NHRC recommended the creation of special laws about espionage agents to NorthKorea and the Samcheong Re-education Camp (03-13-2003)
After finishing examining the damages and suffering of espionages and the Samcheong Re-education Camp, as well as governmnet efforts for compensation, the National Human Rights Commission (NHRC) announced that it will submit a recommendation to the National Assembly Speaker and the Defense Minister on the creation of special laws for these purposes.
Since December 2001, 10 victims of Samcheong Re-education Camps and espionage agents filed petitions at the NHRC asking for a large-scale investigation. Unfortunately, the NHRC had to reject most petitions in accordance to the National Human Rights Commission Act, Article 32, Clause 4, which states petitions should be cancelled when, "said petition is filed after one or more years have elapsed since the facts causing the petition happened." (Espionage agents sent to North Korea: 2 cases rejected and 1 case pending. Samcheong Re-education Camps: 6 cases rejected and 1 case pending)
However, the NHRC decided to play an advisory role in the establishment of a special law for the following reasons: 1) the issue of espionage agents sent to North Korea and Samcheong Re-education Camps are important to the nation, 2) government efforts to compensate victims has been found lacking, and 3) various laws are newly being written or revised for victims of past authoritarian governments.
1. Espionage agents sent to North Korea
The government and the National Assembly have made efforts to compensate victims and amend the Act on he Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (passed January 2001) to recognize espionage agents as "persons who have rendered distinguished service to the state," without consideration of length of activity.
Nevertheless, organizations advocating for espionage agents claim that the effort made by the government to compensate them and restore their honor, compared to the human rights violations suffered, has been extremely lacking. Meanwhile, the government has not officially recognized the existence of espionage agents sent to North Korea, citing that recognition would violate the Armistice Agreement.
The NHRC concluded, "the state cannot avoid criticism that it is morally wrong if they continue to refuse to recognize those who staked their lives performing duties for national security, and a special law should be created immediately."
2. Samcheong Re-education Camps
The government promised to compensate victims of Samcheong Re-education Camps through ex-president Roh Tae-woo"s public address in November 1988, but no further measures were taken. In December 1999, ex-president Kim Dae-jung also ordered the establishment of an integrated law for the victims of Samcheong Re-education Camps, dismissed media persons, and teachers from the Korean Teachers Union, but this promise was not kept.
In July and November of 2002, the Busan District Court and the Daegu District Court respectively judged that the victims of Samcheong Re-education Camps should receive compensation. The Presidential Commission on Suspicious Deaths officially acknowledged cases of those who died during the Camps as "suspicious deaths," requested the restoration of honor and reparations for democracy activists, and recommended the government to take measures to give aid to victims.
The National Human Rights Commission concluded that a special law should be created to give immediate aid to victims of Samcheong Re-education Camps and their families, particularly given that society is ready to recognize the victims and government efforts have been weak.
