Article 1(Purpose) #
The purpose of this Act is to contribute to the protection and improvement of human rights of North Koreans by pursuing the right to liberty and right to life prescribed in the Universal Declaration of Human Rights and other international conventions on human rights.
Article 2(Basic Principles and Obligations of the State) #
(1) The State shall affirm that North Koreans have dignity and worth as human beings and the right to pursue happiness, and shall endeavor to protect and promote the human rights of North Koreans (hereinafter referred to as "improvement of human rights in North Korea").
(2) In addition to efforts to improve human rights in North Korea, the State shall also endeavor to establish peace on the Korean Peninsula.
(3) The State shall prepare sustainable and stable finances necessary to improve human rights in North Korea.
Article 3(Definition) #
The term "North Koreans" in this Act means persons who have their domicile, lineal ascendants and descendants, spouse, workplace, and other bases of living north of the Military Demarcation Line (MDL).
Article 4(Relationship with Other Acts) #
Except as otherwise expressly provided for in the Inter-Korean Exchange and Cooperation Act, the Inter-Korean Cooperation Fund Act, and the Development of Inter-Korean Relations Act, efforts to improve human rights in North Korea shall be governed by this Act.
Article 5(North Korean Human Rights Advisory Committee) #
(1) In order to provide advice on policies related to the improvement of human rights in North Korea, there is hereby established a North Korean Human Rights Advisory Committee (hereinafter referred to as the "Committee") in the Ministry of Unification.
(2) The Committee shall be comprised of not more than ten members recommended by the National Assembly, including chairperson; and the chairperson shall be elected by and from among its members. When the National Assembly recommends Committee members, the negotiating body of the political party to which the President currently belongs or formerly belonged and, the other negotiating bodies, shall recommend one half of the members, respectively, and the Minister of Unification shall commission such members.
(3) Matters necessary for the composition, operation, etc. of the Committee shall be prescribed by Presidential Decree.
Article 6(Master Plans and Action Plans to Improve Human Rights in North Korea) #
(1) Every three years, the Minister of Unification shall formulate a master plan to improve human rights in North Korea including the following matters (hereinafter referred to as "master plan") after obtaining advice from the Committee and consultation with the heads of relevant central administrative agencies:
1. Investigation into the status of human rights in North Korea;
2. Plans for protecting and promoting human rights in North Korea, including inter-Korean human rights dialogue and humanitarian assistance;
3. Other matters prescribed by Presidential Decree relating to the protection and improvement of human rights in North Korea.
(2) Each year, the Minister of Unification shall formulate an action plan to improve human rights in North Korea (hereinafter referred to as "action plan") based on the relevant master plan, after obtaining advice from the Committee.
(3) Upon formulating a master plan or an action plan, the Minister of Unification shall report it to the National Assembly without delay.
Article 7(Promotion of Inter-Korean Dialogue on Human Rights) #
(1) The Government shall promote inter-Korean human rights dialogue on important matters for the improvement of human rights in North Korea.
(2) Article 15 of the Development of Inter-Korean Relations Act shall apply mutatis mutandis to the matters necessary to appoint the representatives for inter-Korean dialogue on human rights.
(3) Other matters necessary to promote inter-Korean dialogue on human rights shall be prescribed by Presidential Decree.
Article 8(Humanitarian Assistance) #
(1) In providing North Korean authorities or agencies with any humanitarian assistance for North Koreans to promote human rights in North Korea, the State shall endeavor to ensure that the following matters are complied with: <Amended on Jan. 16, 2024>
1. Assistance shall be delivered transparently in accordance with internationally recognized delivery standards;
2. Assistance shall be provided preferentially for vulnerable social groups, such as pregnant women, infants and persons with disabilities.
(2) The State shall endeavor to ensure that the subparagraphs of paragraph (1) are also complied with in delivery of humanitarian assistance by private and non-governmental organizations, etc.
Article 9(International Cooperation for Improvement of Human Rights in North Korea) #
(1) The State shall cooperate with international organizations, international bodies, foreign governments, etc. in implementing human exchanges and the exchange of information, etc. for the improvement of human rights in North Korea; and shall also endeavor to raise the international community’s awareness on the improvement of human rights in North Korea.
(2) In order to facilitate international cooperation for the improvement of human rights in North Korea under paragraph (1), an Ambassador for North Korean Human Rights Issues may be appointed within the Ministry of Foreign Affairs (hereinafter referred to as "Ambassador for North Korean Human Rights Issues.")
(3) Necessary matters relating to the duties, qualifications, etc. of the Ambassador for North Korean Human Rights Issues shall be prescribed by Presidential Decree.
Article 10(Establishment of North Korean Human Rights Foundation) #
(1) In order to investigate the actual status of human rights in North Korea and to engage in research, policy development, etc. related to the improvement of human rights in North Korea, including inter-Korean dialogue on human rights and humanitarian assistance, the Government shall establish a North Korean Human Rights Foundation (hereinafter referred to as the "Foundation").
(2) The Foundation shall be a corporation and duly formed upon completion of registration for its incorporation at the seat of its principal office.
(3) The Foundation shall perform the following functions, and may have separate organs assigned to perform the following functions:
1. Each of the following, for the improvement of human rights in North Korea, including inter-Korean dialogue on human rights:
(a) Investigation and research into the status of human rights in North Korea;
(b) Development of alternative policies and provision of recommendations to the Government for inter-Korean human rights dialogue, etc.;
(c) Other functions deliberated on by the Committee and designated by the Minister of Unification;
(d) Provision of assistance to civil groups necessary to implement any program described in items (a) through (c).
