NHRCK Urges Swift Enactment of Legislation to Effectively Implement the International Convention for the Protection of All Persons from Enforced Disappearance
– Recommendations Submitted to the Speaker of the National Assembly, Calling for Prompt Passage of the Bill on the Punishment of the Crime of Enforced Disappearance and Inclusion of Provisions for Prevention, Punishment, and Redress –
□ The International Convention for the Protection of All Persons from Enforced Disappearance (hereinafter the “Convention”), which took effect in Korea on 3 February 2023, is a treaty that requires State Parties to take legislative and institutional measures to prevent and punish enforced disappearances and ensure effective remedies for victims. In line with this obligation, legislation to implement the Convention is currently under consideration in Korea.
□ In this regard, on 9 June 2025, the Plenary Committee of the National Human Rights Commission of Korea (NHRCK), chaired by NHRCK chair Ahn Chang-ho, unanimously decided to present its opinion to the Speaker of the National Assembly regarding the Bill on the Punishment of the Crime of Enforced Disappearance and the Prevention of Enforced Disappearance and Redress for Victims (hereinafter the “Draft Bill”), currently under review by the Legislation and Judiciary Committee of the National Assembly. The Commission noted that the Draft Bill contains ambiguities regarding the perpetrators of enforced disappearance, lacks provisions addressing non-state actors, and fails to adequately ensure victim remedies. It recommended that the following points be reflected in revisions to the Draft Bill:
□ First, while the Convention defines the perpetrators of enforced disappearance to include all State actors, the Republic of Korea does not recognize the statehood of North Korea under its Constitution and court precedents. Therefore, the Draft Bill must be revised to explicitly include North Korea as a possible perpetrator of enforced disappearance.
□ Second, the Convention mandates the punishment of enforced disappearances committed by non-state actors. The Draft Bill, however, does not include provisions to this effect. It should thus be amended to include penalties for enforced disappearances perpetrated by non-state actors.
□ Third, the Draft Bill should incorporate the principle of non-refoulement, prohibiting the extradition, deportation, or return of individuals to countries where they are at risk of enforced disappearance. This principle must explicitly include North Korea as a country to which individuals must not be returned.
□ Fourth, although the Convention provides for aggravated punishment for enforced disappearances committed against vulnerable groups, such provisions are absent in the Draft Bill. The Bill should therefore introduce aggravated penalties for enforced disappearances involving vulnerable persons, including pregnant women, minors, older persons, and persons with disabilities, thereby strengthening their protection.
□ Fifth, to enhance redress for victims of enforced disappearance, the scope of “victims” should be clearly defined and expanded, and the Bill must include detailed provisions regarding the State’s obligation to provide compensation and other remedies.
□ Sixth, to protect children from enforced disappearance, the Bill should include penalties for those who unlawfully separate children from their legal guardians, manipulate or conceal adoption records, and commit other child-related enforced disappearance crimes. Furthermore, it should include clear procedures for the return of illegally adopted children to their biological families and for the annulment of illegal adoptions or placements.
□ The NHRCK expressed its view that the Draft Bill should be promptly adopted with the above improvements. The Commission will continue to monitor and advocate for the effective domestic implementation of the Convention, with the aim of preventing and punishing enforced disappearance and ensuring meaningful remedies for victims.
