북한 지역내 인도에 반한 죄의 법률적 처리에 관한 연구

The United Nations Commission of Inquiry on the Human Rights in the DPRK, in its 2014 report, has manifested that the crimes against humanities have been committed and have not ceased to occur to the present time in the territory of the DPRK. The Commission has also clarified that not only the individual perpetrators, up to the “Supreme Leader”, in the command chain of the state policy, but the whole governance system in the country have resulted in the perpetration of those atrocities. The Commission also pointed out that, despite the need to engage with the DPRK on the human rights dialogue, the importance of the accountability should not be compromised at all. It looked into the possibilities of holding various forms of international accountability systems, such as the International Criminal Court, ad hoc and mixed tribunals, and national trials that may operate based upon the principle of universality. It also mentioned the possibility of holding “truth and reconciliation commissions”, while specifically pointing that accountability should be pursued at all costs. This writing contends that the most desirable legal forum in the pursuit of the accountability are the domestic courts of South Korea, It also points out that in order for a Korean court to be placed as the best venue for the settlement of the crimes against humanities in the DPRK, the following issues, at the minimum, should be duly considered prior to the opening of such domestic courts: the composition of the court; the jurisdiction-time, place, and conducts; the applicable norms; and the application of the statutes of limitations.