A Study on Regulation of Private MILITARY Company(PMC) under International Laws in KOREAN

Abstract

Countries like Africa where cease fire has not held firm since 1990s are maintaining security through alternative military power. Alternative military power used in those countries was manifested in private sector, not in public sector. In other words, public goods called ‘national defense’ have become substitutable with private goods based on economic strength. These countries are hiring military with money, not maintaining military for national defense. PMC refers to military agency carrying out military service and has a meaning different from that of existing mercenary. Against this backdrop, this study was intended to examine difference between existing mercenaries and PMC and to look into the efforts of international community to resolve problems arising from PMC and regulate PMC. Countries like Africa where cease fire has not held firm since 1990s are maintaining security through alternative military power. Alternative military power used in those countries was manifested in private sector, not in public sector. In other words, their national defense is carried out by private military company, PMC, rather than the military of home country. A question arises as to whether the military activities of the PMC and its troops are subjects covered under international laws. In addition, PMC shows difference from existing mercenaries. The purpose of this study was to examine difference between existing mercenaries and PMC and to look into the efforts of international community to resolve problems arising from PMC and regulate PMC. Existence of PMC became known in Korea when Kim Seon-il was slaughtered in Iraq War. The U.S.-based PMCs entered Korean en masse while relocation of U.S. base in Pyeongtaek was pushed forward. Some claim that the existence of company called ‘PMC’ is problematic. However, it would be necessary to focus on seeking a way to properly discipline PMC that is already existent and on what ground of laws PMC can be held responsible. If corporations are held responsible under international law, firstly, multinational companies should be recognized as entities subject to international laws. Secondly, provisions related to reparation under international laws should be set forth. Thirdly, procedures need to be established for holding the PMC responsible under criminal law. In addition, PMC should be required to provide education to its officials/employees and fulfill its obligations in respect of compliance with Geneva Convention and International Humanitarian Law.