국제인권법으로 본 국가인권위원회의 의의와 독립성

Abstract

Since the inauguration of President Lee Myung-bak, the National Human Rights Commission of the Republic of Korea (NHRCK) has faced obstacles. Following an attempt to place it under the authority of the Presidential Office, 20 % of the NHRCK’s staff was forcefully reduced by the Ministry of Public Administration and Security despite the commission’s opposition. Under these circumstances, the independence of the NRHCK has been the center of the debate on whether or not the government’s policies meet the principle of independence. The Paris Principles and the relevant intranational human rights norms enunciating the independence of NHRIs are of paramount importance regarding the status of NHRIs. This paper aims to identify the meaning of NHRIs in international human rights norms and the nature of the independence of NHRIs. In addition, considering the above Korean situation, the author examines the constitutional issues in relation to the independence of the NHRCK. Finally, this paper argues that the NHRCK, though highly commended since its establishment in 2001, may be being underestimated (undermined?) due to institutional weakness.