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美國의 ‘北韓人權法’ 制定:意味 分析및 政治的 波長

The Unite State' Enactment of “the North Korean Human Rights Act” : Analysis and Assessment of Legal Meaning and Political Effect

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Abstract

The United States enacted “the North Korean Human Rights Act of 2004” (abbreviated as NKHRA hereafter) in October 18, 2004. This Act is essentially a means of so-called “Legislative Engagement Policy” practiced by the U.S. toward the DPRK in the field of human rights. NKHRA provides for protection and promotion of human rights in North Korea, personal or material support for the North Korean refugees or defectors and the like. This Act will contribute to improving and enhancing North Korean human rights situation and the North Korean refugees' livelihood condition abroad in the long run. NKHRA now poses new challenge and opportunity as well to South Korea. It's because NKHRA could escalate tension and instability on the Korean Peninsula or bring about sharp conflict between South Korea and the United States in pursuing North Korea policy. On the contrary, NKHRA could also afford strategical environment for South Korea to adopt new approach in pursuing North Korea policy. The improvement of human rights situation in North Korea and the democratization of the DPRK's political system are prerequisites necessary for peaceful unification of the two Koreas. In consideration of this point, South Korea should establish a new comprehensive framework for the promotion of human rights in North Korea and pursue North Korean human rights policy more actively in accordance with changed international environment.

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