대한민국 정부 수립과정상 UN 총회의 역할: 제기되었던 국제법적 쟁점

The Government of the Republic of Korea was established under the auspice of the United Nations(UN) in 1948. Then several legal questions were raised mainly by communist States to stop the intervention of the UN General Assembly in Korean independence process. Four major issues were: ⓵ The submission of the problem of Korea to the UN General Assembly was a violation of the Moscow agreement. ⓶ The problem of Korea were not within the competence of the UN General Assembly and the establishment of the UN Temporary Commission on Korea was illegal. ⓷ The Interim Committee(so-called Little Assembly), which approved the Temporary Commission to observe elections in the South Korea, was illegal organ under the UN Charter. ⓸ The Interim Committee had no competence to change the resolution of the General Assembly, which did not expect any possibility of partial election in Korea. All challenges were rejected by majority votes of the UN members. The purpose of this article is to analyze whether the General Assembly’s decisions on the problem of Korea were consistent with the UN Charter. The result of dealing with the problem of Korea in the General Assembly at early stage of the UN history served as important precedents for the interpretation of the UN Charter.