영문목차
Foreword=i
Introduction to authors=iii
Glossary of acronyms=vi
Chapter One Introduction=1
1.1. Significance of publication=2
1.2. Principles of survey and writing=3
1.3. Overview of North Korean human rights situation=4
Main contents and problems in North Korean human rights laws=4
Right to life=5
Torture and other cruel, inhuman or degrading treatment or punishment=6
Freedom of religion and belief=7
Arbitrary detention=8
Freedom of opinion and expression=8
Issues of coercive and involuntary disappearance=8
Discrimination and human rights of socially vulnerable groups=9
Right to food=11
Human rights in detention facilities such as political prison camps (kwanliso) and ordinary prison camps (kyohwaso)=12
Exploitation of labour inside and outside North Korea=12
Restrictions on freedom of movement=14
Reality of human rights of North Korean defectors abroad=14
Human rights problems arising from relations between North and South Korea=15
Chapter Two North Korea's Human Rights Policy=17
2.1. North Korean government's perception of human rights=18
Theoretical basis of human rights concept of North Korea=19
HUMAN RIGHTS CONCEPT OF NORTH KOREA AS A SOCIALIST STATE=19
CULTURAL RELATIVISM AND NORTH KOREAN HUMAN RIGHTS=24
NORTH KOREAN HUMAN RIGHTS UNDER THE MONOLITHIC GUIDANCE SYSTEM=26
2.2. North Korea's enforcement of international norms on human rights and its human rights laws=30
North Korea's enforcement of international norms on human rights=30
Human rights laws in North Korea=33
2.3. Reality and changes in North Korea's human rights policy=36
Reality and changes in civil and political rights=36
Reality and changes in economic, social and cultural rights=42
2.4 Conclusion and recommendation=43
Chapter Three North Korean Human Rights Laws and their Application=47
3.1. Main contents and problems in North Korean human rights laws=48
North Korean legal system's characteristics and perception of law=48
North Korea's legislative changes to justify socialist system and succession of Kim Jong-un=49
RULES OF WORKERS' PARTY OF KOREA=49
TEN PRINCIPLES IN ESTABLISHING PARTY'S MONOLITHIC IDEOLOGICAL SYSTEM=50
CONSTITUTION=51
EVALUATION=52
Reinforcement of laws related to social control over residents=52
OVERVIEW=52
SUBSTANTIVE CRIMINAL LAW=53
CODE OF CRIMINAL PROCEDURE=56
ADMINISTRATIVE PENALTY ACT=58
PEOPLE'S ADMINISTRATION LAW=60
HOUSING ACT=61
OTHER LAWS=61
Improvement of human rights laws for socially vulnerable groups=62
OVERVIEW=62
SOCIAL SECURITY LAW=62
SIGNING UP TO THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES=63
PROBLEMS=64
3.2. North Korea's application of its criminal laws=66
Introduction=66
OVERVIEW OF SURVEY ON HUMAN RIGHTS IN NORTH KOREA=66
SOURCES OF NORTH KOREA'S CRIMINAL LAWS=66
NORTH KOREA'S APPLICATION OF ITS CRIMINAL LAWS=67
Investigation procedures=68
ARREST AND CUSTODIAL INVESTIGATION=68
RIGHT TO ATTORNEY DURING INVESTIGATION=70
UNFAIR, COERCIVE AND HARSH TREATMENT TO OBTAIN A CONFESSION DURING INVESTIGATION=70
Reality of pre-trial procedures=70
ARREST AND DETENTION IN PRE-TRIAL PROCEDURES=71
RIGHT TO ATTORNEY IN PRE-TRIAL PROCEDURES=71
Malfeasance such as bribery and confiscation during investigation=71
Trial procedures=72
JUDICIAL ORGANS=72
PUBLIC TRIALS=72
TRIAL HEARINGS=73
DURATION OF TRIAL HEARINGS=73
ATTORNEY'S ASSISTANCE DURING TRIALS=73
EXAMINATION OF OFFENCE=74
APPEALS AND RETRIALS=74
LOCAL PUBLIC TRIALS=74
Application of provisions on execution of sentences=75
CAPITAL PUNISHMENT AND PUBLIC EXECUTION=75
REFORM THROUGH LABOUR=75
SHORT-TERM LABOUR=75
SOCIAL EDUCATION MEASURES=76
PARDON SYSTEM=76
Conclusion=76
