The National Human Rights Commission of Korea recommends revisions to laws to alleviate electric power and water service shut-offs for low-income households.
The National Human Rights Commission of Korea (NHRCK) will submit a recommendation to the Minister of Health and Welfare, the Minister of Commerce, Industry and Energy, the Minister of Environment, the Minister of Construction and Transportation, and the heads of provincial and local governments to revise and implement applicable laws and regulations to uphold the right to survival for low-income households that are without electric power or water, due to an inability to pay bills.
The Commission has received numerous human rights violation complaints regarding electric power or water service terminations. The Commission investigated the situation in 2006 and consulted with the appropriate ministries and agencies to discuss plausible solutions for low-income households. These ministries and agencies include the Ministry of Commerce, Industry and Energy, the Ministry of Health and Welfare, the Ministry of Construction and Transportation, the Korea Electric Power Corporation and the Office of Waterworks of the Seoul Metropolitan Government.
Household electricity and water are indispensable for everyday life. The suspension of either, or both, not only causes inconvenience, but may also threaten the very survival of members of households that are unable to pay minimum charges. Furthermore, “near poor” residents that are not eligible for National Basic Livelihood Security benefits are held in a blind spot, with no recourse if their electricity or water services are terminated.
In Korea, electric power and water services are terminated for more than 100,000 households every year, threatening survival and violating the human rights of the residents. In some cases, fires have occurred as a direct result of electricity service termination; candles were used in place of electric power after power was cut off. In these cases, some socially vulnerable residents, such as persons with disabilities or juveniles, have died in the fires.
Electric power or water services to a household that fails to pay charges are routinely terminated without consideration of the circumstances of the poor and the “near poor.” This policy violates the basic rights of the sufferers guaranteed by the Constitution of the Republic of Korea, including the right to pursue happiness. It also stands against the purpose of the Energy Framework Act, which mandates the government to ensure energy for all citizens, and it also violates international standards.
Legislation in other countries—like France, the United Kingdom, the United States, and Australia—also implies that the government is responsible for the universal provision of services, to ensure that all citizens may use a minimum amount of power and water anytime, anywhere. Such countries include a grace period for suspending the supply of power and water to households of the socially disadvantaged and allow the suspension of power or water supply only as a final resort in receiving charges in arrears. An effective cooperation system among those involved in social welfare administration is in place to ensure the continued supply of electricity and water to the socially vulnerable.
Although each nation state has unique situations and circumstances, the Commission believes that the sustained supply of power and water in minimum amounts for basic livelihood should be ensured in Korea, at least for the impoverished. This is especially considering the dire reality of the poor and near poor in Korea, along with standard practices in advanced countries.
The Commission maintains that solutions must be devised, such as allocating portions of the social welfare budget to pay charges in arrears on behalf of the poor.
In addition, the Commission believes that those not officially recognized as poor are at risk of death due to suspension of electric power or water services. Thus, the Commission recommends that strict requirements and procedures be provided in applicable laws and regulations, to ensure that electric power or water services are discontinued only for bad-faith defaulters as a last resort, when there is no other legal recourse for collecting bills past due.
The National Human Rights Commission of Korea was established in 2001, offering investigation and remedy services for Korean citizens and foreigners residing in Korea against human rights violations and discrimination. The Commission provides policy recommendations and remedial action against human rights infringements, collaborates with international human rights organizations and implements educational programs to improve the human rights culture.
