반인권적 범죄행위와 공소시효-통일과 공소시효에 관하여

Abstract

Statutory Limitations to Crimes against Human Rights In South Korea in the recent decades, human rights are demanded widely settling serious human rights violations. The human rights violation that tortured and killed citizens during the authoritarian regime was revealed. But the governmental officials who committed the crime are free of prosecution because of statute of limitation. In criminal procedure extending a limitation period before a given prosecution is barred does not violate the Ex Post Facto principle the other side retrospective application of amended limitation period to time barred prosecution violates the principle. The UN Convention on the Non-Application of Statutory Limitations to war Crime and Crimes Against Humanity are widely recognized as customary law as practiced in many countries. But, the Ex Post Facto principle should be maintained, it may be not allowed under very limited circumstances. Unification north and south Korea will bring about many legal problems. The Ex Post Facto principle must be kept to make laws that punish north korea governmental officials who committed crimes against Human Right during the Communist Party Domination.