韓国：人権ＮＡＰ勧告案確定 SRSに国民健康保険負担 1

人権ＮＡＰ勧告案確定　(中央日報・日本語版 2006/01/10)

国家人権委員会（委員長チョ・ヨンファン）は国家保安法廃止、公務員・教師の政治活動範囲の拡大、非正規職に対する「同一労動同一賃金」適用、争議に対する職権仲裁範囲の縮小などを主な内容とする国家人権政策基本計画（人権ＮＡＰ＝Ｎａｔｉｏｎａｌ　Ａｃｔｉｏｎ　Ｐｌａｎ　ｆｏｒ　ｔｈｅ　Ｐｒｏｍｏｔｉｏｎ　ａｎｄ　Ｐｒｏｔｅｃｔｉｏｎ　ｏｆ　Ｈｕｍａｎ　Ｒｉｇｈｔｓ）勧告案を９日確定、発表した。

人権委が全院委員会議決を通じて定めた勧告案は自由権、社会権など市民権と政治的権利保護を主とした「人権増進のためのインフラ構築」、障害者・非正規職労動者、女性、性的少数者など１１に区分された「社会的弱者、少数者人権保護」関連事項に区分される。

勧告案には公務員の政治活動を禁止した関連法を改正し、公務員と教師の政治活動範囲を拡大せよという注文が含まれた。人権委のこのような立場は教師の政治活動制限を合憲と判断した憲法裁判所の決定などと配置される。

勧告案は保安観察制度の廃止、反人権犯罪の公訴時効排除または停止、学生の宗教教科目選択権保障なども盛り込んだ。死刑制廃止、宗教的兵役拒否認定などこれまで人権委が政府に勧告した内容も含まれている。

非正規職の保護と関連、人権委は「同一労動同一賃金」の原則を強調し、社保適用を拡大することにした。

性的少数者保護のために性転換手術に国民健康保険を段階的に適用する案を検討するよう提案し、同性の間の性的暴行防止次元から性的暴行罪を包括的に規定するように刑法改正を注文した。

人権委は勧告案を直ちに政府に提出、政府はこれを相当部分受け入れ、人権ＮＡＰを作る計画だ。政府はこの計画を国連に報告した後、詳細実践計画を作って来年から２０１１年まで５年間施行する。

しかし人権委の勧告案にはこれまで社会的論争になってきた事案が多数含まれており、推進過程で社会各界の反発などが予想される。

チョ委員長は「国際的人権基準を考慮して韓国社会の人権改善のために必ず移行されなければならない課題を盛り込んだ人権ＮＡＰ勧告案を議決した」とし「政府は勧告案の内容を最大限受け入れてほしい」と明らかにした。

◆国家人権政策基本計画（人権ＮＡＰ）＝一国家の人権保護のための法、制度、政策の総合実行計画。１９９３年オーストリアのウィーンで開かれた世界人権会議で参加国が満場一致で国家人権機構の設立と人権ＮＡＰ樹立を決議した。

国連経済社会文化権利委員会は２００１年５月、韓国に人権ＮＡＰ樹立を勧告、韓国は今年６月３０日まで国連に人権ＮＡＰを報告しなければならない。国家人権委の勧告案に拘束力はないが、法、制度、政策改善のガイドライン的性格を持っている。

＜ＮＡＰ勧告案主要内容＞

－国家保安法廃止

－死刑制廃止

－政府の争議職権仲裁縮小

－対策のない強制撤去禁止

－性転換手術の健保適用

－公務員・教師政治活動拡大

ペク・イルヒョン記者 <keysme@joongang.co.kr>

'인권 NAP' 권고안 확정
보안법 폐지, 공무원 정치 활동 확대 등

관련기사
'인권 NAP' 권고안 확정
성전환 수술 건보 적용 등 내용 파격적
"진보 측 주장 대부분 인정"
관련링크
[이슈] ‘인권 NAP’ 권고안

국가인권위원회(위원장 조영황)는 국가보안법 폐지, 공무원.교사의 정치활동 범위 확대, 비정규직에 대한'동일 노동 동일 임금' 적용, 쟁의에 대한 직권중재 범위 축소 등을 주요 내용으로 하는 국가인권정책 기본계획(인권 NAP.National Action Plan for the Promotion and Protection of Human Rights) 권고안을 9일 확정, 발표했다.

인권위가 전원위원회 의결을 통해 확정한 권고안은 자유권.사회권 등 시민권과 정치적 권리보호를 위주로 한 '인권증진을 위한 인프라 구축', 장애인.비정규직 노동자.여성.성적 소수자 등 11개 범주로 구분된 '사회적 약자.소수자 인권보호' 관련 사항으로 구분된다.

권고안에는 공무원의 정치활동을 금지한 관련법을 개정해 공무원과 교사의 정치활동 범위를 확대하라는 주문이 포함됐다. 인권위의 이 같은 입장은 교사의 정치활동 제한을 합헌으로 판단한 헌법재판소의 결정 등과 배치된다.

