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국가인권위원회 결정과 사법부 판결에 미친 영향 평가 / 김도현
원문 내용 공개(PDF 파일 등)는 민주법학 통권 제34호 발간 후에 이루어집니다.
민주법학 통권 제33호는 온라인서점 등에서 구입하실 수 있습니다.
민주법학 통권 제32호까지의 원문 내용은 본 자료실에서 확인하실 수 있습니다.
국가인권위원회, 사법부, 인권침해, 진정, 판례
Five-Year Appraisal of the National Human Rights Commission of Korea: The Impact on the Courts and Judicial Decisions
Professor, Dongguk University
While the National Human Rights Commission of Korea, established in November 2001, was busy in preparing to celebrate its fifth anniversary, I also was busy with collecting and analyzing relevant data, and appraising the fruits of the Commission during last five years, especially regarding to its impact on the Judiciary (including the Constitutional Court) and court decisions. This paper is the report of that appraisal.
First, according to the National Human Rights Commission Act of 2001, the Commission is authorized to present its recommendation and opinion with respect to the policies and practices related to human rights. As far as the Judiciary is the other side of presentation, however, the Commission has displayed a very passive role in exercising its own authority, amounting only three cases of policy recommendation during five years since its establishment. It almost has kept silence on the hot issue of judicial reform, which has been located at the center of debate in Korean civil society since a few years ago.
Secondly, the Commission is also authorized to present its opinion about legal cases as they are related to human rights, to the court where the cases are being tried. Total amount of this type of recommendation, however, was just two during last five years, all of which were against the Constitutional Court. It seems that the Commission is much more passive in opposition to the Judiciary in the narrow sense than to the Constitutional Court.
Thirdly, following the complaints raised by the citizens, the Commission has the power to investigate and recommend various remedial measures. Among total 223 complaints brought up to the Commission on the ground of infringement of human rights by the courts, however, only one case has been accepted, all the remnant cases being rejected or dismissed. It should be noted that the Commission has repeatedly refused to take any action on the ground that the complaint was inconsistent with judicial precedents.
To sum up, despite the Commission’s insufficient power and authority vested by the Act, its self-defined passive role against the Judiciary and the Constitutional Court seems to be a more serious problem so far. It would be worthwhile to watch the activity of the Commission and give constructive criticism continuously in the future.
The National Human Rights Commission of Korea, the Judiciary, infringement of human rights, complaints, judicial precedents