북한이탈주민의 인권보호를 위한 신변보호제도 개선방안

Abstract

This study was conducted to seek improvement of the personal protection system in order to ensure human rights of North Korean defectors and to ensure smooth work of the police. Under the current ‘North Korean Refugees Protection and Settlement Support Act’, the personal protection system may run counter to the principle of prohibition of general delegated legislation, and ambiguity of the legal basis and purpose of the security system is also raised as a problem. As a result, concerns about the violation of human rights of North Korean refugees and problems arising from the heavy workload of their personal protection officer. Therefore, the study suggested that the enactment of the tentatively named 'North Korean Refugees Protection Act' should reduce the possibility of infringement of human rights and give legitimacy to police administrative actions. Specifically, it should clearly define the purpose of the personal protection system that conforms to the stable social settlement of North Korean refugees and disaggregate the scope of the law and the target of protection. Also, the Act should include matters such as stipulating the education system to relieve the burden of personal protection officers and to foster experts, and guaranteeing the right to request review by those who are protected. Above all, it will be necessary to define the responsibilities of local governments as the management institutions of the general protection target through the transformation of the managing body of the personal protection system. Based on these findings, the study suggested improvement of the personal protection system for North Korean refugees in the future.