Gepubliseer deur Korea Institute for National Unification (KINU) Uitgewer President, Korea Institute for National Unification.
Introduction
Objective and Scope of Study
The study analyzes the trends of changes in the North Korean human rights institution and its situation, with a focus on civil and political rights, which are at the core of the right to freedom, and the right to equality. This section assesses whether the following rights are exercised in North Korea: freedom of expression, right to hold public office, and right to vote. Although the study mainly covers the changes in the North Korean human rights institution and the situation since 1990, it also refers to historical cases when necessary.
However, in a 2014 report by the Association for the Study of Human Rights, North Korea reiterated its withdrawal from the ICCPR, indicating an inconsistent approach. 10 A Study on the Changing Trends of Human Rights Institutions and Conditions in North Korea .. human rights in the 1990s can be summarized as “Pragmatic Diplomacy of Transition and Duality of Human Rights Diplomacy”.3).
Method of Research
Civil Rights: Focus on Criminal Law
The changes in North Korea began with the complete revision of its Criminal Law in 1987 and the Criminal Procedure Law in 1992. In particular, the 1987 Criminal Law Revision introduced a regulation limiting analogical interpretation, and the 2004 Criminal Law Revision adopted the principle of “ without law there is no punishment', a fundamental function that guarantees human rights in modern criminal law. The 1992 revision of the Criminal Procedure Act showed positive changes in terms of institutions, for example by setting out principles for ensuring human rights and taking specific steps forward.
However, regulations in substantive portions of the law are still unclear or abstract, and are therefore at risk of misuse and abuse, depending on the law enforcement agency. In particular, in the process of operationalizing the criminal law, positive institutional changes have not been reflected in political crimes, and criminal law procedures are carried out with no respect for due process.
Perpetuating Factors
18 A study on the changing trends of the human rights institution and situation in North Korea .. as for the status of the operation of North Korean criminal law and criminal procedure, the fundamental factors can be found in the inadequate nature of the rule of law and the differences with the socialist rule of law. In the socialist legal order, criminal law is considered more important legal interests of the state and society, and the protection of the socialist system is emphasized before the protection of individual human rights. Therefore, there are limitations in revising parts of legal regulations without changing the nature and function of criminal law.
In fact, North Korea's criminal code is defined as "an aggregate of legal norms defining crimes and punishment adopted by the state with the aim of crushing anti-revolutionary criminals who oppose the realization of revolutionary achievements and overthrow the socialist system and rights workers and farmers in Joseon and deterring ordinary criminals who hinder the solid development of the socialist system.” 9. North Korea sees the criminal law as a means of protecting the sovereignty of the state and the socialist system, and. The report prepared by the UN Human Rights Council in the Second UPR states that North Korea's legal system is subordinate to the state , and judges, prosecutors, lawyers and juries are part of the state machinery and thus lack the independence of the judiciary and guarantees for the accused.
Civil Rights: A Focus on Criminal Law 21 independent of it and is also used as a means to realize the political ideology of the leadership in a party. Rather, it refers to an independence in terms of organizational structure in a court, not a guaranteed independence of the judge. Thus, it cannot be described as independent in the true sense of the word.
Third, in the application of North Korea's criminal justice system, chronic corruption by those in the legal profession is another factor that hinders the development of functions that ensure human rights. These factors hinder equal application and realization of human rights in the operation of North Korea's legal system. Such a situation hinders the equal application of the administration of the justice system, regardless of developments in North Korea's criminal justice system.
Factors for Change
Political Rights: Focus on Electoral System
A review of North Korea's electoral system over the past 70 years shows that there have been some changes and developments in North Korea's political rights and institutions. In the next section, we will discuss in more detail why North Korea's system and election situation have not changed significantly. The North Korean constitution and election laws consistently stipulate the principles of universal, equal, direct and secret elections.
Therefore, North Korea's electoral system has changed in ways that are closer to elections in democratic states. However, expansions in the institutional aspect of the right to vote and the establishment of democratic election principles have not led to democratic elections in North Korea. Second, the fact that political parties other than the Workers' Party are unable to carry out activities is a major factor hindering North Korea's electoral system.
Political Rights: Focusing on the Electoral System 33 Furthermore, North Korea propagates that the multi-party system causes fierce competition for power, racial and ethnic disputes.17). Therefore, efforts should be made to closely monitor even the smallest institutional changes in North Korea. According to other evidence, there have been people who have expressed criticism of North Korean leaders.
Therefore, special attention should be paid to signs that North Korea is voluntarily forming its own civil society. In addition to efforts to bring about changes in the North Korean system, it is necessary to seek measures to bring about changes in public consciousness. Political rights: focus on electoral system In North Korea, 37 women's rights, children's rights and political prison camps have been discovered.
Rights of Gender Equality
After 2010, around the time of the emergence of third-generation rule under Kim Jong-un, North Korea established policies on women's rights. In addition, there is a need for regime stability and the hereditary rule of three generations from Kim Il-sung to Kim Jong-il to Kim Jong-un. The same factors are at work in the Kim Jong-un regime after the death of Kim Jong-il.
Kim Il-sung and Kim Jong-il's people, and Kim Il-sung-Kim Jong-il-ism. Under the banner of Kim Jong-il Patriotism, North Korean women in the Kim Jong-un era should look up to revolutionary mothers like Kim Jong-suk and Kang Ban-suk and their families as role models. In particular, the Kim Jong-il Patriotism is an ideology widely propagated in society and among women by the Women's Union.
Therefore, the patriotism based on the Juche ideology and the first military ideology is designated as Kim Jong-il Patriotism. Similar to how Kim Jong-il idolized Kim Il-Sung to gain legitimacy for his rule as suryong, Kim Jong-un is using Kim Jong-il Patriotism to idolize Kim Jong-il in order to strengthen legitimacy his. 20) "Let's Understand Kim Jong-il's Patriotism to Build a Strong Motherland," Rodong Sinmun, July 26, 2012 (unofficial English title).
The numerous slogans and moral codes designed under the power's control and role-based ideology demonstrate the gender perception projected by the Kim Jong-un regime's policies on women. Especially since the 2000s, Kim Jong-il had carried out efforts to achieve regime survival and legitimacy by promoting the banner of building a strong state in the international community. Moreover, since the 2010s, Kim Jong-un has made efforts to reconstruct North Korea as a normal state (the so-called construction of a civilized state), one on par with other states in the international community.
Conclusion
North Korea has resolutely rejected the international community's call to improve human rights while showing a "dual response". This research identifies north korea's human rights institution and changes in the situation based primarily on civil and political rights and. It is not easy to find direct and consistent drivers of change in North Korea's criminal law.
It can be assumed that the international community that raised questions about North Korea's human rights contributed to highlighting "humanitarian" issues and their inclusion in laws, at least as a formality. However, there are still limitations to radically changing North Korea's criminal law due to the diverse socialist legislative system itself and the weak rule of law and lack of judicial independence in the system. In this regard, it can be said that from the outside, the electoral system of North Korea has developed in a form similar to the electoral system in a democratic system.
But North Korea continued to communicate with the international community under the UN human rights regime. Thus, in efforts to strengthen the regime, North Korea may change its electoral system and situations in ways that externally demonstrate human rights improvements. Therefore, it is essential to have a sustained interest in changes to North Korea's electoral system and situations.
In Section IV, changes to North Korea's equal rights system and situation are discussed, mainly focusing on discrimination against women and their social treatment and status. In the 2010s, when the third generation of hereditary succession to Kim Jong-un began, North Korea's women's and human rights policies were revised, but. In the 2000s, due to progress in North Korea's market and information development, North Korean women experienced.
