미주인권협약상 국내구제절차완료 원칙에 관한 연구 - 미주인권재판소 결정례를 중심으로 -

In view of details about human rights, we may pose a question like‘Are they universal rights that shall be guaranteed beyond boundaries?’or‘Are they the rights that may be guaranteed only by state authority?’As a part of further responses to these questions and practical efforts to realize such a universality of human rights, there have been a series of regional safeguard systems for human rights which involved many countries, not only a state. In this sense, American Convention on Human Rights can be viewed as one of regional conventions on human rights as signed in written by governmental authorities of many countries. The American Convention on Human Rights (hereinafter abbreviated to ‘ACHR’) was adopted by the Inter-American Specialized Conference on Human Rights on Nov. 22, 1969 and finally came into effect on July 18, 1978. In addition, both Inter-American Commission on Human Rights and Inter-American Court of Human Rights were established with a view to practically and effectively guaranteeing human rights stipulated under ACHR. After the establishment of Inter-American Court of Human Rights, victims of any human rights violation that occurs in contracting parties of ACHR have been entitled to file complaints about their unredressed rights - their rights that were not redressed under judicial proceedings in their own country - in the Inter - American Court of Human Rights according to procedures stipulated under ACHR, so that they may benefit from remedies for damages. The most fundamental one of procedural rules under ACHR is ‘Exhaustion of Local Remedies’Rule stipulated in Article 46, ACHR. Since many decades ago, this rule has been already recognized as a means of international law system or state responsibility for diplomatic protection, where if a native person of a country sustains a damage from any illegal act in another country, the authority of the former country (i.e. his or her home state) shall protect him or her as victim and file a claim for damage to the latter country on behalf of the victim.‘Exhaustion of Local Remedies’Rule under ACHR provides that the victim of human rights violation shall exhaust remedies - complete any remedy procedures - available under municipal law before filing any claims to an international judicial authority. The purpose of this rule is to respect sovereign power and trial jurisdiction of assault state and grant any chance to assault state to correct violation of human rights under its system of municipal law. Based on existing precedents of Inter-American Court of Human Rights, this study is intended to examine the basic matters, implications and exceptions of Exhaustion of Local Remedies Rule stipulated in Article 46, ACHR.