사법적 판단과 구별되는 국가인권위원회 결정의 독자성 고찰

As the structure and form of today’s society diversifies, the parties often choose non-judicial procedures rather than judicial procedures. The National Human Rights Commission is a non-judicial human rights organization that is guaranteed an independent status as a quasi-international and quasi-judicial institution established under the influence of international human rights norms. Some people are concerned that there is a risk of overlapping the investigation and judgment authority of the National Human Rights Commission with the judicial authority, such as Constitutional Court or general courts when dealing with the facts underlying the complaint. However, both institutions have distinct goals, such as the formation of a human rights-friendly order or legal judgment, and have differentiated status and judgment system to handle cases independently. In particular, the uniqueness of human rights violation judgment is most clearly revealed in terms of the method of judgment. In other words, the decision of the National Human Rights Commission has an independent meaning and role that is distinct from judicial judgment in that it serves to form a human rights-friendly order. Therefore, it is not appropriate for the National Human Rights Commission's judgment to be affected by the procedures of judicial institutions, nor is it appropriate to be subject to judicial review.