2. Each of the following, for the improvement of human rights in North Korea, including humanitarian assistance:
(a) Investigation and research into demand for humanitarian assistance in North Korea;
(b) Development of alternative policies and provision of recommendations to the Government for humanitarian assistance to North Korea;
(c) Other functions deliberated on by the Committee and designated by the Minister of Unification;
(d) Provision of assistance to civil groups necessary to implement any program described in items (a) through (c).
(4) Other matters necessary to establish the Foundation shall be prescribed by Presidential Decree.
Article 11(Operation of Foundation) #
(1) The Foundation shall be operated with the following finances:
1. Contributions from the Government;
2. Other revenues.
(2) Notwithstanding the main sentence of Article 5 (2) of the Act on Collection and Use of Donations, the Foundation may receive money and other valuables donated voluntarily, upon approval from the Minister of Unification, to the extent consistent with its purposes of use.
(3) The Minister of Unification shall guide and supervise the Foundation.
(4) If necessary to achieve the objectives of the Foundation, the Minister of Unification may request the heads of relevant agencies to dispatch public officials under their authority to the Foundation.
(5) Except as otherwise expressly provided for in this Act, the provisions on incorporated foundations in the Civil Act shall apply mutatis mutandis to the Foundation.
(6) Other necessary matters relating to the operation, guidance, supervision, procedures for receiving donations, etc. shall be prescribed by Presidential Decree.
Article 12(Composition of Board of Foundation) #
(1) The Foundation shall have not more than 12 directors, including one chief director, and among whom two persons shall be recommended by the Minister of Unification, the remainder by the National Assembly; when the National Assembly recommends directors, the negotiating body of the political party to which the President currently belongs or formerly belonged, and the other negotiating bodies, shall recommend one half of the members, respectively, and the Minister of Unification shall appoint such directors.
(2) Executive officers, other than the chief director and full-time directors prescribed by the articles of association, shall be non-standing.
(3) The chief director shall be elected by and from among directors, and the term of office of the chief director and directors shall be three years, which may be renewed only once: Provided, That the term of office of ex officio directors shall coincide with the term during which he/she holds his/her official position.
(4) Other matters necessary for composition and management, etc. of the board of the Foundation shall be prescribed by Presidential Decree.
Article 13(Center for North Korean Human Rights Records) #
(1) In order to collect and record information on the status of North Korean human rights and information for the improvement of human rights in North Korea, there is hereby established a Center for North Korean Human Rights Records (hereinafter referred to as the "Center") in the Ministry of Unification.
(2) The Center shall perform the following functions, and shall be assigned to collect, research, preserve, publish, or otherwise deal with various kinds of materials and information:
1. Investigation and research into human rights in North Korea;
2. Functions relating to the Korean War prisoners detained in North Korea, abductees in North Korea, and separated families;
3. Other functions deliberated on by the Committee and acknowledged by the Minister of Unification as necessary.
(3) Any of the functions prescribed in the subparagraphs of paragraph (2) may be outsourced to outside institutions. In such cases, subsidies may be granted to cover necessary expenses, within budgetary limits.
(4) The Center shall have one head, appointed or commissioned by the Minister of Unification, from among public officials belonging to the Senior Civil Service Corps or persons with profound knowledge and experience in the human rights issues of North Korea.
(5) Materials collected and recorded by the Center shall be transferred to the Ministry of Justice every three months, and the Ministry of Justice shall establish an organ assigned to preserve and manage the materials related to records on North Koran human rights.
(6) Other matters necessary for the composition, operation, etc. of the Center shall be prescribed by Presidential Decree.
Article 14(Cooperation of Relevant Agencies, etc.) #
(1) The Minister of Unification may request other administrative agencies, public organizations, and relevant persons to submit materials, state opinions, or provide cooperation for other matters necessary for policy implementation.
(2) The head of the administrative agency, public organization, or relevant person in receipt of a request under paragraph (1), shall comply with such request, except in extenuating circumstances.
(3) The head of any relevant central administrative agency or local government who intends to enact or amend any statute, municipal ordinance, etc. that provides for affairs prescribed in this Act, shall pre-notify the Minister of Unification thereof.
Article 15(Reports to National Assembly) #
(1) Each year, in addition to a master plan and an action plan, the Minister of Unification shall report the following matters, on the improvement of human rights in North Korea, to the National Assembly, prior to the opening of its regular session:
1. Status of human rights in North Korea;
2. Results and progress of improving human rights in North Korea;
3. Status of formulation and implementation of plans for repatriation of Korean War prisoners detained in North Korea and abductees in North Korea, reunion of separated families, etc.;
4. Results of projects implemented respectively by the State, local governments, and public institutions in connection with the affairs prescribed in subparagraphs 1 through 3, and the assessment thereof;
5. Other matters acknowledged by the Minister of Unification as necessary to improve human rights in Korea.
(2) If necessary, the National Assembly may recommend that the Government correct or improve any report made under paragraph (1).
Article 16(Deeming of Public Officials in Application of Penal Provisions) #
Executive officers and employees of the Foundation shall be deemed public officials for the purposes of the penal provisions of Articles 127 and 129 through 132 of the Criminal Act, in connection with their duties performed under this Act.
Article 17(Penal Provisions) #
A person in receipt of any subsidy under this Act by fraudulent or other illegal means, shall be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won.