영국 무기 수출 통제 제도의 법적 쟁점: 공법 이론과 국제 인도법의 관점에서

Abstract

This study provides in-depth legal analyses of the UK’s arms export control system. Through these comparative legal studies, the paper attempts to articulate present issues that Korea should consider for future reformation of the arms export control system. The United Kingdom is one of the largest arms exporters in the world, and the government’s policy-making about arms export is deeply coupled with its foreign policy and national security. As a responsible member of the international community, the United Kingdom is committed to fulfilling its international law responsibility to ensure that arms exported are not used to commit acts in violation of international humanitarian law. To implement such duties, the UK has established a sophisticated and rigorous licensing regime for arms exports and technology transfers. However, recent geographical instability in the Middle East following the Arab Spring has led to allegations that arms exported by the UK are being used in violations of international humanitarian law. Growing humanitarian concerns in Yemen have led to widespread criticism of the effectiveness of the existing arms export policy. As a result, the UK courts have challenged the legality of arms export licences to Saudi Arabia concerning the Yemen crisis. This study highlights that it is time to consider an arms export policy that fits the changed status of South Korea through the British experience. In particular, South Korea’s arms export policy should go beyond domestic perspectives such as mere domestic security, economic interests, or passive compliance with international law and reflect a global outlook such as respect for international humanitarian law and protection of human rights. This call is deeply relevant to the state's duties under the constitutional principles of international pacifism and deference to international law. Finally, the study emphasises creating a transparent and accountable arms export licensing regime consistent with the Constitution. Lastly, the study recommends a system that clearly discloses the review criteria for strategic arms export licences and is subject to parliamentary oversight of export licence status and policy direction.