오토 웜비어 법을 통한 북한 불법 행위 피해자 구제 방안 - 피해자 중심의 관점에서 대한민국 법적 개선 방향 -

The establishment of a legal framework to provide effective compensation for individuals affected by North Korea’s illegal acts holds significant importance in the international community. The Otto Warmbier Act in the United States serves as a notable example, as it enables the seizure of North Korea’s illicit assets to directly compensate victims, thereby holding the regime legally accountable for its human rights violations. If a similar legal framework were introduced in South Korea, it would not only offer tangible relief to victims but also enhance the effectiveness of sanctions against North Korea. This paper explores legal measures to ensure that victims of North Korea’s illegal actions receive adequate compensation and support, emphasizing the necessity of international cooperation for implementation. Currently, South Korea’s legal system lacks clear procedures for freezing and seizing North Korean assets, and there are insufficient mechanisms to provide victims with actual compensation. To address these issues, the following measures are required: First, enactment of a Special Act on Compensation for North Korea’s Illegal Acts. The legal definition of North Korean assets must be expanded, and a clear legal basis for asset freezing and seizure should be established. This should include not only assets directly held by the North Korean government but also those managed or concealed through third countries. A compensation fund should also be created to ensure prompt and fair payments to victims using frozen and seized North Korean assets. Such measures would strengthen the legal foundation for effective victim compensation. Second, adoption of a victim-centered compensation mechanism through third-party subrogation. A compensation system should be established in which the government initially compensates victims and subsequently exercises the right of recourse against North Korea. This approach would enhance the enforcement of court rulings while also serving as an official means to hold North Korea accountable at the international level. Third, strengthening international cooperation to establish a legal response mechanism against North Korea’s illegal activities. As North Korea’s illegal actions pose international challenges, South Korea should work in collaboration with international institutions such as the International Court of Justice (ICJ) and the International Criminal Court (ICC) to hold North Korea legally accountable. Additionally, a legal and administrative framework should be developed to facilitate the freezing and enforcement of North Korean assets, ensuring coordinated implementation with the global community. The Otto Warmbier Act in the U.S. provides a legal basis for strengthening North Korea’s accountability and utilizing its illicit assets to compensate victims. However, South Korea’s current legal system is primarily structured around inter-Korean exchanges and cooperation, lacking mechanisms for compensating victims of North Korea’s wrongful acts. The Inter-Korean Exchange and Cooperation Act and the Inter-Korean Cooperation Fund Act focus on fostering economic and social collaboration, without provisions for victim compensation. Furthermore, even if lawsuits are filed against North Korea, the absence of legal and institutional mechanisms makes enforcement difficult, leaving victims without practical remedies. Therefore, South Korea must implement comprehensive legal measures, including the expansion of the legal definition of North Korean assets, the establishment of freezing and seizure procedures, the introduction of third-party subrogation, the creation of a compensation fund, and the enactment of a Special Act on Compensation for North Korea’s Illegal Acts. Furthermore, South Korea should work with the international community to strengthen sanctions and financial measures against North Korea, ensuring that victims’ legal rights are effectively protected. In conclusion, securing compensation and legal remedies for victims of North Korea’s illegal activities requires systematic improvements in South Korea’s legal framework. Through such legal mechanisms and international collaboration, South Korea can reinforce North Korea’s legal accountability and provide victims with tangible compensation, ultimately laying the foundation for a more effective response to North Korea’s wrongful actions.