북향민의 삶의 질 향상을 위한 법적 고찰 -북향민의 국가보안법 저촉사례를 중심으로-

National Security Act of the Republic of Korea is a South Korean legislation established to address certain organizational threats against the South Korean government immediately after it gains independence from Japan with the dualistic position of North Korea as an anti-national organization as well as a counterpart for cooperation. A typical North Korean refugee in South Korea is well aware of North Korean people while, in most cases, she or he is a supporter of their families in North Korea. This duplicity often leads a refugee to violate the National Security Act; or be implicated in crimes related to the act. Most often, the ruling parties and governments of South Korea have been utilized the refugees as a political mean against any threats to the regime. Several law reforms, although they were aiming to deliver improved quality of life of refugees, faced clear limitations. Thus, a call for reforms to the National Security Act, which only labels the North Korean regime as an anti-governmental organization, is required to prevent continuing victimization of a native of North Korea. Therefore, this study investigates provisions from the National Security Act that are related to the cases of refugees; and aims to improve refugees’ quality of life through the assessment on the background of the enactment, specific details of the act, and current support activities performed by refugees. The study aims to end further political victimization of a native of North Korea based on their birthplace in the name of national security; and to provide a viewpoint to the fundamental civil right regardless of one’s birthplace both for Northern and Southern Koreans, and therefore see each other as equal citizens of South Korean society.