국가인권위원회 결정이 국가기관에 미친 영향 평가 / 이호중

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[국문주제어]

국가인권위원회, 인권, 진정, 형사사법, 과잉금지원칙

Effects and Limits of

Policy Recommendations of NHRCK

― focused on the effects to the criminal justice system ―

Lee, Ho-Joong

Professor, Hankuk University of Foreign Studies

On the 5th anniversary of the National Human Rights Commission of Korea(NHRCK), this article analyses the major policy recommendations declared by NHRCK during the 5 years in the realm of criminal justice and human rights. It is successfully agreed that the NHRCK has much done to improve the human rights standards, especially in the human rights issues raised in the context of criminal justice.

Recommendations such as ‘Abolition of National Security Act’, ‘Abolition of death penalty’ are leading epoch-making reforms in our society. And on the issues in prisoners’ human rights and criminal defendants’ rights, the NHRCK has carried great achievements, such as leading the reform of the discipline and punishment system in prisons, prohibition of chains as restraints and so on.

However, there revealed some problems and limits, notwithstanding the NHRCK’s great efforts and achievements towards promoting human rights standards.

Firstly, the NHRCK’s recommendations have failed to consider the particular context of human rights in the independently functioning spheres. Secondly, in many cases the policy recommendations are so vague that they cannot lead the substantial reform of human rights issues. Thirdly, the arguments presented by the NHRCK tend to resemble the courts’ formal-legal ones. It is not desirable, because formal-legal arguments have the potential danger to limit the NHRCK’s eyes to the narrow legal issues, which may lose the substantial aspects of human rights issues.

Conclusion: It is important that the NHRCK should be distinguished from the courts at the point that the role of the NHRCK is to maximize the human rights standards in our life by raising human rights issues into the democratic discourse of civil society, not into the courtroom.

[Key Words]

National Human Rights Commission of Korea(NHRCK), human right, complaint, criminal justice