The Republic of Korea’s Compliance with International Convention for the Protection of All Persons from Enforced Disappearance
.svg)
Country: Republic of Korea (South Korea)
Partners: Anti Death Penalty Asia Network, Transitional Justice Working Group
Issues: Death Penalty, Enforced Disappearance
Mechanism: UN Committee on Enforced Disappearances
Report Type: Other
This report examines a number of issues for inclusion in the list of themes. The first concerns the three points related to the two domestic implementing bills for the Enforced Disappearance Convention pending in the 22nd National Assembly (section 1), namely: the criminalization of enforced disappearance committed by North Korea (DPRK) and other “non-states” with respect to article 4 of the Convention (section 1-1) and the application of the non-refoulement rule to North Korea and other “non-states” with respect to article 16 of the Convention (section 1-2), arising from the peculiar legal status of North Korea (DPRK) in South Korean law, and the death penalty provision with respect to article 7 of the Convention (section 1-3).
The report also covers South Korea’s policy and practice concerning refoulement where there are substantial grounds for believing that they would be in danger of being subjected to enforced disappearance with respect to article 16 of the Convention in relation to North Korean escapees (section 2-1) and other foreign nationals (section 2-2) and the National Intelligence Service (NIS)’s formalized role in the Ministry of Justice (MOJ)’s internal review body, the Refugee Committee, for refugee applications (section 2-3).
Lastly, the report provides a list of suggested questions to be posed to the government (section 3).
