국가인권위원회 진정절차에서 진정원인사실과 인권침해수론(人權侵害數論)에 관한 소고

Abstract

This paper aims to strengthen the theory of individual complaints of the National Human Rights Commission(NHRC). With more than 20 years of experience, the individual complaint has been established as an important process to ensure individual human rights. However, the process of investigating and adjudicating complaints still needs to be improved. Among them, identifying the facts causing the complaint is the starting point of the complaint process. But there is no solid theory for this. This paper aims to address this situation and propose a theory for specifying the object of investigation. To do so, I focus on a deeper understanding of the facts causing the complaint and the counting theory of human rights violations. What is a fact causing the complaint? Under what principles are the facts causing the complaint organized into one or several human rights violations to be investigated? Under what principles should the object of investigation be described and adjudicated in the decision? This paper will expose the problems with these questions and propose solutions for improvement. It is hoped that this paper will provide a theoretical foundation for the NHRC’s investigative remedy work, which has been ambiguous or lacking in unified principles.