Legislation and inter-agency consultations remain incomplete
'Neglecting forced repatriation directly threatens the right to life'
Two years after the government accepted the National Human Rights Commission of Korea's recommendations to prevent a repeat of the 2019 forced repatriation of North Korean defectors, the commission has not once checked whether those recommendations were actually carried out. The Ministry of Justice has also held no legal consultations with relevant agencies, and the Ministry of Unification has yet to complete the legislation it promised to codify procedures for confirming defectors' intent to seek asylum.
According to documents that People Power Party lawmaker Ahn Cheol-soo obtained from the National Human Rights Commission, the commission acknowledged the government's acceptance of its institutional reform recommendations on Oct. 14, 2024, but has since said it has "not confirmed any follow-up measures." The commission added that it would review whether to include the matter in future compliance checks.
Earlier, in August 2023, the commission had recommended that the Ministry of Unification, the National Intelligence Service and the National Security Office introduce institutional reforms to prevent the forced repatriation of North Korean defectors and protect their human rights. The Unification Ministry responded that it would draft legislation in 2024 to formally codify procedures for confirming defectors' intent to seek asylum or return. The commission treated that response, along with replies from other agencies, as acceptance of its recommendations — but never followed up to verify actual compliance.
No legal consultations between the Ministry of Justice and relevant agencies took place either. The ministry said that from 2023 through this year, it had received no requests for legal review and had held no consultations with other agencies on preventing the repatriation of North Korean residents against their will, or on guaranteeing legal assistance and judicial review during joint intelligence investigations.
The Unification Ministry said it revised its operational manual in July 2024 to require a final confirmation of whether North Korean residents wish to defect or return to the North, and that it has since participated in 10 government joint intelligence investigations. However, the ministry declined to provide details on the specific changes to the manual, saying it was not the agency responsible for that information.
Legislation also remains unfinished. According to the Unification Ministry, a proposed amendment to the North Korean Defectors Protection Act put out for public comment in 2022 lapsed when the National Assembly session expired. A related amendment bill introduced by lawmaker Kim Ki-woong is currently under review by the Assembly's Foreign Affairs and Unification Committee. Legislation has still not been completed, even after the Unification Ministry announced in 2024 that it would pursue formal codification of the relevant procedures.
Although the government accepted the reform recommendations and revised its manual, the commission's post-acceptance compliance review and the legislative codification of defector-intent confirmation procedures remain unfinished. Critics say the process should go beyond simply determining whether recommendations were accepted, and must also verify whether the measures are actually being implemented and whether they are effective in preventing recurrence.
"Two years have passed since the government accepted the recommendations, saying it would prevent human rights violations like forced repatriation — yet the human rights commission has not once confirmed any follow-up measures, and there have been no legal consultations with the Ministry of Justice," Ahn said. "We cannot treat the announcement of acceptance as if the recurrence-prevention measures were already complete."
Ahn added that "confirming the intent of North Korean residents to defect and preventing their forced repatriation is a matter directly tied to the right to life," and called on the government to clarify the responsibilities of relevant agencies and the legal protection procedures, while urging the commission to immediately review compliance with its recommendations and verify that the recurrence-prevention measures are actually functioning.
mp1256@heraldcorp.com
