전후 납북피해자 지원입법의 과제와 전망

Abstract

The ROK government hopes to find a fundamental solution to the issues of South Korean POWs and abductees. But North Korean authority claims that it has not committed any abduction of South Korean citizens since the 1950-1953 Korean War. A solution of abduction issue to North Korea is one of main issues to resolve inter-Korean relationship. Our government enacted the law to assist and compensate for victims of kidnapped to North Korea(the person abducted to North Korea and that family) which is domestic and the support process according to the law is in the process of advancing. For the solution of abductions problem from the situation which is advanced the lawsuit which abductee's family proposes the legal preparation to confrontation plan is discussed, new some problem and issue are appearing from the process where the law is enforced. The purpose of this paper is to analyze on the issues to resolve support, compensation for abducted person to North Korea after the armistice treaty which ended the Korean War in 1953 focused on the current law. And it is to review on the legal approach to support program for abductee oneself and its family, the propriety of damage compensation to negligently of abductee protective duty of nation, and the issue of treatment of abducted person who return South Korea. In this paper, it is to research on the concept and type of abductee to North Korea, to think about the confrontation of legal issues that the current law include problems and subjects to resolve hereafter like South Korean POWs and abducted persons during the Korean War.