「국가인권위원회법」의 개정방향에 관한 연구

NHRC(National Human Rights Commission of Korea) holds the administrative authority caused by retention of national administrative function. For all that, operational actuality related to system of regime on NHRC is passive, devoted to politics, or overweighted with legal criteria despite of human rights’ peculiarity actualized by attribute of independence circulated in the national human rights structure yet. As the confrontation against these realities, this article stresses on significance of human rights preservation and gropes for the clues to legislating 「Fundamental Act on Human Rights」. Nevertheless denunciation on the legal nature of NHRC exists scholarly, it is important to bring it to mind that NHRC was founded as separated organization because the relief from infringement of human rights and discrimination devastated by government. Therefore, such organizational legislative debate on reinforcement of NHRC with independence must be the formula to justify expansion and elevation of human rights intrinsically through fundamental rule linked to individual legal normativeness on human rights safeguard with enacting 「Fundamental Act on Human Rights」 for connecting functional inquiry directly with formational outcome. Consequently, it is still necessary for concretizing organizational formation to settle NHRC as constitutional institution from the angle of statute reservation doctrine.