이명박 정부하의 국가인권위원회, 위기인가 기회인가?

Article 1 of the National Human Rights Commission Act defines the purpose of the Commission is to ensure that inviolable, fundamental human rights of all individuals are protected and the standards of human rights are improved. Unlike other governmental agencies, the National Human Rights Commission of Korea (NHRCK) has developed its uniqueness not as a “neutral” agency but as a “partial” agency to the victims of human rights violation and discrimination and this uniqueness can be said as the justification of its existence. In order to assure this uniqueness, the first thing to be secured is its independence. The NHRCK cannot play a needed role and does not stand for the oppressed and discriminated unless it stands independently from other powers. Under the Lee Myung-Bak Government, however, the NHRCK is confronted with many challenges such as the President's trial to make the NHRCK one of many presidential committees, the revision of the Office Regulation for the personnel cut of the NHRCK forced by the Ministry of Public Administration and Security, the appointment of an inexperienced chairperson, and successive retirement of competent staff members. The crisis of the NHRCK is not an unexpected situation. The basis of the NHRCK has not been strong enough to protect its own uniqueness and independence against the pressure of a human-rights-perspective-absent government. The aim of this paper is to provide an overview and an analysis of the challenges that NHRCK has run into from its establishment. The author argues that there is an urgent need to establish an efficient and stable system which is free from political powers through examining every aspect of the NHRCK including management system.