보증인지위의 안전의무 제한에 관한 시론- 안원하 교수의 “부진정부작위범과 보증인적 지위”를 다시 읽으며 - = A Preliminary Study on the Limitation of the Duty of Safety in Guarantor Status—Revisiting Professor Ahn Won-Ha's “Omission Crimes and Guarantor Status”

다국어 초록 (Multilingual Abstract)

UNHRC reported the documents, Decision (No. 3042 and 3043/2017), about the tragic case names Lampusa migrant shipwreck at 2021. Through the review of the Decisions that this article aim to analyze what international legal principles the international community is looking at regarding the policy of the states and at dealing with maritime migrants. The UNHRC's decision is significant in that it summarizes the offshore application of national jurisdiction, which has been debated locally, and harmonizes international human rights law with international maritime law, providing a basis for states to comply with their obligations. Despite of meaningful report, the voice of UNHRC is limited by the fact that it is not legally binding and does not address the fundamental issue of the burden on states that have fulfilled their rescue obligations at sea. However, it is worthy that the UN has provided direction on policies toward irregular migrants at sea for the first time, and it will be interesting to see the judgement of UN members followed to the legal guidance of UNHRC.