한국의 특수성 국제적 보편성 간의 상위와 그 극복

최태현 법과사회이론연구회 1993 법과 사회 Vol.8 No.1

수형자의 처우에 관한 국제인권규정의 국내적 적용과 보장

최태현,박미경 한양대학교 법학연구소 2007 법학논총 Vol.24 No.2

While the issue of whether the prisoners' human rights should be protected has been discussed for a long time, it wasn't until 30 years ago that we began to discuss the rights and status of prisoners nationally or internationally. Taken account into the complexity related to achievement of the goal of correction, it's certain that the issue of safeguarding prisoners' human rights or other rights and their status is very complex and delicate one. Moreover, given that executions of sentences are necessarily connected to the issues of human rights, the situation surrounding the issue may become more complex and delicate. But, Considering that the concept of "prisoner's human rights" implicates human rights of the individuals who shall be eligible to enjoy universal human rights which are basic, inherent and inalienable, we would conclude that there is no reason for any prisoner's human right to be deprived by reason of his or her crimes. And yet, it is difficult to allow the prisoners to enjoy unlimited human rights without setting the limits under certain criteria. That is to say, the human rights of the prisoners should be ensured within the limit provided by international human rights instruments or within the ambit of national laws and regulations. There are a large number of legal instruments addressing human rights of the prisoners. For example, there are international conventions on human rights, including 「International Covenant on Civil and Political Rights」 and 「Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment」, regional conventions on human rights, including 「Convention for the Protection of Human Rights and Fundamental Freedoms」 and American Convention on Human Rights」, and international instruments, including 「Standard Minimum Rules for the Treatment of Prisoners」 and 「Basic Principles for the Treatment of Prisoners」. All these instruments commonly provide with prohibition of inhumane torture, waiver of degrading punishment, rights to humanitarian treatment, rights to fair trial and freedom of exterior communication. In the Republic of Korea, the Constitution sets the framework for prisoners' human rights, and Criminal Administration Act and National Human Rights Commission of Korea Act provide it in detail. In particular, it is said that the 1999 Criminal Administration Act improved the prisoners' rights. Also, the Constitutional Court has recognized the basic human rights of the prisoners. Nevertheless, Korean laws still bears possibilities of impinging on human rights in several aspects, from the perspective of international instruments on human rights. The first problem is related to the limitation of interviews and the censoring of letters, which are connected with exterior communication rights of the prisoners. Korea's Criminal Administration Act doesn't provide the advocate's right to hold an interview with a prisoner. Because the interview between an advocate and a prisoner is very crucial for a prisoner to receive a fair trial, and the right to a fair trial is a fundamental right that should be given to all the people including a prisoner, it is required that the advocate's right to interview a prisoner should be expressly stipulated in the laws or regulations. Also, the provisons of Criminal Administration Act, providing restriction of the number of exchanging letters and censorship of the letters, seem to be inconsistent with international instruments on human rights and the Constitution of Korea The second problem is related to using physical force on the prisoners. The current Criminal Administration Act allows detention facility officers to use physical force and punishment on the prisoners. Although it is intended to maintain safety and order within the detention facilities, its abuse of using physical force has a great potential to impinge on the human rights of prisoners. The related provisons of Korean Criminal Administration Act i...

