고문방지협약의 국방관련 국내이행 현황과 문제점

Abstract

This article examines the application of ‘the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punish- ment(1984)’ to the Korean Army. For this purpose, the author discusses three main points: first, a general description of the Convention; secondly, types of torture and other acts of cruel, inhuman or degrading treatment or punishment which might occur in the Army; thirdly, the obligation of the effective application of the Convention by the Korean Government into the Korean Army. The author concludes that in the Army, acts of torture or other cruel acts can be committed and the victims should be protected more efficiently considering the Army’s characteristics of ‘closed space’ and ‘hierarchical system’. The author finds the Korean Government and the Ministry of Defense generally apply this Convention appropriately, however, he recommends to the Government that in the near future two actions are necessary for the protection and promotion of human rights, especially against torture: first the recognition of the competence of the Committee against Torture to receive and consider communications from another State Party(Article 21) and secondly, the competence of the Committee to receive and consider communications from or on the behalf of individuals. (Article 22)