Newly arising issues on the limitation of intervention law and refugees under the North Korean Human Rights Act of 2004

Abstract

An Act must have a jurisdiction in order to become validly enforceable and to have legitimacy as a law. From this point of view, one of the purposes of this article is to find the validity and legitimacy of the North Korean Human Rights Act as an intervention law by reviewing the legal ground especially with regards to the traditional theory of humanitarian intervention and under the international peace and security prospective which is the aim of the United Nations. At first I introduce general information and the human rights situation of the Democratic People's Republic of Korea through the resolutions and special reports to the North Korea of the UN and other diverse documents. Then I examine logical and practical legal grounds for legislation of the NKHR Act.