NHRCK Recommends Humane Protocols for the Handling and Transfer of Disaster Victims’ Remains
– Opinion submitted to the Commissioner General of the Korean National Police Agency, recommending the development of a transfer protocol that respects the dignity of disaster victims and the pain experienced by bereaved families –
□ On June 18, 2025, the National Human Rights Commission of Korea (Chairperson Ahn Chang-ho, hereinafter “NHRCK”) expressed its opinion to the Commissioner General of the Korean National Police Agency, stating that it is advisable for the police to establish protocols for the humane transfer of disaster victims’ remains. These protocols should take into account the dignity of the deceased and the emotional pain and shock of bereaved families. NHRCK recommended that the police explain the condition of the body to the family and ensure that the remains are covered with a clean cloth or similar means, insofar as it does not result in secondary damage to the body.
□ The complainant, a bereaved family member of a victim of the Itaewon disaster, filed a complaint with NHRCK claiming that officers of the ○○○○ Metropolitan Police Agency and ○○○○ Police Station violated the rights of the deceased and their family by photographing the victim in an unclothed state during the postmortem and failing to properly handle the body, resulting in it being transferred while unclothed.
□ In response, the officers stated that, in accordance with Article 58 of the Rules on Criminal Investigations, it is necessary to remove clothing to conduct a full-body examination. They argued that the examination was conducted without causing damage or contamination and that the remains were treated respectfully by being fully wrapped in a body bag before being moved to the mortuary.
□ However, at its 24th Plenary Committee meeting held on December 23, 2024 (Presiding Commissioner: Standing Commissioner Nam Gyu-seon), NHRCK held that Article 10 of the Constitution of the Republic of Korea affirms the dignity and worth of every human being. This dignity extends beyond life and must be respected after death. The right to bodily integrity is central to personal dignity and must be upheld even posthumously.
□ NHRCK further emphasized that respectful transfer of the deceased is a critical factor for enabling bereaved families to confront the reality of their loss. In disaster situations involving mass fatalities, it is essential to uphold the dignity of both victims and their families, and to provide families with as much information as possible. The State has an obligation to protect, respect, and fulfill these rights.
□ NHRCK also cited the joint statement issued by the World Health Organization (WHO) and the International Committee of the Red Cross (ICRC) on September 15, 2023, in the context of large-scale disasters such as the Libya floods. The statement emphasized that “following identification, families should be given time to mourn, and the deceased should be treated with dignity,” affirming the importance of respectful handling of bodies in disaster settings.
□ Based on these considerations, NHRCK expressed the view that the dignity of victims and bereaved families must be upheld when managing the remains of disaster victims. The State should provide families with sufficient information, and is obligated to protect, respect, and fulfill these rights. Accordingly, NHRCK expressed its opinion that the Commissioner General of the Korean National Police Agency should establish humane protocols for the transfer of remains.
□ However, NHRCK dismissed or rejected other parts of the complaint—such as the exclusion of family members from the postmortem process, photographing the unclothed deceased, obstruction of family participation, transferring the unclothed body, and issues related to information disclosure—based on a comprehensive assessment of the need to preserve the body without interference.
