I. Background and Purpose of Research
▶ Legislative reform to resolve humanitarian issues between North and South as a national unification policy
○ The unification policy of the Yoon Seok-yeol government can be largely seen as three pillars: "pro...
I. Background and Purpose of Research
▶ Legislative reform to resolve humanitarian issues between North and South as a national unification policy
○ The unification policy of the Yoon Seok-yeol government can be largely seen as three pillars: "promoting North Korea's denuclearization," "normalizing inter-Korean relations, preparing for unification with the people," and "seeking to solve humanitarian problems between the two Koreas." Among them, the resolution of humanitarian problems can be seen as expanding the support system for so-called "first-come unification", such as not only improving the human rights of North Koreans but also establishing a stable society for North Korean defectors
▶ Legislative expenses tailored to the types and adaptation conditions of North Korean defectors
○ In addition to the change in the legislative demand of North Korean defectors, the characteristics of North Korean defectors have changed due to the dissolution of families due to the prolonged defection process, the increase in the age of North Korean defectors staying in Korea and the end of the settlement protection period due to the rapid decrease in the number of North Korean defectors, the increase in the entry of North Korean defectors born in a third country, the change in the motive of North Korea, etc., and the change of the support system and content of support is required according to the change of the system or value of our society, so it is necessary to propose a plan for improvement of the law
Ⅱ. Contents
▶ Legal status and diversification of North Korean defectors
○ Through the review of the legal status of North Korea and the study on the legal status of North Korean defectors based on this, the constitutional status as a Korean citizen is clear, and in particular, the recent rise is the legal status of North Korean children and adolescents born in third countries, and the legal basis for support for them is a problem
○ Categorization of North Korean defectors staying abroad, motive of defection, and support of the South Korean government in the process of defection; The situation requires a review of the original system
▶Strengthening support for the early settlement of North Korean defectors
○ In the process of a North Korean defector going through a third country, the procedural matters for the request for protection by the South Korean government are not set aside, and Article 4 of the North Korean Defector Act, as a basic principle, stipulates that humanitarian protection for persons subject to protection and diplomatic efforts for support and protection for North Korean defectors staying abroad are made, so it is necessary to review the provision of "humanitarian-based protection efforts obligations" for North Korean nationals
○ The rules on early settlement are in accordance with the current North Korean Refugees Act, but after the joint interrogation process, There is a need for maintenance due to insufficient regulations on hospital admission
○ The current North Korean Defectors Act requires a more sophisticated social adaptation policy because the policy content specialized in the early days of support is actually poor in discipline and it is common to have a uniform status as a resident of the local government after 5 years of early age
▶Contents and evaluation of support during residential protection period
○ Currently, the settlement support system under the North Korean Defectors Act provides social adaptation education, settlement payment, housing support, and employment support, and social security measures under the Social Security Act include livelihood benefits, medical protection, and special pensions, and educational support includes special admission, admission, and tuition support
○ The current North Korean Defectors Act states that policy content specialized in the early stages of support is actually poor and early. After 5 years, it is common to have a uniform status as a resident of a local government, so a more sophisticated social adaptation policy is required
▶ Children of a North Korean refugee born in a third country
○ Children born in a third country are excluded from settlement support because they are not North Korean defectors under the law, but the number of current youths is higher than that of North Korean defectors, requiring revision of the law
○ The provisions of Article 2, Paragraph 1 should be amended to ensure that children of defectors born in third countries are included as beneficiaries under the North Korean Defectors Act, in the same way as children born in North Korea. This amendment is necessary for them to receive full support.
▶ Settlement support system
○ Due to the low settlement amount, which is the core of the settlement support system, there is a continuous need for a promotion, and the system for asset formation is designed around the lower income class and needs to be improved according to strict subscription and maintenance requirements.
○ Currently, there are no specific provisions to support North Korean defector women in balancing work and childcare. Therefore, it is necessary to amend the law to expand the scope of protection and support for a larger number of female North Korean defectors by establishing a legal basis for such support. Additionally, it is essential to consider expanding the scope of the Childcare Act to prioritize care for children of North Korean defectors, and to explore measures such as providing additional points in employment and job legislation or introducing special provisions for calculating working hours.cases for calculating working hours
▶ Measures to Strengthen Cooperation Between Central and Local Governments in North Korean Defector Support Programs
○ The North Korean defector project has been carried out centrally as a unification affair, but with the revision of the North Korean Defector Act in 2021, the local government's responsibility regulations were newly established. However, there is a problem that the local government is given a role only on a mandatory basis, and the law requires revision so that the head of the local government can participate in the North Korean Refugees Countermeasures Council. In addition, it is necessary to prepare and support a standard plan for the local government's ordinance on supporting the settlement of North Korean defectors
▶ Strengthening the role of North Korean defectors in unification
○ To allow North Korean defectors to play a special role in preparing for unification, it is necessary to expand the scope of participation of North Korean defectors to the advisory committee under the Democratic Peace and Unification Act, to provide opportunities to serve as educational committee members under the Unification Education Act, and to expand them to graduate schools as targets of educational support, and it is also necessary to give a role in the community by reviewing the improvement of the terms of "North Korean defectors" under the law or actively participating in mentoring projects so as to resolve the negative image in society.
Ⅲ. Expected Effects
▶ Academic contribution
○ Proposing the policy discussion as the direction of legal and institutional improvement through investigation and analysis of legislation in conjunction with the unification policy with political science and legal research
▶ Academic contribution
○ As one of the measures to solve humanitarian problems between North and South as a unification policy, a specific institutionalization plan to strengthen settlement support for North Korean defectors is prepared
○ In strengthening settlement support for North Korean defectors and advancing related legislation to enhance the country's image as a human rights-oriented nation, it is essential to prioritize the collection of comprehensive data that can serve as a valuable resource for the legislative foundation.
○ Stabilizing the successful protection and settlement of North Korean defectors as part of the policy to strengthen human rights in North Korea by strengthening the protection and settlement support of North Korean defectors