- The Committee, in the Concluding Observations on the fourth periodic report of the Republic of Kor
ea expressed its concern that defectors from the Democratic People’s Republic of Korea are detained, u
pon their arrival, in a particular center for up to six months, they do not have access to counsel, and
they may be deportee to third countries without independent review if it is determined that they do no
t qualify for protection.
- In this regard, the government, on 24 December 2018, amended Article 12(Details of Provisional Prot
ective Measures, etc.) of the Enforcement Decree of the North Korean Refugees Protection and Settlem
ent Support Act to shorten the period of temporary protection from 180 days to 90 days.
- However, such a measure taken by the government cannot be viewed as faithful reflection of the rec
ommendation of the Committee. The government has not provided institutional improvement measures a
bout guarantee of the right to counsel and provision of review through independent process before dep
ortation to a third country, and the temporary protection period must be reviewed to be shortened furth
er.
2) Questions
- The North Korean Defector Protection Center is a place where defectors from the North are st
aying for the first time upon their arrival in the South. The government limits entrance and exit
of people in the Center and limits their freedom of relocation.
- Even if it is recognized that there is a need to restrict some of fundamental rights for national
security for some period of time, the extent of such restriction has to be minimum, and people w
ho are temporarily protected should be given the right to defense counsel for the entire period of
protection. In addition, the period and method of investigation should be strictly restricted, comp
lying with the international human rights standards including the principle of warrant under Arti
cle 9 (4) of the Convention.
- In addition, before deportation to a third country, a transparent procedure which provides delib
eration based on independent and appropriate process must be introduced that can suspend the d
eportation to a third country.
- Please specify stance in this regard.
18. Monitoring, surveillance and interception of private communication