권고안은 보안관찰제도의 폐지, 반인권 범죄의 공소시효 배제 또는 정지, 학생의 종교 교과목 선택권 보장 등도 담았다. 사형제 폐지, 종교적 병역거부 인정 등 그동안 인권위가 정부에 권고했던 내용도 포함됐다.

비정규직 보호와 관련, 인권위는 '동일 노동 동일 임금' 원칙을 강조하고 사회보험 적용을 확대하도록 했다.

성적 소수자 보호를 위해 성전환 수술에 국민건강보험을 단계적으로 적용하는 방안을 검토하도록 제안하고, 동성 간 강간방지 차원에서 강간죄를 포괄적으로 규정하도록 형법 개정을 주문했다.

인권위는 권고안을 곧 정부에 내며, 정부는 이를 상당 부분 수용해 인권 NAP를 만들 계획이다. 정부는 이 계획을 유엔에 보고한 뒤 세부 실천계획을 만들어 내년부터 2011년까지 5년간 시행한다. 하지만 인권위의 권고안에는 그동안 사회적 논란이 돼온 사안들이 다수 포함돼 있어 추진 과정에서 사회 각계의 반발 등 진통이 예상된다.

조 위원장은 "국제적 인권기준을 고려해 한국 사회의 인권개선을 위해 반드시 이행돼야 할 과제를 담은 인권 NAP 권고안을 의결했다"며 "정부는 권고안 내용을 최대한 수용하길 바란다"고 밝혔다.

◆ 국가인권정책 기본계획(인권 NAP)=한 국가의 인권보호와 신장을 위한 법.제도.정책의 종합 실행 계획. 1993년 오스트리아 빈에서 열린 세계인권회의에서 참가국들이 만장일치로 국가인권기구 설립과 인권 NAP 수립을 결의했다.

유엔 경제사회문화 권리위원회는 2001년 5월 한국에 인권 NAP 수립을 권고했고, 한국은 올해 6월 30일까지 유엔에 인권 NAP를 보고해야 한다. 국가인권위의 권고안은 구속력은 없으나 법.제도.정책 개선의 가이드라인 성격을 갖고 있다.

백일현 기자

-국가보안법 폐지

-사형제 폐지

-정부의 쟁의 직권중재 축소

-대책 없는 강제철거 금지

-성전환 수술의 건보 적용

-공무원.교사 정치활동 확대

2006.01.10 09:32:45

Updated Jan.10,2006 16:51 KST
Human Rights Commission Finalizes an Action Plan - Digital Chosun

Korea's National Human Rights Commission on Monday finalized an action plan to promote human rights and protect the less privileged in society. The plan calls for greater political rights for government officials and teachers, who are currently banned from joining political parties or taking collective political action.

Once again, the panel recommended that the government abolish the controversial National Security Law, anti-communist legislation banning unauthorized contact between South and North Koreans. The commission also suggests that the government recognize conscientious objectors to the country's mandatory military service on moral or religious grounds. It also says temporary workers and foreign laborers in Korea should be granted greater rights. The panel recommends that sex change operations should be gradually included in health insurance policies and that people with the HIV or the hepatitis B viruses be given equal treatment when applying for jobs.

"The commission bases the recommendations not on the opinions of certain interest groups but on international human rights standards. We have held several workshops with experts to ensure that the suggestions are feasible," the committee said.

But some observers have expressed concern that the commission's announcement could fuel controversy as its suggestions touch on some thorny issues such as the much-debated security law. A Cabinet meeting is to devise a policy plan based on the recommendations to be submitted to the UN by June. Seoul is to implement the final human rights plan over five years starting in 2007.

Arirang News

Rights Action Plan Stirs Debate
By Kim Cheong-won
Staff Reporter - Korea Times

The National Human Rights Commission (NHRC) is getting mixed reactions over its proposed National Action Plan as it contained many controversial issues such as the guarantee of political activities by public servants and abolition of the death penalty.

The state human rights panel on Monday drafted a 260-page report on the action plan to better protect human rights in South Korea.

In the Vienna Declaration and Program of Action adopted in 1993, the World Conference on Human Rights recommended that member states consider the desirability of drawing up a national action plan identifying steps to improve the promotion and protection of human rights.

South Korea is required to report the country's national action plan to the United Nations by the end of June and then implement it over five years from 2007.

According to the report, the commission called for the revision of the labor law which bans public servants from union-related political activities to give more political freedom to civil servants and teachers.

If the recommendation is adopted, the revision of the law is expected to stir up controversy because it runs counter to the Constitutional Court's ruling, that prohibiting teachers and civil servants from engaging in political activities is constitutional.

The commission has asked for the revision of the law, saying that the ban runs counter to the principle of equality because professors at national and public universities are allowed to take part in political activities while teachers at elementary, middle and high schools don't enjoy the same rights.

``If the revision is adopted, it could violate students' education rights because students might be affected by teachers' political inclination. Students have also rights not to be affected by political influence,'' said Hong Jin-pyo, executive director at the conservative civic group Liberty Union.

