북한이탈주민의 국가보안법위반 사례 연구 - 언론보도와 판례를 중심으로 -

This study analyzed the cases of North Korean defectors’ violations of the National Security Act of South Korea, focusing on the press reports and precedents. As a result, it was confirmed that a South Korean court convicted a North Korean defector of a crime committed in North Korea in the ‘the North Korean defector family abduction case.’ Through the ‘Seoul City Official Spy Case,’ it was confirmed that there were criminal laws and human rights violations during the investigation of North Korean defectors by the National Intelligence Service. Therefore it was confirmed that the National Intelligence Service’s investigation process on North Korean defectors has been improved to substantially guarantee human rights, through means such as shortening the investigation period and the human rights protection officer system. In addition, we confirmed cases of North Korean authorities’ threat to North Korean defectors, through ‘the case of an attempt to assassinate a representative of a North Korean defector group.’ we confirmed cases of maladaptation of North Korean defectors in South Korea, through ‘the case of re-entry attempts by North Korean defectors.’ In conclusion it was confirmed that the existence of North Korean defectors is exposed to numerous cases of violation of the National Security Act of South Korea in ‘the Division System.’ Finally in order to reduce the possibility of abuse, the National Security Act of South Korea must be strictly applied through human rights procedures, on the basis of understanding the specificity of North Korean defectors.