유엔 강제실종협약의 국내적 이행방안과 형사법적 쟁점

Abstract

For Effective Implementation of the UN Convention on Enforced Disappearance in Korea Lee, Ho-Joong Professor, Sogang Univ. The "International Convention for the Protection of All Persons from Enforced Disappearance" was adopted by the UN General Assembly in 2006. "Enforced disappearance" is considered to be the arrest, detention or any other form of deprivation of liberty by the State agency, followed by a refusal to disclose the fate or whereabouts of the persons concerned or a refusal to acknowledge the deprivation of their liberty, which places such persons outside the protection of the law. The Convention declares enforced disappearance to constitute a crime against humanity under international and national law. It requires State Parties to take necessary measures to investigate the act and to punish its perpetrators. And the protection of victims, including the right to obtain reparation, is also very important. This article reviews the implementation measures to be taken by Korean Government after its ratification. Firstly, criminal statutes are to be reformed to make the offence of enforced disappearance punishable as an extremely serious crime. Secondly, the provisions related to the term of limitation, investigation procedure, etc., should be reformed. Third and finally, to ensure the fair and prompt intervention, a competent and independent national institution should be established. It is desirable that this independent State authority generally undertake the comprehensive tasks obligated by Rome Statute and the Convention against Torture, as well as the Convention on enforced disappearance.