국제사회의 유엔 북한인권 조사위원회(COI) 권고이행과 전망 = UN Commission of Inquiry on North Korean Human Rights: Its Recommendations and International Responses

다국어 초록 (Multilingual Abstract)

After almost a year-long investigation, the Commission of Inquiry (COI) on HumanRights in the Democratic People’s Republic of Korea, established by the United NationsHuman Rights Council in March 2013, presented its final report in February 2014. TheCOI’s report provided a large volume of supporting materials and legal analysis, basedon which it concluded that a range of human rights violations perpetrated in NorthKorea constitute crimes against humanity under international criminal law. Crimesagainst humanity are one of the four international crimes under the jurisdiction of theInternational Criminal Court (ICC), and are directly linked to the principle of theresponsibility to protect (R2P). In addition, they could directly or indirectly affect thetransitional justice measures, which would be implemented once the Korean peninsulais united. In this regard, this paper first examines the activities of the UN COI on North Koreanhuman rights and the main findings and recommendations of the COI report. Then,overview of the related following activities of the UN Human Rights Council, GeneralAssembly and Security Council are provided. After that, the possibilities of the referral of the North Korean situation to the ICC by the UN Security Council and theestablishment of an ad hoc international or hybrid tribunal by whether Security Councilor General Assembly are reviewed in more detail. The issue of human rights in North Korea is unlikely to be resolved quickly due tonon-cooperation of North Korea and weaknesses of the international implementingmechanisms. Nonetheless, at a time when the international community including the UNas well as domestic and international NGOs has increased their attention on the gravityof the problem of North Korean human rights situation, the Korean government and theinternational community should together develop more concrete measures to bringdiverse but effective and coordinated ways to resolve the situation.