탈북자(자발적 북한이탈자)의 인권보호와 국제인권법 (Human Rights Protection of North Korean Refugees and International Human Rights Law)

서지정보

· 발행기관 : 한국토지공법학회
· 수록지 정보 : 토지공법연구 / 40권 / 477 ~ 497페이지
· 저자명 : 장복희

초록

In summary of protection of North Korean refugees, the first asylum states grant ‘Convention refugee’ according to the 1951 UN Convention relating to the Status of Refugees(the Refugee Convention), but this case will not be available in fact.
On emphasis, system of complementary protection is useful based on other international human rights treaties and standards. Complementary protection is to grant the status of de facto refugee and rights to asylum seekers similar to those convention refugees enjoys. Specially, the International Covenant of Civil and Political Rights and
the Convention against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment are important complementary instruments to the Refugee Convention. As parties to general international human rights treaties, the first asylum states can give North Korean refugees ‘humanitarian status’, ‘humanitarian residence’ or ‘temporary protection’.
In other hands, they can acquire the status ‘Mandate refugee’ through the UN High Commissioner of Refugees(UNHCR). In this case, Korea government should do more positive diplomatic efforts. Besides, the third countries as well as Republic of Korea may admit them.
North Korean refugees are at least internationally ‘the subject of complementary protection’. The states that accomodate them should abide the principle of non-refoulement, at least give temporary protection to the persons who do not want come back to North Korea.
Finally, solution of North Korean refugees has the aim to human rights protection in the lights of international human rights norms, protection itself has to be the core through the whole course towards the permanent settlements.
‘Prevention, protection and solution’ triple strategics have to be considered at once containing public information, dissemination education and discipline of international human rights norms, enhancement of related domestic law system, permanent solutions, opinions making, supports to NGO activities and enforcing of UNHCR role.
These actions have the base on respect of article 14(right to seek asylum) proclaimed in Universal Declaration of Human Rights and begin to ensure dignity of human beings, life and security of person, freedom and equality.

영어초록

In summary of protection of North Korean refugees, the first asylum states grant ‘Convention refugee’ according to the 1951 UN Convention relating to the Status of Refugees(the Refugee Convention), but this case will not be available in fact.
On emphasis, system of complementary protection is useful based on other international human rights treaties and standards. Complementary protection is to grant the status of de facto refugee and rights to asylum seekers similar to those convention refugees enjoys. Specially, the International Covenant of Civil and Political Rights and
the Convention against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment are important complementary instruments to the Refugee Convention. As parties to general international human rights treaties, the first asylum states can give North Korean refugees ‘humanitarian status’, ‘humanitarian residence’ or ‘temporary protection’.
In other hands, they can acquire the status ‘Mandate refugee’ through the UN High Commissioner of Refugees(UNHCR). In this case, Korea government should do more positive diplomatic efforts. Besides, the third countries as well as Republic of Korea may admit them.
North Korean refugees are at least internationally ‘the subject of complementary protection’. The states that accomodate them should abide the principle of non-refoulement, at least give temporary protection to the persons who do not want come back to North Korea.
Finally, solution of North Korean refugees has the aim to human rights protection in the lights of international human rights norms, protection itself has to be the core through the whole course towards the permanent settlements.
‘Prevention, protection and solution’ triple strategics have to be considered at once containing public information, dissemination education and discipline of international human rights norms, enhancement of related domestic law system, permanent solutions, opinions making, supports to NGO activities and enforcing of UNHCR role.
These actions have the base on respect of article 14(right to seek asylum) proclaimed in Universal Declaration of Human Rights and begin to ensure dignity of human beings, life and security of person, freedom and equality.

참고자료

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