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A Study on Implementing Plea Bargaining in a Transitional Justice of Unified Korea

박예나|김세미
통일연구원 (YONSEI INSTITUTE FOR NORTH KOREAN STUDIES)|2024.06|International Journal of Korean Unification Studies|제33권 제1호|pp. 57-85|DOI 10.33728/ijkus.2024.33.1.003

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참고문헌

키워드

Human RightsKorean UnificationTransitional JusticePeace-BuildingPlea Bargaining

초록

Under the premise that the Korean peninsula is unified as the "Republic of Korea" that upholds the rule of law and liberal democracy, transitional justice is one of the most imperative issues that must be dealt with for the justice of the oppressed North Koreans and for a peaceful future of unified Korea. Peace-building and reconciliation efforts post-Korean unification are essential. However, how to achieve this remains a challenge. This article aims to answer the question on achieving peace and reconciliation post-Korean unification through the use of plea bargaining in the international legal context. Plea bargaining has been used in international criminal tribunals such as the ICTY and the ICTR. The question is not about whether plea bargaining can be used in international criminal cases but it is about whether plea bargaining is an effective means transitional justice Under the premise that the Korean peninsula is unified as the "Republic of Korea" that upholds the rule of law and liberal democracy, transitional justice is one of the most imperative issues that must be dealt with for the justice of the oppressed North Koreans and for a peaceful future of unified Korea. Peace-building and reconciliation efforts post-Korean unification are essential. However, how to achieve this remains a challenge. This article aims to answer the question on achieving peace and reconciliation post-Korean unification through the use of plea bargaining in the international legal context. Plea bargaining has been used in international criminal tribunals such as the ICTY and the ICTR. The question is not about whether plea bargaining can be used in international criminal cases but it is about whether plea bargaining is an effective means transitional justice to bring about peace and reconciliation. This article will discuss cases of transitional justice and cases of plea bargaining in the international legal context and apply how the implementation of plea bargaining will play a role in peace-building and reconciliation on the Korean peninsula post-Korean unification.

Abstract

Under the premise that the Korean peninsula is unified as the "Republic of Korea" that upholds the rule of law and liberal democracy, transitional justice is one of the most imperative issues that must be dealt with for the justice of the oppressed North Koreans and for a peaceful future of unified Korea. Peace-building and reconciliation efforts post-Korean unification are essential. However, how to achieve this remains a challenge. This article aims to answer the question on achieving peace and reconciliation post-Korean unification through the use of plea bargaining in the international legal context. Plea bargaining has been used in international criminal tribunals such as the ICTY and the ICTR. The question is not about whether plea bargaining can be used in international criminal cases but it is about whether plea bargaining is an effective means transitional justice Under the premise that the Korean peninsula is unified as the "Republic of Korea" that upholds the rule of law and liberal democracy, transitional justice is one of the most imperative issues that must be dealt with for the justice of the oppressed North Koreans and for a peaceful future of unified Korea. Peace-building and reconciliation efforts post-Korean unification are essential. However, how to achieve this remains a challenge. This article aims to answer the question on achieving peace and reconciliation post-Korean unification through the use of plea bargaining in the international legal context. Plea bargaining has been used in international criminal tribunals such as the ICTY and the ICTR. The question is not about whether plea bargaining can be used in international criminal cases but it is about whether plea bargaining is an effective means transitional justice to bring about peace and reconciliation. This article will discuss cases of transitional justice and cases of plea bargaining in the international legal context and apply how the implementation of plea bargaining will play a role in peace-building and reconciliation on the Korean peninsula post-Korean unification.

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