자유권으로서 ‘결사의 자유’에 관한 국제법적 의무와 한국의 실행 - 자유권규약 제22조에 대한 유보 철회를 촉구하며 -

Korea made a reservation to Article 22 of the International Covenant on Civil and Political Rights (ICCPR) when it acceded to it in 1990, and it hasn’t withdrawn it as of yet. Since then, Korea has amended its domestic laws to address the restriction on teachers’ and government employees’ ability to form unions, which was the original cause of the reservation. Additionally, Korea ratified the ILO Conventions No. 87 on Freedom of Association and Protection of the Right to Organise and No. 98 on the Right to Organise and Collective Bargaining. However, Article 22 of the ICCPR has special significance because it demonstrates that freedom of association has a character not only as a social or labor right but also as a liberal right (civil and political rights). As the UN Human Rights Committee, the body responsible for monitoring the ICCPR’s implementation, has repeatedly urged Korea to withdraw its reservation to Article 22, Korea needs to demonstrate to the international community that it is willing to accept and uphold global standards for freedom of association by withdrawing its reservation to Article 22. In order to promote the discussion urging the withdrawal of the reservation to Article 22 of the ICCPR, this article is intended to enhance understanding of the international legal obligations under Article 22 and relevant South Korean practices.