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A Study on the improvement Direction for the Current North Korean Human Rights Act

  • DONG-A LAW REVIEW
  • 2018, (79), pp.67-94
  • DOI : 10.31839/DALR.2018.05.79.67
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law
  • Received : April 25, 2018
  • Accepted : May 21, 2018
  • Published : May 31, 2018

Song, In-Ho 1

1한동대학교

Accredited

ABSTRACT

After the debate over the past 11 years, the North Korean Human Rights Act was enacted in 2016, but two years later, the North Korean Human Rights Foundation, a core organization, has not even been launched yet. In this paper, we tried to examine the improvement direction for the current North Korean Human Rights Act. First of all, North Korean Human Rights Act should be revised according to the concept of universal human rights and the constitutional spirit expressed in the Preamble and Articles 3 and 4 of the Constitution that protect the North Korean as the South Korean. From this point of view, the improvement of human rights in North Korea are not only the responsibility of the state but also the responsibility of local governments. The responsibility of local government should be stated in the North Korean Human Rights Act. In addition, Because Article 2 (2) of the North Korean Human Rights Act might be misunderstood as if efforts to improve human rights in North Korea might be contradicted to endeavor to establish peace on the Korean Peninsula should be deleted. In addition, Article 3 of the North Korean Human Rights Act should expand the definition of North Korean residents to include North Korean defectors. In order to minimize direct political influence and conflict, and to ensure neutrality and professionalism, it is necessary to revise the composition of the directors of the North Korean Human Rights Foundation, which is currently recommended by the same number of political party and qualifications need to be stated in the law. Since the purpose of the legislature is to prepare for the legal settlement of the transitional justice in the North Korean Human Rights, it is appropriate to have a leading investigative body under the Ministry of Justice at least for specific cases of human rights violations. Education for the general public, especially youth, on the situation of human rights in North Korea should be added to the work of the North Korean Human Rights Foundation in order to promote mutual understanding and integration between North and South Korean residents after reunification and not to repeat the history of North Korean human rights violations. In order for North Korea's human rights abuses to be repeated on the Korean Peninsula again, it is imperative to face and remember the human rights issue in North Korea. It should not be forgotten that this is the mission and responsibility of the Republic of Korea, which has maintained and developed the spirit of ‘Democracy’ and ‘Human dignity’ for the past 70 years.

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