The United Nations and international community condemned, sanctioned and made recommendations to North Korea for its serious violations of human rights. In particular, the UN Human Rights Council and General Assembly considered and passed resolutions on human rights since 2003. North Korea, ignoring the UN resolutions, revolted and blamed the UN for intervening in its domestic affairs. Having formed the Commission of Inquiry (COI) on North Korean Human Rights in 2013, the UN released the COI report after conducting the testimony of North Korean refugees and investigations. The COI report made recommendations that North Korean leadership be referred to the International Criminal Court on charge of crime against humanity and the issue be dealt with by the Security Council. Following the report, North Korea responded actively, vindicating its position by the participation of the foreign minister in the UN General Assembly and submitting national reports required by human rights treaties. The U.S. and Japan took measures to enact domestic laws to help support to improve upon North Korean human rights situation and resolve the issue of abduction of its own nationals. The ROK, after big political wrangling, enacted the act in 2016. More efforts and attention have been required of the government to establish the Foundation to conduct policy research and other relevant work and to achieve its effectiveness. Looking at North Korean human rights laws of these countries, the laws shall not be applied to the territory of North Korea directly, and therefore the issue of direct ex-territorial application of domestic laws is not raised. In this regard, the domestic laws have inherent limitation in their ex-territorial application to foreign countries.
목차
Abstract Ⅰ. Introductory II. Discussion and Resolutions in the UN on Human Rights in North Korea 1. Role of the UN on Human Rights 2. North Korean Human Rights Issue and the UN Response III. Legislation on North Korean Human Rights in the U.S. and Japan 1. North Korean Human Rights Act of the U.S. 2. North Korean Human Rights Act of Japan 3. Efforts in Other Countries IV. The North Korean Human Rights Act in the ROK and its Effectiveness 1. Background to the Legislation 2. Main Features of the Act and the Issue of Effectiveness 3. Tasks and Suggestion V. Conclusion [References]
키워드
Human RightsResolutionCrime Against HumanityUN Human Rights CouncilNorth Korean Human Rights ActTreaty
저자
Lee, Whie jin [ Researcher and Lecturer/ Ph.D. Dongguk University ]
동국대학교 비교법문화연구원 [The Institute of Comparative Law and Legal Culture]
설립연도
2000
분야
사회과학>법학
소개
본 연구소에서는 세계 각국의 새로운 법률제도를 그때그때 입수하여 이를 소개하고 한국 실정에 접목가능성을 연구·분석한다. 아울러 본 연구소는 국내의 각종 학술단체, 연구소, 연구기관과의 교류를 증진함은 물론 외국대학의 연구소와 공동연구를 통해 외국의 법문화와 학풍을 소개함으로써 대외적인 학풍선양에도 기여하게 함을 목적으로 한다.