유엔사 구성원의 법적 지위에 관한 국제법적 고찰

The United Nations Command, established by Security Council Resolution No. 84, continues to exist based on the Armistice Agreement and Notes exchanged between Yoshida-Acheson in Korea and Japan after the armistice of the Korean War. The Armistice Agreement contains provisions related to the role of the UNC, and the survival of the UNC following the conclusion of a peace agreement is a matter that depends entirely on the specific contents of the peace agreement. Although there is controversy about the legal effect of the Yoshida-Acheson notes, it is reasonable to view it as a binding treaty along with international law. Opinions on whether the UNC is an subsidiary organ of the United Nations are conflicting, but the UNC differs from UN subsidiary bodies such as the PKO in terms of its nature and role. The legal status of UNC members is regulated by the Meyer Agreement in Korea and the Japan-UNC SOFA in Japan, which defines their privileges and immunities are defined. While the Japan-UNC SOFA clarifies the legal status of the UNC's stationing in Japan, there is a greater need to clarify the legal status of UN Force members in Korea. In a situation where the UNC's presence in Korea continues, the fact that the legal status of UNC members is unclear and ad hoc responses are being made in practice can be evaluated as an institutional loophole when compared to the situation in Japan. Therefore, by concluding a ROK-UNC SOFA at the level of the ROK-US SOFA, it will be possible to resolve such institutional loopholes and at the same time enhance Korea's control over UNC issues.