Chapter Four Types of Human Rights Violations in North Korea=79
4.1. Right to life=80
Severe violations of right to life in North Korea=80
Provisions regarding capital punishment=80
Public execution=80
Violation of right to life in detention facilities=84
VIOLATION OF RIGHT TO LIFE IN ORDINARY PRISON CAMPS=84
VIOLATION OF RIGHT TO LIFE IN POLITICAL PRISON CAMPS=85
Other violations of right to life=85
Conclusion=86
4.2. Torture and other cruel, inhuman or degrading treatment or punishment=87
Introduction=87
Investigation of human rights violations and cases=89
Procedure of relief and medical treatment=95
Conclusion=97
4.3. Freedom of religion and belief=98
Status of religion=99
Level of awareness and activity of North Koreans regarding religion=103
Pseudo-religious activities=106
Cases of religious suppression=113
4.4. Arbitrary detention=117
Introduction=117
Reality of arrest and detention=117
INVESTIGATION STEP=117
PRE-TRIAL STAGE=121
OTHER REALITY=125
Conclusion=126
4.5. Freedom of opinion and expression=127
Introduction=127
Concept and range of freedom of expression perceived by North Koreans=128
Limits on and punishment for political offenders, anti-state expression, production and sale of pornography, and artistic activity=129
Regarding existing survey items=131
Conclusion=132
4.6. Issues of coercive and involuntary disappearance=133
Introduction=133
Specific cases of violation=134
Conclusion=137
4.7. Discrimination and human rights of socially vulnerable groups=138
Human rights of women=138
DIGNITY OF NORTH KOREAN WOMEN=138
STATUS OF NORTH KOREAN WOMEN IN SOCIETY=141
NORTH KOREAN WOMEN'S STATUS WITHIN FAMILIES=143
SEXUAL ASSAULT=145
AGGRAVATED HEALTH=146
Human rights of children=146
REGULATION RELATED TO RIGHTS OF CHILDREN IN NORTH KOREA=146
RIGHT TO FOOD AND HEALTH=148
RIGHT TO PHYSICAL AND PSYCHOLOGICAL PROTECTION=150
RIGHT TO DEVELOPMENT=151
LEGAL RIGHTS AND RIGHT TO ACQUIRE NATIONALITY=152
Human rights of older persons=152
INTERNATIONAL STANDARDS FOR HUMAN RIGHTS OF OLDER PERSONS=152
NORTH KOREAN LAWS FOR PROTECTION OF THE ELDERLY=154
REALITY OF APPLYING ELDERLY PROTECTION LAW=155
CONCLUSION=159
Disability rights=160
INTERNATIONAL NORMS ON HUMAN RIGHTS OF DISABLED PERSONS=160
NORTH KOREA'S DISABLED PERSONS PROTECTION LAW=161
PRESENT SITUATION OF DISABLED PERSONS AND RECENT PROTECTION ACTIVITY=162
ACTUAL APPLICATION OF DISABLED PERSONS PROTECTION ACT=163
CONCLUSION=169
Discrimination based on family background=169
INTRODUCTION=169
HUMAN RIGHTS VIOLATIONS AND CASES OF DISCRIMINATION=171
CONCLUSION=176
4.8. The right to food=177
Concept of the right to food=177
Violation of the right to food as a human rights issue in North Korea=178
Socialist planned economy and violation of the right to food in North Korea=178
Current situation of violation of North Korean residents' right to food=179
INTERNATIONAL STANDARD ON RIGHT TO FOOD=179
NORTH KOREA'S CONSTITUTIONAL STANCE ON THE RIGHT TO FOOD=179
TYPES AND EXTENT OF RIGHT TO FOOD VIOLATION=179
TIME PERIODS FOR VIOLATIONS OF THE RIGHT TO FOOD=181
VIOLATIONS OF THE RIGHT TO FOOD BY REGION=181
The cause of right to food violations in North Korea=182
SHORTAGE OF FOOD PRODUCTION=182
DIFFERENTIAL FOOD ACCESS RIGHTS=185
Conclusion=191
ABOLISHING THE PLANNED ECONOMY SYSTEM AND URGING REFORM AND OPEN MARKET POLICIES=191
PREVENTING FOOD DIVERSION=192
ESTABLISHING A MONITORING SYSTEM WHEN RECEIVING EXTERNAL SUPPORT=193
4.9. Human rights in detention facilities such as political prison camps (kwanliso) and ordinary prison camps (kyohwaso)=193
Introduction=193
Human rights situation in political prison camps=195
POLITICAL PRISONERS IN NORTH KOREA=195
