This paper deals with the U.S. policy on North Korean defectors and the status
of their human rights. President George Bush signed in 2004 and practiced "North
Korean Human Rights Act" in order to pressure the North Korean regime, one of
the poorest and most isolated regimes on the planet, to end human rights abuses
and provide assistance to those who were victims of the harsh policies. However,
the effectiveness of NKHRA is minimal and the number of defectors that have
entered the United States is less than that of Western European countries such as
UK and Germany. Because North Koreans are automatically granted S. Korean
citizenship in the Republic of Korea, once North Korean defectors arrive in South
Korea, they lose the opportunity to settle in the United States without even
realizing it. They are not able to choose the U.S. as their settlement due to this
subtle discrepancy of immigration law between two countries.
Chapter II discusses that the reasons for the small number of North Korean
defectors in U.S. are; i)U.S. immigration laws which strictly apply to refugees,
ii)immigration process which is too long for one year or longer and iii)U.S. view
that North Koreans share ethnic homogeneity with South Koreans. Chapter III
mentions the U.S. conventional views on North Korean human rights. Then,
Chapter IV points out the shortcomings of NKHRA that has not been effective,
not oppressing North Korean regime enough and suggests that U.S. and Korean
governments should discuss OPLAN 5029 again as an alternative.