한국의 북한인권법에 관한 소고

1. This study is to examine the major contents and issues of North Korean Human Rights Act of Korea enacted in March 2016. This act addresses the inter-Korean talks regarding human rights, the establishment of human rights foundation and the center for human rights record in order to promote the right to freedom and the right to life of the North Korean people as the major issues. In particular, the promotion of the right to freedom of the North Korean people shall be achieved through the inter-Korean talks regarding human rights and that of the right to life though the humanitarian aid. First of all, the policy direction is deemed acceptable. In addition, while the establishment of human rights foundation and the launch of the center for human rights record are all right in themselves, there will also be ever-present operational problems. North Korean Human Rights Act of Korea, like that of the United States and Japan, would have more or less of problems in terms of its concreteness and effectiveness. It is of strong declarative elements. Especially, there is also criticism that it has been used for the stringent sanctions on North Korea. And it is also alleged to be a part of the strategy for the United States to tame North Korea. However, North Korean Human Rights Act of Korea, the United States, and Japan would not be enacted only for the political purposes. It also contains the provisions regarding the promoted human rights of North Korean, the humanitarian support, and the protection of refugees fleeing North Korea. This is deemed to be working in a greater or less degree. 2. Human rights are the universal value of mankind and the dignity and the value of human cannot be overemphasized. However, the promoted human rights of the other countries for the political purpose of interfering with the internal affairs of the one country would be blasphemous to the human rights, a universal value of mankind. Therefore, from this point of view, the North Korean Human Rights Act of Korea, the United States and Japan could be misleading in itself as it is about the human rights of the other country. That is, North Korean authorities may consider it as the intervention in domestic affairs as it applies to North Korean authorities as well as the residents of North Korea. The act which should be a stepping stone for the promoted human rights may be the obstacle to it with this perception pervaded. Therefore, a good strategy in its operation is required. 3. Although the North Korean Human Rights Act of Korea has been enacted after a long discussion of 10 years, it has a variety of issues. While the unguaranteed effectiveness could be redeemed by the enforcement ordinance, the urgent complementary measures are considered necessary to the provisions in which their effectiveness is in doubt , the internal deficit in the provisions, and the issue of enacting the act.