국제규범적인 접근을 통한 남북이산가족문제 해결방안 ― 국제인도법과 국제적십자위원회 활용을 기반으로 ―

This study addresses North and South Korea’s separated family reunion issues. The paper take a “normative approach” to resolving separated families’ reunion issue. The paper frames the separated family as a human rights issues rather than humanitarian issue. The updated definition and legal rights of separated families in both national and international legal context was examined. The duty and legitimate obligation of states and its breach of duty was discussed. Furthermore, lawful rights of the separated families based on international norms and treaty party obligation was discussed in particular compelling regulation of International Organizations, such as International Committee of the Red Cross(ICRC) was examined. Especially, paper argues for the Fourth Geneva convention(1949), Protocol I additional to the Geneva Conventions(1977) and Resolutions of the XXIVth international Conference of the Red Cross to confirm valid responsibilities and authorized jurisdiction of ICRC as well as other International Organizations in area of separated family. Moreover, practical remedy measurements, mainly UN human rights petitions and activity of ICRC Central Tracing Agency were introduced. Especially, via in-depth analysis of historic cases and introduction of the family tracing business of ICRC, the paper discussed challenge and necessity of officially activating arbitration and engagement from ICRC’s Central Tracing Agency for Korean situation. Furthermore, the paper calls for international cooperation in promoting the rights of Korean separated family by actively utilizing oversee Korean society, and utilizing domestic and foreign North Korea human rights NGOs and humanitarian assistance networks as well as private, religion channel, UN, and international human rights mechanism. Lastly, Governmental-academic-civil societies collaboration must be formed in order for effectively advocating for rights of separated families as international human rights issues of concern rather than a local Korean humanitarian issue.