유엔 안전보장이사회 대북제재 결의에 대한 국제법적 분석

The Security Council, as a principal organ of the United Nations with primary responsibility for the maintenance of international peace and security, has decided appropriate measures to maintain international peace and security upon its determination of the existence of any threat to the peace, breach of the peace, or act of aggression. As to the situation where the Democratic People’s Republic of Korea (DPRK) unilaterally declares to withdraw from the Treaty on the Non-Proliferation of Nuclear Weapons and continues to conduct nuclear tests, the Security Council determined such as a threat to international peace and security and adopted resolutions with non-military measures, or sanctions, under Chapter VII of the Charter of the United Nations. This study aims to examine on the resolutions, focusing on the changes and trends in the ways that the sanctions are designed and imposed and their significance in terms of international law. Chapter 2 contours major treaties for the non-proliferation of nuclear weapons and their limitations. Then it demonstrates that the Security Council has endeavored to overcome such limitations by clarifying the proliferation of nuclear weapons as a threat to the peace and imposing upon Member States the obligation to comply with the international non-proliferation regime. Chapter 3 introduces how the Security Council sanctions have developed over time, mainly from comprehensive sanctions to targeted sanctions, and examines the sanctions upon DPRK in detail. In Chapter 4, the paper demonstrates that the measures of sanctions upon DPRK have been specified and intensified over time, still reserving the possibility of humanitarian exemptions.