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Recommendation on Legislation of Special Abductee Act [2004] KRNHRC 15 (1 January 2004)

The families of those abducted and detained in North Korea filed a petition with the
Commission, claiming that their basic rights had been violated: their livelihoods and
personal private lives were compromised as they were kept under surveillance and prevented
from taking public offices or departing to other countries because family members had been
kidnapped to North Korea. The petition was rejected under the Commission Act because
more than one year had elapsed since the occurrence of the causes for the petition.
The Commission decided, however, that the issue of human rights violations by past
regimes against the families of those abducted and detained in North Korea needed to be
examined. The Commission held public hearings and meetings, and collected cases of
human rights violations in its efforts to seek improvement to the system. The findings of
examination revealed that the private lives of the families of those abducted and detained
in North Korea were monitored and that their travel abroad was restricted. Assignment to
posts after joining the army was compromised as they were not positioned on the front.
The family members could not even apply to take the national examinations or enter the
military academies out of fear of being subjected to the implicative system.
Most violations against families of those abducted and detained in North Korea occurred
in the 1960s and 1970s. As long time has elapsed, and no systematic investigation has ever
been conducted. For this reason, these cases cannot readily be objectively proved, but the
government should take responsibility to address the violations against these families and
restore their honor.
The Commission made a recommendation to the speaker of the National Assembly and
prime minister that the government should ascertain the damages to the families of
abductees to North Korea and that a special act be legislated so that compensation can be
made to these families and their honor restored.