해외파견 북한 노동자 인권 침해와 개선방안: 국제인권규약 위반을 중심으로

Abstract

North Korean workers sent abroad are working in very harsh conditions, which is even called 'North Korea outside of North Korea'. This is because there are various types of human rights infringement. Such human rights violations from which North Korean workers have suffered abroad are classified into the followings: ① infringement on the right to freedom of occupational choice and right to equality, ② infringement on the right to know and freedom of information regarding the labor they provide, ③ infringement on the freedom of residence and movement, ④ imposition of heavy labor and violation of the right to rest, ⑤ exploitation of wages and violation of the right to property, ⑥ infringement on the right to personal liberty, right to privacy, and inviolability of correspondence, ⑦ violation of the freedom of thought and conscience, ⑧ violation of the freedom of expression and right to hold opinion without interference, ⑨ infringement on the right to food, clothing, and health, ⑩ infringement on the right to freedom from forced labor, ⑪ infringement on the freedom from arbitrary detention and punishment. In short, they are treated as ‘contemporary slaves’ in that a kind of ‘slave labour’ is enforced upon them. It is very significant to legally evaluate such human rights violations in light of the two International Covenants on Human Rights of 1966. It is because the result of analyses and evaluations can be an important basic material when reviewed by ‘Human Rights Committee’ and ‘Committee on Economic, Social, and Cultural Rights', which deals with human rights violations under the International Covenant on Civil and Political Rights (ICCPR) and International Covenant on Economic, Social, and Cultural Rights (ICESCR) respectively. Additionally, the legal findings can be utilized in the process of the 'Universal Periodic Review (UPR) on North Korean human rights', which is conducted under the authority of UN Human Rights Council (UNHRC) every four and a half years. Furthermore, it can provide a right policy direction to the international community for improving human rights situation facing North Korean overseas workers. Now the international community should pay sincere attention to human rights of North Korean workers sent abroad, publicize those issues, and seek for substantial options to resolve the matter.