국제법상 작전통제권의 환수에 따라 제기되는 법적 제문제와 그에 대한 대책방안

It is burning necessary to review the legal problems to be occurred by the recovery of operation command authority to the ROK Forces in international law. Since 1950 the security of the Korean Peninsula has been maintained by means of legal measures, that is, the transfer of operation command authority. The operation command authority of the Republic of Korea Forces has dual dimensions. The one is the operation command related between the Republic of Korea Forces and the United Nations Forces dispatched to Korea in accordance with the Security Council resolution of June 27 and July 7, 1950 and the other is between the Republic of Korea Forces and the Unites States Forces stationed in Korea in accordance with the provision of Article 4 of Korea and the United States. Therefore the parties of the former are the Republic of Korea and the United Nations. And those of the latter are the Republic of Kore and the United States. The Legal Problems occurred by the recovery in international law are as following. (ⅰ) The Problem or loss or the Legal effect of the Armistice Agreement to the Republic of Korea Forces. The recovery of operation command authority brings the legal effect of the Armistic Agreement on the Republic of Korea, through the command authority would be intercepted. (ⅱ) The Problem of ineffectiveness of the legal basis for the unification of Korea. One of the missions of the United Nations Forces is to establish unifed, independent and democratic government in Korea. The mission was authorized by the General Assembly Resolution of October 7, 1950. (ⅲ) The Problem of immunity of the criminal responsibility of the United States soldiers violated the stipulation of AP is excluded. (ⅵ) The Problem of the reorganization of the ROK/US Combined Forces Command. (ⅴ) The Problem of Korean Peninsula maintained by the operation command authority would be ended. (vii) The problem of the non-application of the Armistice of Rules of Engagement of the UNC.