Legislation related to Violence against Women in North Korea
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This article examines the legislation of the Democratic People’s Republic of Korea (DPRK) related to violence against women to identify the sufficiency of its protection according to international standards, as well as the adequacy of implementation. The DPRK criminalizes violence against women through national laws, including the Law on the Protection and Promotion of the Rights of Women adopted in 2010. However, domestic violence remains inadequately regulated, and a comprehensive definition of sexual violence including marital rape has not been introduced. This fundamentally derives from the customs of the DPRK’s patriarchal society where the notion of dominance of men over women prevails. Violence against women is a violation of human rights which has generally resulted from the inequality of power between the sexes. Based on recognition of the root causes, the DPRK needs to improve legislation for the protection and support of victims of violence against women.
Abstract
This article examines the legislation of the Democratic People’s Republic of Korea (DPRK) related to violence against women to identify the sufficiency of its protection according to international standards, as well as the adequacy of implementation. The DPRK criminalizes violence against women through national laws, including the Law on the Protection and Promotion of the Rights of Women adopted in 2010. However, domestic violence remains inadequately regulated, and a comprehensive definition of sexual violence including marital rape has not been introduced. This fundamentally derives from the customs of the DPRK’s patriarchal society where the notion of dominance of men over women prevails. Violence against women is a violation of human rights which has generally resulted from the inequality of power between the sexes. Based on recognition of the root causes, the DPRK needs to improve legislation for the protection and support of victims of violence against women.
참고문헌 (27)
- Chapman, Jane Roberts, "Violence against Women as a Violation of Human Rights", Social Justice, 17 (1990)
- Do, Kyung-ok, "White Paper on Human Rights in North Korea" (2017), KINU
- Do, Kyung-ok, "Human Rights Situation of Women and Children in North Korea" (2016), KINU
- Edwards, A., "Violence against Women under International Human Rights Law" (2006), Cambridge University Press
- Haggard S., "Gender in Transition: The Case of North Korea", World Development, 41 (2013)
- Holtmaat, Rikki, "Women’s Human Rights: CEDAW in International, Regional and National Law" (2013), Cambridge University Press
- 황의정, "북한의 여성관련 법제정을 통해 본 여성의 법적 지위의 변화 전망", 동북아법연구, 9(2), pp.1~31 (2015), 동북아법연구소
- 제성호, "북한여성 인권의 실태와 과제", 통일문제연구, 19(1), pp.177~206 (2007), 평화문제연구소
- 김경희, "김정은 집권 이후 북한의 국가가부장제의 재생산에 관한 연구", 아시아여성연구, 55(1), pp.131~164 (2016), 아시아여성연구원
- Kim, Sunwook, "A Study on the Status of North Korean Women – with Special Reference to the Legal Systems and Policies concerning North Korean Women" (1992), Korea Women's Development Institute
- Kim, Young-kyu, "Marketization and Human Rights in the DPRK" (2014), KINU
- Korean Bar Association, "2016 White Paper on Human Rights in North Korea" (2016), Korean Bar Association
- Lee, Mi-kyung, "The Issue of North Korean women by examining gender awareness of female defectors", 국제정치논총, 45(5), pp.154~178 (2005), 한국국제정치학회
- 이나영, "한국의 젠더폭력과 신자유주의 젠더질서: 담론과 실천의 재구성을 위한 시론", 가족과 문화, 26(4), pp.58~90 (2014), 한국가족학회[DOI]
- Merry, Sally Eagle, "Human Rights and Gender Violence : Translating International Law into Local Justice" (2006), University of Chicago Press
- Ministry of People’s Security, "Reference for Law Enforcement Personnel" (2009), Ministry of People’s Security Publication
- 박정원, "북한의 체제수호를 위한 규범통제 - 2007년 북한형법 부칙을 중심으로 -", 통일문제연구, 22(1), pp.225~259 (2010), 평화문제연구소
- 박경숙, "북한 사회의 국가, 가부장제, 여성의 관계에 대한 시론", 사회와 이론, (21), pp.328~376 (2012), 한국이론사회학회
- Rim, Ye Joon, "A Study on the Changing Trend of Human Rights Institutions and Situation in North Korea" (2016), Korea Institute for National Unification
- 심영희, "북한여성의 인권: 실태와 요인", 아시아여성연구, 45(2), pp.148~194 (2006), 아시아여성연구원
- Thomas, Dorothy Q., "Domestic Violence as a Human Rights Issue", Human Rights Quarterly, 15 (1993)
- United Nations, "Ending Violence Against Women : From Words to Action, Study of the Secretary-General" (2006), United Nations
- United Nations, "Handbook for Legislation on Violence Against Women" (2010), United Nations
- UNODC, "Handbook on Effective Police Response to Violence against Women" (2010), United Nations
- Yang, Jina, "Women’s Rights in the DPRK: Discrepancies Between International and Domestic Legal Instruments in Promoting Women’s Rights and the Reality Reflected by North Korean Defectors", Cornell International Law Journal, 51 (2019)
- Study on the Legislative Adjustment for the Integrative Operation of Protection and Support of Female Victims of Violence, "Yoon, Deuk-Kyoung", Korean Women’s Development Institute, ~ (2015)
- 윤상민, "형사법의 여성차별 극복", 중앙법학, 13(1), pp.87~124 (2011), 중앙법학회[DOI]
