This study examines the gap between South Korea's formal human rights
commitments and the actual implementation of effective access to remedy,
following the United Nations Guiding Principles on Business and Human Rights
(UNGPs). It uses the case of Yu-mi Hwang, a Samsung semiconductor worker who
suffered from acute myelocytic leukemia, as a case study. The research analyzes
the state's duty to protect and the corporate responsibility to respect human rights.
The main aim is to assess whether the remedy mechanisms the South Korean
government has implemented, both judicial and non-judicial, align with the
standards outlined in the UNGPs, particularly Principle 25. The research method
employed is normative analysis, with data collection through secondary materials
including international human rights instruments, national legislation, court
decisions, and institutional reports. The findings show that although South Korea
has introduced several frameworks aimed at strengthening business and human
rights governance, such as the National Action Plan on Business and Human Rights
and the Industrial Accident Compensation Insurance Act, notable obstacles remain.
These include the difficulty of proving occupational disease claims, the dominant
influence of chaebols on regulatory enforcement, and the limitations inherent in
soft law instruments. The study concludes that, although some progress has been
made, current mechanisms still fall short of providing a remedy system that is
prompt, adequate, and effective in protecting victims of business-related human
rights violations. Further institutional strengthening and enhanced state oversight
are crucial to achieving the effectiveness standards established by the UNGPs.