방북 한국인의 신변안전 및 인권보호 강화문제 = How to Secure Personal Safety and Protect Human Rights of South Koreans Visiting North Korea

다국어 초록 (Multilingual Abstract)

A female South Korean tourist visiting Mt. Geumgang and taking a walk peacefully around the tourism site was shot and killed by a North Korean soldier back in June 2008. Now this shooting incident not only has become a major cause of deadlock between the South and the North, but also offers an opportunity to discuss again effective measures for securing personal safety of South Koreans visiting North Korea and protecting their human rights.
In short, we should persuade North Korea into making a provision in the relevant laws to the effect that soldiers should not shoot or murder any unarmed civilians in the tourism area near the Korean Demilitarized Zone(DMZ). In case North Korean laws and regulations are violated by a South Korean visitor, we should have a right to investigate the facts in order that proper responsible actions may be followed by the authorities concerned of North Korea. In particular, we should specify what "severe violation of laws and regulations" are in the application of the Inter-Korean Agreement on Immigration Control and Stay in North Korea. Organizing a South-North Joint Committee will be a necessary to accomplish these tasks. In addition, when North Korea investigate alleged violations of its laws and regulations perpetrated by South Koreans, the South Korean government should work out their human rights protection strengthening measures.

다국어 초록 (Multilingual Abstract)

A female South Korean tourist visiting Mt. Geumgang and taking a walk peacefully around the tourism site was shot and killed by a North Korean soldier back in June 2008. Now this shooting incident not only has become a major cause of deadlock between the South and the North, but also offers an opportunity to discuss again effective measures for securing personal safety of South Koreans visiting North Korea and protecting their human rights.
In short, we should persuade North Korea into making a provision in the relevant laws to the effect that soldiers should not shoot or murder any unarmed civilians in the tourism area near the Korean Demilitarized Zone(DMZ). In case North Korean laws and regulations are violated by a South Korean visitor, we should have a right to investigate the facts in order that proper responsible actions may be followed by the authorities concerned of North Korea. In particular, we should specify what "severe violation of laws and regulations" are in the application of the Inter-Korean Agreement on Immigration Control and Stay in North Korea. Organizing a South-North Joint Committee will be a necessary to accomplish these tasks. In addition, when North Korea investigate alleged violations of its laws and regulations perpetrated by South Koreans, the South Korean government should work out their human rights protection strengthening measures.

참고문헌 (Reference)

1 한명섭, "형사사건 처리 관련 남북 협력체제 구축방안 : 제25차 남북법령연구특별분과위원회 학술회의 자료집"

2 "조선민주주의인민공화국 법전 (대중용)" 법률출판사 2004

3 김승대, "상대방 지역 체류의 법률문제-신변안전의 법적 보장을 중심으로 : 남북교류와 관련한 법적 문제점(3)" 법원행정처 2004

4 제성호, "북한방문 한국 관광객의 신변안전보장방안, 남북 관광교류 추진방안" 통일원 1997

5 "북한군, 금강산관광지구 통제 강화(종합),”"

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7 한명섭, "북한 체류 남측주민의 신변안전보장 문제 -금강산관광객의 피격사망 사건과 관련하여" 2008

8 "북, 금강산 피살 ‘유감’..현장조사는 거부(종합)"

9 사회과학원 법학연구소, "법학사전" 사회과학출판사 1971

10 이규창, "남북한 조약법 비교 : 법원행정처 특수사법제도연구위원회 제21차 회의 발표자료" 2008

11 "금강산 관광객 피살사건 일지"

12 통일부, "금강산 관광객 사망사건 참고자료: 3/4분기 인도협력분과 정책자문회의 자료" 2008

13 서울국제법연구원, "국제위법행위에 대한 국가책임’에 관한 국제법위원회 보고서" 권 (권): 2001

14 김대순, "국제법론" 삼영사 2008

15 제성호, "경수로인력의 북한체류시 법적 문제" 민족통일연구원 1997

16 "Draft Articles on Responsibility of States for Internationally Wrongful Acts, with Commentaries 2001,” Report of the International Law Commission on the work of its fifty-third session, the Yearbook of the International Law Commission, (2001), vol. II, Part Two, p. 40;"