북한의 행위와 국제법- 대한민국 국적인 피해사례와 황강댐 무단방류사건을 중심으로
Illegal Acts committed by North Korea against South Korean Nationals and International Law
0
조회
0
다운로드
7
인용
0
참고문헌
키워드
초록
A long list of internationally illegal acts committed by the Democratic People's Republic of Korea (DPRK, North Korea) against the Republic of Korea (South Korea) exists since the end of the 1950-53 Korean War. This article seeks to analyse and evaluate recent incidents between South and North Koreas from an international legal perspective, for example, the shooting death of a South Korean woman at Mt.Geumgang by North Korean soldiers in 2008, the detention and release of a Hyundai Asan worker at the Gaeseong Industrial Complex in 2009, the six casualties from flash flood in the Imjin River by an unannounced water-release by North Korea in 2009, etc. In July 2008, a South Korean female tourist was shot to death tragically during a visit to Mt.Geumgang. In March 2009, a South Korean worker at the Gaeseong Industrial Complex was detained in North Korea for over 130 days without any legal assistance. The North Korean authority even expelled some employees of private companies in Gaeseoung without any reasonable reasons. In September 2009, water released unexpectedly from a North Korean dam in the upper part of the Imjin River caused a flash flood that swept away six South Koreans camping alongside the river. The problem is that this series of incidents occurred even though relevant inter-Korean agreements were in place. So we should establish more effective legal mechanisms for protecting South Koreans. Before further elaboration, we consider two preliminary issues: first, can international law be applied to inter-Korean relations which are not an inter-states relation but a temporary situation pursuing the reunification of the two Koreas someday?; secondly, what is the legal status of inter-Korean agreements or joint communiqués adopted since 1971? These instruments are so-called 'gentlemen's agreements' which are not legally binding each other party. Concerning these given main issues, we propose two solutions to ameliorate the existing 'Inter-Korean Agreement concerning Staying and Passage to and from Gaeseoung and Mt.Geumgang' comparing the protocols concluded between the KEDO (the Korean Peninsula Energy Develop- ment Organization) and the DPRK during the 90's. Also we try to find any applicable rules for non-navigation uses of inter-Korean waterways, in particular the Imjin River which flows from North Korea to South Korea via the western part of the DMZ. On the basis of existing relevant norms of international customary law, the two Koreas shall work to adopt a new 'Agreement on the Prevention of Flood in the Imjin River Basin' through exchanges of documents, and accordingly, undertake an on-site survey.
Abstract
A long list of internationally illegal acts committed by the Democratic People's Republic of Korea (DPRK, North Korea) against the Republic of Korea (South Korea) exists since the end of the 1950-53 Korean War. This article seeks to analyse and evaluate recent incidents between South and North Koreas from an international legal perspective, for example, the shooting death of a South Korean woman at Mt.Geumgang by North Korean soldiers in 2008, the detention and release of a Hyundai Asan worker at the Gaeseong Industrial Complex in 2009, the six casualties from flash flood in the Imjin River by an unannounced water-release by North Korea in 2009, etc. In July 2008, a South Korean female tourist was shot to death tragically during a visit to Mt.Geumgang. In March 2009, a South Korean worker at the Gaeseong Industrial Complex was detained in North Korea for over 130 days without any legal assistance. The North Korean authority even expelled some employees of private companies in Gaeseoung without any reasonable reasons. In September 2009, water released unexpectedly from a North Korean dam in the upper part of the Imjin River caused a flash flood that swept away six South Koreans camping alongside the river. The problem is that this series of incidents occurred even though relevant inter-Korean agreements were in place. So we should establish more effective legal mechanisms for protecting South Koreans. Before further elaboration, we consider two preliminary issues: first, can international law be applied to inter-Korean relations which are not an inter-states relation but a temporary situation pursuing the reunification of the two Koreas someday?; secondly, what is the legal status of inter-Korean agreements or joint communiqués adopted since 1971? These instruments are so-called 'gentlemen's agreements' which are not legally binding each other party. Concerning these given main issues, we propose two solutions to ameliorate the existing 'Inter-Korean Agreement concerning Staying and Passage to and from Gaeseoung and Mt.Geumgang' comparing the protocols concluded between the KEDO (the Korean Peninsula Energy Develop- ment Organization) and the DPRK during the 90's. Also we try to find any applicable rules for non-navigation uses of inter-Korean waterways, in particular the Imjin River which flows from North Korea to South Korea via the western part of the DMZ. On the basis of existing relevant norms of international customary law, the two Koreas shall work to adopt a new 'Agreement on the Prevention of Flood in the Imjin River Basin' through exchanges of documents, and accordingly, undertake an on-site survey.
참고문헌 (15)
- "국제법사전" (2002), 사회과학출판사
- "국제법 및 해운법 참고서(조약집), 김일성 종합대학", ~ (1985)
- "국제법학(법학부용)" (1992), 김일성 종합대학출판사
- "현대국제법연구" (1988), 과학백과사전종합출판사
- 김대순, "국제법론(15판)", ~ (2010)
- 김석현, "국제법상 국가책임", ~ (2007)
- 김찬규, "북한국제법연구", ~ (2009)
- 배종인, "헌법과 조약체결", ~ (2009)
- 유병화, "국제법 I(1999), 국제법 II(2000)", ~
- 정인섭, "한국판례국제법(제2판)", ~ (2005)
- 이규창, "북한의 국제법관", ~ (2008)
- 박기갑, "남북한의 국제법상 관행연구. in: 변화하는 세계와 국제법", 김정건 박사 화갑기념논문집, pp.235~266 (1993)
- 박기갑, "국제판례를 통해 본 국제하천 연안국의 권리와 의무에 관한 연구", 한림법학 Forum, 2, pp.41~72 (1992)
- 소병천, "국제하천의 비항행적 사용에 관한 국제법적 소고", 국제법학회논총, 54(3), pp.217~243 (2009), 대한국제법학회
- W.Fiedler, "Gentlemen's agreement", Encyclopedia of Public International Law, 2 (1999)
