On Thursday, the National Human Rights Commission of Korea (NHRC) recommended that the Ministry of Unification ensure procedural legitimacy by thoroughly gathering opinions from North Korean defectors when considering changes to their official designation.
The NHRC had previously received a complaint from a North Korean defector who claimed they were unable to participate in the Ministry of Unification’s Survey on Awareness of the Designation of North Korean Defectors conducted last year.
The complainant, identified as Mr. A, argued that as a North Korean defector, he felt excluded from the survey process. He further claimed that the proposed change to North Korean Residents contradicted the wishes of the defector community.
In response, the Ministry of Unification asserted that they had conducted a comprehensive opinion-gathering process. This included research projects, expert consultations, organizational interviews, and surveys. They denied any intentional exclusion or disadvantage of specific individuals in the survey.
The NHRC’s Committee for the Relief of Human Rights Violations dismissed the complaint, deeming it inappropriate for the committee to judge whether a human rights violation had occurred in this case.
The committee stated that Mr. A’s claim of exclusion from the survey does not relate to the fundamental rights guaranteed by the Constitution. They also noted that the name change falls within the realm of policy discretion.
However, the NHRC emphasized that the designation referring to North Korean defectors significantly impacts their identity and dignity. They urged the government to thoroughly gather opinions from the defector community when pursuing policies related to name changes. The commission stressed the importance of respecting these opinions and incorporating them into future legislative amendments and policy implementations.
The NHRC reported that over half of North Korean defectors (53.4%) responded that a name change is unnecessary, while only 18.8% preferred the alternative term North Korean Residents. Based on these findings, the commission concluded that there is insufficient consensus among the affected community for a name change.
Additionally, they noted widespread opposition from many North Korean defector-related organizations regarding the use of the term North Korean Residents, indicating significant disagreement with the Ministry of Unification’s selection of this alternative term.
The Ministry of Unification, after a comprehensive review of research and expert advice from September to November last year, chose North Korean Residents as the replacement term. This designation, meaning people who have North Korea as their homeland, aims to express the complex identity of North Korean defectors living as South Korean citizens in a value-neutral and inclusive manner.
The current Act on the Protection and Resettlement Support of North Korean Defectors uses the designation North Korean Defectors.
