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우리정부

북한인권법(영문)

1. Progress

  o Both the ruling and opposition parties proposed an integrated bill on North Korean human rights and referred both bills to the Foreign Affairs and Unification Committee (2014).
    * Opposition-party lawmaker Shim Jae-kwon and ruling-party lawmaker Kim Young-woo sponsored "a bill for the promotion of human rights in North Korea" in April 2014 and "a North Korean human rights bill" in November 2014, respectively.

  o The bills proposed by the ruling and opposition parties were introduced to the Foreign Affairs and Unification Committee (November 24, 2014), a public hearing was conducted (December 19, 2014) and meetings of a legislation subcommittee under the Foreign Affairs and Unification Committee were held (December 3, 2014, January 6, 2015, and February 11, 2015).

  o The Foreign Affairs and Unification Committee's executive secretaries from the ruling and opposition parties reached a compromise through discussions, except on some major issues, and reported the results to the leaderships of both parties in August 2015.

  o The ruling-party and opposition-party leaderships discussed and reached an agreement on major issues concerning the North Korean Human Rights Act between December 2015 and February 2016.

  o The legislation subcommittee of the Foreign Affairs and Unification Committee approved the bill and the Judiciary Committee passed it at the plenary session on February 26, 2016.

2. Significance of the Enactment of the North Korean Human Rights Act

 □ The Act is the first law to comprehensively prescribe the human rights improvement of the North Korean people.

  o The Act serves as a first step to improve the grave human rights situation of the North Korean people and enhance their quality of life.

  o Through this Act, South Korea joins the efforts to realize the universal values of all humanity, dubbed human rights, and delivers a message of hope and the expectation of a happy unification for the North Korean people.

 □ The Act contributes to protecting and promoting the human rights of the North Korean people directly and indirectly by establishing “the Center for Investigation & Documentation on Human Rights in North Korea” (provisional name) and “the Foundation for Human Rights in North Korea” (provisional name).

  o South Korea can warn the North Korean authorities by systematically recording and preserving the North's crimes against humanity and prevent additional human rights violations.

  o South Korea is able to provide support for various projects to improve human rights that can substantially help the North Korean people through public-private cooperation by establishing “the Foundation for Human Rights in North Korea.”

 □ Through the Act, South Korea is able to carry out systematic and balanced human rights policies toward North Korea based on national consensus.

  o It is possible to implement balanced North Korean human rights policies through including a variety of experts in each field and class recommended by the National Assembly in the process of carrying out the policies.

  o The Act lays the institutional foundation to draw up and carry out consistent and systematic North Korean human rights policies in the mid-and long-term through the Basic Plan for the Promotion of Human Rights in North Korea.

3. Main Contents of the North Korean Human Rights Act

  o The government shall establish the Basic Plan for the Promotion of Human Rights in North Korea every three years and its Implementation Plan every year and report them to the National Assembly in order to protect and promote the human rights of the North Korean people.

  o The government shall create the Advisory Committee for the Promotion of Human Rights in North Korea under the Ministry of Unification to offer policy advice on human rights improvement in the North.

  o The government shall appoint an ambassador-at-large on North Korean human rights under the Ministry of Foreign Affairs to cooperate with international organizations and groups and foreign governments and enhance the international community's interest in promoting human rights in North Korea.

  o The government shall set up “the Foundation for Human Rights in North Korea” to conduct research and surveys concerning North Korean human rights and humanitarian aid, develop policies, and support civic and social organizations.

  o The government shall establish “the Center for Investigation & Documentation on Human Rights in North Korea” under the Ministry of Unification to collect, record and study information about North Korean human rights and transfer the findings to the Ministry of Justice every three months.
    * The government shall set up an organization in charge of preserving and managing the data under the Ministry of Justice.

4. Explanation of Major Provisions

 □ Basic Principle and State's Obligation [Article 2]

  o The Act defines the state's duty to make efforts to improve the North Korean peoples' rights to pursue dignity, value, and happiness as human beings and promote their human rights in every area of life.

  o The state shall strive to develop inter-Korean relations and establish peace on the Korean Peninsula as well as promote human rights in North Korea.

 □ Advisory Committee for the Promotion of Human Rights in North Korea [Article 5]

  o The government shall set up the Advisory Committee for the Promotion of Human Rights in North Korea under the Ministry of Unification to offer policy advice regarding human rights improvement in the North and the Committee shall be composed of an equal number of members recommended by the ruling and opposition parties.

  o The government shall secure fairness and balance in human rights policies toward North Korea by gathering various opinions from our society by including persons recommended by the ruling and opposition parties.

 □ Basic Plan and Its Implementation Plan [Article 6]

  o The government shall carry out systematic North Korean human rights policies in the mid-and long-term through the provision that the government shall draw up and implement the Basic Plan for the Promotion of Human Rights in North Korea every three years.

  o In addition to the Basic Plan, the government shall establish its Implementation Plan for each year and report both to the National Assembly, allowing checks from the legislature.

 □ Inter-Korean Dialogue on Human Rights [Article 7]

  o The Act stresses the joint efforts of South and North Korea through a provision that requires both sides to hold an inter-Korean dialogue session on major human rights issues concerning the promotion of human rights in North Korea.

 □ Humanitarian Aid [Article 8]

  o The Act specifies such standards as: △Complying with the international standards for humanitarian aid, △Guaranteeing transparency, and △Supporting the underprivileged first, thereby guaranteeing transparency in accordance with international standards in the process of providing humanitarian aid to the North. 

  o The Act first prescribes the standards for humanitarian aid toward North Korea.

 □ International Cooperation to Promote Human Rights in North Korea [Article 9]

  o The Act stipulates that the government shall appoint an ambassador-at -large on North Korean human rights under the Ministry of Foreign Affairs to enhance the interest of the international community through cooperation with international organizations and groups and foreign governments.

  o The Act specifies that the government shall join the international community's efforts to improve human rights in North Korea and seek to establish an organic cooperation system with the international community.

 □ Foundation for Human Rights in North Korea.  [Article 10-12]

  o The Act requires the government to establish “the Foundation for Human Rights in North Korea” to conduct research and studies, develop policies, propose opinions to the government, and support relevant civic and social organizations regarding North Korean human rights and humanitarian aid.

  o The government shall carry out various projects to improve the human rights of the North Korean people through public-private cooperation by setting up “the Foundation for Human Rights in North Korea” and create the framework to fund these activities.

 □ Center for Investigation & Documentation on Human Rights in North Korea [Article 13]

  o The government shall establish “the Center for Investigation & Documentation on Human Rights in North Korea” under the Ministry of Unification to systematically collect and record information about the human rights conditions in the North and human rights improvements, and transfer the collected data to the Ministry of Justice every three months.

  o The effect of protecting the human rights of the North Korean people directly and indirectly is expected through establishing “the Center for Investigation & Documentation on Human Rights in North Korea” and recording and preserving all the cases of human rights violations against North Korean people.

 □ Report to the National Assembly, etc. [Article 15]

  o In addition to the Basic Plan for the Promotion of Human Rights in North Korea, the Minister of Unification shall report to the National Assembly the followings: △The North Korean human rights situation, △The results of the efforts to improve human rights in the North and any improvements, and △The progress in the repatriation of Korean War POWs and abductees and the reunion of separated families.

  o The Act prepares the means for the National Assembly to more actively participate in the government's North Korean human rights policies, thus checking the government.