북한 도발 억제를 위한 자위권 적용에 대한 연구: 북핵 위협에 대응위한 선제적 자위권 적용을 중심으로

Abstract

The purpose of this research is to identify conditions for securing legitimacy of "anticipatory self-defense," derive situations that can be applied to a variety of North Korea's threats, and suggest the ideal direction to be taken in terms of building military capabilities required for executing anticipatory self-defense. Self-defense, which is a right that nations are inherently entitled to for responding to external threats, can be classified as either anticipatory self-defense or preventive self-defense depending on when the move is executed. Anticipatory self-defense is executed when it is clear that the enemy's attack is imminent whereas preventive self-defense is executed earlier in preparation for a possibility that the enemy might decide to attack. Therefore, anticipatory self-defense is regarded as a legitimate way for a nation to defend itself because it is propelled by the concern that enormous damages are expected to occur should the enemy launch the attack first. The conditions that need to be fulfilled for anticipatory self-defense to gain legitimacy can be summarized as "necessity" and "proportionality." "Necessity" refers to whether the use of force is absolutely necessary considering the possibility of solving conflict. In other words, necessity in this context refers to the necessity to eliminate the enemy's imminent threat in an anticipated manner because not doing so would lead to having to sustain excessive damages from the enemy's attack. The second condition to be fulfilled is "proportionality."Whereas necessity is based on fulfilling conditions to be met before the execution of anticipatory self-defense, proportionality provides conditions that dictate purpose and means in actually executing self-defense. Proportionality means that the use of force is limited to the extent that is necessary to defeat or stop the enemy's attack in terms of magnitude, scope, and time duration for which the force is used. However, this principle does not entail that the amount of force to be used has to mathematically correspond to anything; it simply needs to not exceed the amount of force needed to stop or defeat the attack or threat. Within the framework of Korea's security situation, threats posed by nuclear weapons and WMDs constitute good examples of situations in which the concept of anticipatory self-defense can be applied. Therefore, we need to conduct anticipated self-defense through Kill Chain when it becomes clear that North Korea will resort to the use of nuclear weapons. The crux of this research is that it must be our cardinal priority to secure the forces necessary for conducting such anticipated self-defense.