북한인권문제에 대한 법적대응

Abstract

South Korean civilian abducting has been perpetrated by North Korea during the Korean War. From armistice agreement to current period, North Korea has been detaining and not returning South Korean civilians who were domestic and foreign residents with forceful means and infringe on North Korean human rights by establishing the political prison camps in order to strengthening hereditary system and dictatorship. Not judged by enacted and promulgated law, act and legislation based upon the constitution but implement and interpretate in accordance with Kim Il-Sung’s instruction which stand above the constitution in the purpose of serving the Juche(self-reliance) ideology. North Korea do not detain people at the political prison camp in accordance with criminal trial after the application of criminal law. North Korea is denying the principle of nulla poena sine lene and not applying due process and Rule of law in reality. Key Words ┃ abductees during the Korean War, abductees after the Korean War, the political prison camps, denying the principle of nulla poena sine lene, anti-national organization, The International Court of Justice, The International Criminal Court, North Korean Human Rights Act, North Korea Human Rights Violation Information Center Even ‘Agreement regarding reconciliation, non-aggression and exchange cooperation between South and North Korea’ has been signed and came into effect, South Korea sees North Korea as anti-national organization by the national security law. Upon these violation of human rights, I have reviewed the possibility of relieving South Korean citizens and defectors through criminal liability and liability for damages from domestic law as the hypothetical theory and researched the possibility of relief by suing from The International Court of Justice or The International Criminal Court based on the international law. It is inevitable to enact North Korean Human Rights Act in order to improve current human rights status in North Korea or prepare for concrete legal action and needs to activate North Korea Human Rights Violation Information Center that is operated by the National Human Rights Commission.