고문방지협약

최태현 國際人權法學會 1996 國際人權法 Vol.1 No.-

The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is certainly one of the most important human rights treaties that have ever been concluded. This Convention constitutes a very significant step to legal prevention of and combat against torture in the light of the contents of its substantive legal norms and realistic approach to the method of ensuring their implementation. We should recognize the strong and innovate character of its international supervisory mechanism, in particular, as regards or officio confidential inquiries performed by the Committee against Torture. This procedure is viewed as the core element of the international control machinery designed to give teeth to the Convention. Besides that, the Convention has enabled, through establishing universal penal jurisdiction, the States Parties to prosecute and punish positively persons alleged to commit any offense of torture. Taking into account the existing torture practices and their grave nature, this instrument contains a rather detailed and broad definition of the very offense. The inclusion of the provision concerning non-refoulement to the State where there are substantial grounds for believing that he would be in danger of being subjected to torture deserves attention. Worthy of praise also are the provisions on non-derogation, compensation, extraditable offense, and the rigid imposition of various obligations upon the States Parties to take effective or preventive measures under their domestic law. Therefore, the Convention incorporates the comprehensive legal norms to combat all kinds of acts of torture. The most of the legal norms as to the prohibition of torture are, however, not created newly in this Convention, but codified from the existing international customary law, which is based on the common needs of the States to clarify the contents of them as already expressed in the extant human rights treaties, declarations, or United Nations resolutions. Many provisions in the Convention stemmed from the international common interests to confront with the torture practices effectively; the main objective of them is to make the international community be free from the flagrant behaviours. To uproot the acts of torture, it is necessary to reveal the fact to the government concerned itself that it has violated the legal norms as articulated in the Convention, to ensure the consciousness of standing against the torture, and to secure positively and universally the driving force of the States to enhance the international peace and justice. It seem that the Convention offers the various criteria and foundations to meet such needs. It is a matter of great regret, however, that the applicable scope of the provisons in the Convention appears rather narrow because they focus on the situation where the very acts of torture is inflicted directly by public officials for 'certain conscious purpose. And the whole problem of "cruel, inhuman, or degrading treatment or punishment not amounting to torture" is largely eluded. A crucial responsibility rests, therefore, upon the Committee against Torture to clarify the basic concepts of torture and other inadmissible treatment, and to develop its constuents and strict international standards in those areas. International supervisory mechanism does not also seem to have complete effectiveness, As to the means of implementation, the Convention is a compromise. The fact is true that in the implementation procedures, the Committee appears to expose itself to some inherent obstacles in performing its function due to the absolute State sovereignty and the lack of powerful supranational sanctions in case of non-compliance with the provisions concerned on the part of States Parties. Particularly, with regard to the operation of the inter-State complaints or that of individual complaints, the opting-out system as indicated in articles 21 and 22 might be problematic because it depends upon the optional declaration of the States Parties. The system will bind only those States ready to make the required declaration, which it is antipated will be either those States not engaging in torture or those likely to stop and punish violations in this respect. It is reasonable to assume, therefore, that the main implementation measure will be the reporting system and the confidential inquiry system. As to the reporting system, while a lot depens, naturally, on the composition of the Committee and the decision of its members to scrutinize adequately the report under its review, on the whole it may be expected that, in such a sensitive area as torture, the reporting system may become a reasonably effective measure to persuade States to avoid the use of torture by its agents. Torture is a multifaceted evil. Its uprooting involves the mobilization of not only statesmen, lawyers, judges and the police, but also all other members of our society. It's the time to seek the more perfect judicial framework and the change of thinking in order to eradicate the acts of torture which are still committed somewhere by devising the further elaborated mechanism in national and international level.

ICC규정 이행입법안 연구- 독일 및 스위스의 경우를 중심으로 -

최태현 한양대학교 법학연구소 2006 법학논총 Vol.23 No.2

Implementing Legislation on the ICC Statute- With Special Reference to the German and Swiss Legislation

제43차 대한핵의학회 추계학술대회 : 포스터 ; 방사면역 치료를 위한 153Sm 항체의 표지와 안정성 평가

최태현,김세중,신병철,정재호,우광선,정위섭,이태섭,정혜경,이명진,김소연,최창운,천기정,김성은,임상무 대한핵의학회 2004 핵의학 분자영상 Vol.38 No.5

99mTc표지 Oligonucleotide의 세포 섭취 및 체내분포

최태현,이수진,임상무,최창운,우광선,정위섭,임수정 대한핵의학회 1999 핵의학 분자영상 Vol.33 No.5

MgO와 Al의 테르밋 반응생성물이 첨가된 MgO-C계 내화재료의 용손 기구

최태현,전병세 한국세라믹학회 1996 한국세라믹학회지 Vol.33 No.7

Thermite reaction products of MgO and Al were added to MgO-C refractory to improve the properties of corrosion against the attack of slag, oxidation and mechanical spalling. Corrosion rate of MgO-C-MgAl2O4 spinel refractory at the ratio of 3.3(CaO/SiO2) slag was smaller than that of MgO-C and MgO-C-Al refractory. The excellent corrosion resistance of the MgO-C-MgAl2O4 spinel refractory against the slag attack was appeared by Al and MgAl2O4 spinel with high melting point and corrosion resistance and the high thermal conductivity and low thermal expansion of AIN. Hot M.O.R at 140$0^{\circ}C$ and the resistance of oxidation weight loss at 90$0^{\circ}C$ were 210kg/cm2 and -12% respectively.

제 1수지간 구축 정도에 따른 교정 전략

최태현,손대구,한기환 大韓成形外科學會 2001 Archives of Plastic Surgery Vol.28 No.5

국제사법기구가 내린 잠정조치명령의 효력- 인권보호 기능을 중심으로 -

최태현,이진규 한양대학교 법학연구소 2006 법학논총 Vol.23 No.3

The Effect of Provisional Measures ordered by International Judicial Bodies: The Function of Human Rights Protection

국제사법재판소(ICJ)에서의 제3자 소송참가의 절차 및 요건

최태현 한양대학교 법학연구소 2007 법학논총 Vol.24 No.3

>The Procedures and Requirements of Third-Party Intervention before the International Court of Justice