반국가보안법운동 국제화의 성과와 과제 / 정경수

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.

[국문주제어]

국가보안법, 국가보고절차, 개인통보절차, 반박보고서 시민적․정치적권리위원회, 민주사회를 위한 변호사모임

Internationalization of Human Rights Campaign against the National Security Law: It’s Accomplishments and Further Tasks

Jung, Kyung Soo

Professor, Chonnam National University

Since 1990, the Republic of Korea has acceded to a series of human rights treaties. Korea’s laws and practices have been under the watch of these treaties’ bodies pursuant to the international procedures set forth in these treaties. These procedures have become the focus of public attention, especially from Korea’s NGOs. The NGOs reported to these treaty bodies, claiming that serious human rights violations are brought about in Korea by the National Security Law which stands lawful under Korea legal system. They disclosed human rights abuses caused by the Law through counter-reports to the treaty bodies. Through individual communication procedure, human rights lawyers brought complaints before the bodies for individuals who suffered human rights violations as a result of the application of the Law.

In response to these contentions, the Government of Korea asserted that the Law was essential for the national security and public order of Korea, and laid great emphasis on the Law as a safeguard for the country’s democratic system which is under the constant threat of North Korea. Also, the government argued that the Law was being strictly applied by Korea’s national courts. After examining the reports of the Korean government and the communications against it, treaties bodies observed that the Law was being abused to establish special rules of detention and interrogation, and substantive liability that are incompatible with various articles of the human rights treaties. Especially, the Human Rights Committee recommended the Korean government to phase out the Law and to promptly amend Article 7 of the Law to make it compatible with the International Covenant on Civil and Political Rights. Additionally, the Committee found that the individual communications lodged before it constitute violations of the Covenant by the Korean government.

The international campaign against the National Security Law by Korea’s NGOs bore fruitful results in that the Law has come to be recognized as incompatible with the international human rights norms. Now, the task of Korea’s NGOs is to utilize these international recommendations and findings of treaty bodies on the domestic level as an impetus for a stronger internal initiative against the Law. Firstly, they could be invoked as one of the basis and rationales for the argument that the Law is in violation of the Constitution of the Republic of Korea. Secondly, they could be presented to the national courts of Korea as the international human rights standard that they are to consider and abide by. Lastly, they could serve as an important momentum justifying the campaign against the Law.

[Key Words]

National Security Law, State Reporting Procedures, Individual Communication Procedures, Counter-Report, Human Rights Committee, Lawyers for a Democratic Society