Political parties are also divided over the issue. Three political parties, the ruling Uri Party, the Democratic Party and the Democratic Labor Party welcomed the move, saying that it will enhance human rights in the country.

However, the main opposition Grand National Party opposes it, saying that the recommendations will destroy the basic order of the democracy and shake the basis of the country.

When it comes to enhancing labor rights, the commission is also seeking to get rid of the government's mediation in labor disputes and to lessen criminal and civic punishment of strikers.

In addition, the panel suggested a reduction in the number of government-designated workplaces in which workers have restricted rights to collective action because disrupting their work could cause public harm.

The commission also advised the government to take necessary measures guaranteeing the same conditions and benefits given to regular workers such as wages, working hours and welfare benefits to non-regular workers.

In addition, the panel recommends that sex change operations be gradually included in health insurance policies.

``The commission's recommendation is in line with the International Labor Organization's suggestions. The government should improve the labor circumstances based on the recommendations,'' said Lee Su-bong, an official at the Korean Confederation of Trade Unions.

Those who oppose the recommendations, however, argue that it doesn't take reality into consideration.

``A recommendation is just a recommendation. I think it is an idealistic declaration without considering the reality of the labor situation,'' said an official at the Ministry of Labor.

He added that the commission has exceeded its authority, which is only to suggest guidelines on human rights.

One of the thorny issues in the recommendations is to provide conscientious objectors with an alternative to mandatory military service.

The recommendation, however, contrasted with a Constitutional Court decision last August that affirmed the current conscription law as lawful. The top court said religious beliefs couldn't come before national security.

Recently, Defense Minister Yoon Kwang-ung said that his ministry plans to launch a pan-governmental committee to study alternative civil service for conscientious objectors.

The ministry previously reacted negatively to the issue, citing a possible security gap resulting from the weakness of military manpower, as more young people could take on the alternative system to evade their mandatory service.

kcw@koreatimes.co.kr

01-10-2006 17:29

[NEWS ANALYSIS]Human rights body begins rough voyage - Korea Herald

The nation's human rights panel completed a set of guidelines on Monday recommending the government improve laws and systems protecting human rights. However, their recommendations are already stirring a backlash from political parties because they touch upon a number of contentious and sensitive issues in Korea.

Entitled as the National Action Plan, the National Human Right Commission is to advise the government to grant greater political rights to teachers and public servants and enhance labor rights for non-regular workers.

Currently, teachers and government officials are banned from engaging in political activities but the panel advises the government to consider granting them more political rights. However, the government is concerned that the public servants' labor union may emerge as a formidable force against the government if more political power is granted to them.

The Korean Government Employees' Union will become legally recognized this year.

However, expanding the political powers of the two groups is likely to engender a lot of controversy in a country where political neutrality has long been stressed in the public services and education.

When the nation's left-leaning teachers' union posted a controversial education material parodying APEC leaders on their website in October, the public highly criticized the union for being bent on providing ideologically biased education to students. In the face of the mounting criticism, the union put off its plan to hold a mass rally, which its members were expected to boycott classes to attend.

The panel said the government should abolish an anti-communist law stipulating the formation of and admission to any groups benefiting the enemy - that is, North Korea -.

The panel also recommends that health insurance polices to be phased in provide for sex change operations. Meanwhile another of its suggestions, if approved, would outlaw employers from discriminating against job-seekers who are HIV-positive or carrying the hepatitis B virus.

The government is to submit an action plan on the matter to the United Nations by June and then implement it over five years starting in 2007.

In 1993, a U.N. human rights conference held in Austria recommended that members draw up their own action plans to improve human rights. The government decided to devise its plan based on recommendations from the human rights panel.

Describing it as a master plan to improve the nation's human rights, the commission also acknowledges that some of the issues touched on are thorny issues. But said it will overcome opposition by phasing in the plan.

"If the government supported Koreans by establishing a five-year-plan in order to boost up the nation's economy, now is the time to improve the nation's human rights," said Kwak No-hyun, president of the commission.

The main opposition Grand National Party furiously criticized the human rights panel while the ruling Uri and other minor parties welcomed its decision and vowed to take further action.

"Enhancing the nation's human rights should be a national ambition. It is meaningful because it suggests principles and standards on human right issues," said Rep. Jun Byung-hun of the Uri Party.

"We (policymakers) should begin to discuss abolishing the National Security Law in line with the commission's recommendation, said Rep. Park Yong-jin of the Democratic Labor Party.

The main opposition GNP expressed cautious opposition to the recommendation saying the decision has been made out of political interest.

"The commission has no right to talk about human rights while sticking to political issues while keeping their mouth shut over human right issues on North Korea, said Rep. Lim Tae-hee of the GNP.

"I feel sorry that the commission approached human rights, the universal issue for all of us, from 'their own perspective,'" he added.

(christory@heraldm.com)

By Cho Chung-un


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