

  ④ If the Center arbitrates, it shall arbitrate to derive conditions that can be agreed upon by both the victim and the accused, referring to the extent of damage and the victim’s demands, and guide and supervise whether the accused faithfully fulfills the conditions.

  ⑤ If an agreement is reached between the parties through the Center’s arbitration, the victim and the person who reported the case cannot report the same case again.

Article 15 (Referral to the Committee) ① If arbitration is not successful, the head of the Center may request the Committee to handle the case and refer it to the Committee. However, this shall be an exception where the victim and the person who reported the case do not wish it referred to the Committee.

  ② Depending on the case, the head of the Center shall convene a human rights committee or a deliberation committee on sexual harassment and/or sexual violence grievances.

  ③ Sexual harassment and sexual violence cases shall follow the “Guidelines on the prevention and treatment of sexual harassment/sexual violation”

Article 16 (Guarantee of Procedural Rights) The Committee shall guarantee the parties concerned equal opportunity to st