The legitimacy of relief and compensation for the victims of abduction during the Korean War

The issue of rescuing victims of wartime abductions has repeatedly faced difficulties due to the unique circumstances of korean war, compared to the compensation for victims of post-war abductions. While legislative measures have already been established for the compensation and support of post-war abductees, the issue of compensation for wartime abductions remains incomplete from a legislative standpoint. Among the laws relating to abductees by North Korea, the law concerning post-war abductees, enacted on October 23, 2007, known as the 'Law on Compensation and Support for Abductees after the Conclusion of the Military Armistice Agreement' (hereinafter referred to as the 'Post-War Abductee Law'), has provisions for compensation such as settlement funds, victim compensation, and medical support for victims and their families. However, the law concerning wartime abductees, enacted in December 2010, known as the 'Law on the Truth Investigation of Abductees during the Korean War and Restoration of Honor for Abducted Victims' (hereinafter referred to as the 'Wartime Abductee Law'), does not contain provisions for victim compensation. Despite the continued demands for compensation for victims of the North-South conflict caused by North Korea even before the establishment of the Law on Victims of War Time Abductions, the actual law lacks provisions regarding compensation. After the enactment of the law, controversies surrounding the rescue and compensation of North-South abduction cases continued, both positive and negative. Due to this, legislative proposals for compensation for abduction victims have been suggested during each National Assembly session, but legislative progress has been inevitably delayed. Here, the positive aspects of proposed amendments will be emphasized in examining the justification for victim compensation in the Law on Victims of War Time Abductions. The view that remedies for war time abduction victims must clarify the facts of the war and confirm accountability reflects a normative position. Thus, while institutional improvements for redress and compensation for abduction victims demonstrate limitations, this framework aims to support the necessity and legitimacy of compensation within victim relief. To emphasize the justification for the redress of North-South victims of the Korean War from this perspective, the issue of equity compared to other past victim compensation and support laws will be examined. Additionally, as one of the legislative improvement measures for the compensation support for abduction victims, the justification of the fundamental right to crime victim assistance guaranteed by our constitution will be explored.