인권정책기본법에 나타난 국가인권위원회의 법적 지위의 문제점

Abstract

The Framework Act on Human Rights Policy proposed by the National Human Rights Commission and the Ministry of Justice has passed the State Council and is in the deliberation stage of the Standing Committee. Although the National Human Rights Commission of Korea is not a central administrative agency, it is an act that goes beyond the legal status of the National Human Rights Commission of Korea to actually play a leading role in making laws. Although the National Human Rights Commission of Korea is an independent committee and is not a central administrative agency in a government organization,* Professor of Law School Chungnam National University acting as a central administrative agency violates the principle of separation of powers. It is a violation of international law to act as the central administrative agency of the state on its own, even though the National Human Rights Commission, established by the international Paris Principles, should control and audit the executive branch. According to the international Paris Principles, the National Human Rights Commission of Korea is an institution that provides advice and opinions, and cannot be an administrative agency that issues administrative dispositions. The National Human Rights Commission of Korea advocated abortion, advocated homosexuality and same-sex marriage, and expressed opinions that violated the autonomy of Christian universities. Recently, the National Human Rights Commission of Korea is also intervening in legislative activities, such as directly proposing the Equality Act, which has the potential to be unconstitutional or illegal, infringing upon freedom of religion and expression. The National Human Rights Commission Act itself also prohibits discrimination based on sexual orientation, which is criticized for violating international human rights law. If the National Human Rights Commission of Korea is involved in establishing human rights policies and educating human rights in schools, it violates the constitutional system and conflicts with international human rights law. he Framework Act on Human Rights Policy was created out of the wrong philosophy that the National Human Rights Commission of Korea takes the lead in the national human rights policy, and therefore contains legislative problems. The government should withdraw the Framework Act on Human Rights Policy, which has many problems, and the National Human Rights Commission of Korea should strive to restore its original status in line with the Paris Principles.