북한인권 침해행위에 대한 국제형사처벌- 유엔 북한인권 조사위원회 보고서와 관련하여 - = International Criminal Punishment for Violation of North Korean`s Human Rights - In relation with Reports of UN DPRK Commission of Inquiry -

다국어 초록 (Multilingual Abstract)

This paper analyse legal issues concerning international criminal punishment for violation of human rights committed by North Korea. Violation of North Korean``s human rights is crimes against humanity and genocide specified in Rome Statute. KimJong-un, Supreme Leader of North Korea and high ranking officers can be punished according to command responsibility or responsibility of superiors. However, there is little possibility of referring North Korean situation to ICC and establishing ad-hoc criminal tribunals by UN Security Council resolution. Because China and Russia are permanent members of UN Security Council. Method of establishing Hybrid court can not be applied to North Korea case. Because North Korea``s request or approval is necessary. Plans tousing UN Little Assembly and uniting for peace resolution have several political and legal difficulties. None the less, we shall consider possibility of international criminal punishment by ICC or ad-hoc tribunal in case of regime change or unification.