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Firstly, there is a tendency in existing research to base the examination and study of
human rights violations mainly on legal criteria. Certainly, problems of human rights
abuses can be analyzed on the legal level. However, it is an essential property of
human rights problems that they cannot be reduced to the legal dimension. In fact, the
laws and systems relating to human rights are in themselves limited by a weakness:
not only do they have difficulties in fully including marginal people who live in human
rights blind spots, but socially disadvantaged persons and minorities also find it hard to
uncover human rights abuses in a detailed manner. Therefore, research that inquires
both into human rights abuses encountered by North Korean refugee women and into
human rights problems relating to the female subject has to be carried out in a way
that thoroughly understands and reflects the ontological conditions of women; this
makes it necessary to adopt a different, a new perspective, methodology, and
epistemology.
Secondly, the most frequent and serious problem posed by existing fact-finding studies
on the nexus of human rights and North Korea is that of securing the ‘objectivity’ of
research findings. The question of whether the contents of fact-finding studies on
North Korean human rights are objective or not is one which has been raised
continuously. Thus, in order to overcome such disputes over objectivity, it is essential
to develop an epistemological approach, empirical research method, etc. that can
objectively illuminate the conditions of North Korean human rights.
The question of objectivity involves another problem, i.e. ‘fact-finding’. In existing
situation studies on North Korean human rights, ‘facts’ which can by no means be
verified/falsified are mixed together with ‘facts’ that have not been directly
experienced by the narrator or researcher but are based on hearsay, thus rendering
the validation of the material impossible.
This point leads to yet another problem. Instead of concentrating their efforts on
‘talking facts’, some existing studies of North Korean human rights display a tendency
to transform ‘selective material’ into ‘highly representative facts’, thus making the
whole fact-finding study more or less exemplary; this problematic trend has been
constantly pointed out in the literature. In such cases, researchers’ ‘calculated