PRISON CAMPS AND THEIR CURRENT OPERATION=198
LIVING CONDITIONS OF POLITICAL PRISONERS=200
HUMAN RIGHTS SITUATION IN POLITICAL PRISON CAMPS=202
Human rights situation in detention facilities including ordinary prison camps=205
CURRENT SITUATION IN ORDINARY PRISON CAMPS=205
FACILITIES AND LIVING CONDITIONS=205
HUMAN RIGHTS SITUATION OF PRISONERS DETAINED IN ORDINARY PRISON CAMPS=207
Conclusion=210
4.10. Exploitation of labour inside and outside North Korea=211
Exploitation of labour in North Korea=211
INTRODUCTION=211
DETAILED REVIEW=212
CONCLUSION=215
Exploitation of labour outside North Korea=215
INTRODUCTION=215
PURPOSE OF EXPORTING LABOUR OVERSEAS=215
SCALE AND CURRENT STATUS OF OVERSEAS WORKERS=216
EXPLOITATION OF NORTH KOREAN OVERSEAS WORKERS=219
VIOLATIONS OF INTERNATIONAL LABOUR STANDARDS, THE UNIVERSAL DECLARATION OF HUMAN RIGHTS AND NORTH KOREA'S CONSTITUTION AND LABOUR LAWS=223
SUGGESTIONS FOR IMPROVEMENT=224
4.11. Restrictions on freedom of movement=225
Introduction=225
Restrictions on freedom of residence and movement in North Korea=225
RESTRICTIONS ON FREEDOM OF RESIDENCE WITHIN TERRITORY OF NORTH KOREA=225
RESTRICTIONS ON FREEDOM OF MOVEMENT WITHIN TERRITORY OF NORTH KOREA=227
Restrictions on freedom to travel overseas=229
Punishment imposed on overseas travellers=230
Restrictions on the right to return to one's own country=232
Conclusion=234
4.12. Reality of human rights of North Korean defectors abroad=235
Introduction=235
Patterns and causes of defection=236
AGE AND GENDER DISTRIBUTION=236
OCCUPATIONAL AND EDUCATIONAL DISTRIBUTION=237
PLACE OF BIRTH AND RESIDENCE DISTRIBUTION=239
STANDARD OF LIVING AND PARTY MEMBERSHIP=241
MOTIVATION FOR DEFECTION=241
PATTERNS OF DEFECTION BY GROUPS=243
INCREASING FAMILIARITY WITH DEFECTION=245
TIME BETWEEN DEFECTION AND ARRIVAL IN SOUTH KOREA=246
Violations of human rights in course of the fleeing from North Korea=248
DEFECTION ROUTES AND EXPENSES=248
SURVEILLANCE OF BORDER AREAS=251
VIOLATIONS OF HUMAN RIGHTS SUCH AS HUMAN TRAFFICKING=252
Conditions of stay in China and human right violations=253
DURATION OF STAY AND LIFE IN CHINA=253
CRACKDOWNS IN CHINA AND HUMAN RIGHTS VIOLATION=254
Reality of prison camps in third countries and human rights violations=256
DEFECTION ROUTES AND TRAVEL EXPENSES TO SOUTH KOREA=256
HUMAN RIGHTS VIOLATIONS IN THIRD COUNTRIES=260
CONDITION OF DETENTION FACILITIES ACCORDING TO WHERE NORTH KOREAN DEFECTORS WERE LOCATED=263
UNFAIR TREATMENT BY KOREAN EMBASSY STAFF=276
Human rights violations of forcibly repatriated North Korean defectors=277
FORCED REPATRIATION TO NORTH KOREA AND LEVELS OF PUNISHMENT=277
HUMAN RIGHTS VIOLATIONS IN DETENTION FACILITIES=280
HUMAN RIGHTS VIOLATIONS AFTER RELEASE FROM DETENTION FACILITIES=283
Conclusion=285
4.13. Human rights problems arising from relations between North and South Korea=286
Introduction=286
Abductees=286
POST-WAR ABDUCTEES=287
KOREAN WAR ABDUCTEES=292
SOUTH KOREAN ACTS REGARDING FACT-FINDING AND SUPPORT OF ABDUCTEES=293
Prisoners of war=293
CURRENT SITUATION=293
CURRENT HUMAN RIGHTS SITUATION FOR POWs=294
CURRENT SITUATION OF POWs BASED ON THE 2014 SURVEY=295
VIOLATIONS OF THE GENEVA CONVENTION RELATIVE TO THE TREATMENT OF PRISONERS OF WAR AND THE UNIVERSAL DECLARATION OF HUMAN RIGHTS=297
ACTIVITIES OF THE SOUTH KOREAN GOVERNMENT AND PRIVATE ORGANISATIONS FOR POWs=298
Korean residents living in Japan moving to North Korea=299
'RETURN TO PARADISE' PROPAGANDA CAMPAIGN=299
RESULTS OF THE 2014 SURVEY REGARDING RETURNEES FROM JAPAN=300
Separated families=302
Conclusion=303
Chapter Five Conclusion=305
5.1. Conclusion=306