북한의 오물풍선 살포 행위와 관련된손해배상 가능성의 검토

On 28 May 2024, North Korea has dropped several balloons containing rubbish such as manure, waste papers and fabric scraps of cloth into the area adjacent to the Military Demarcation Line. This has continued to this day, and damage to the people and property of South Korea has been established. In the absence of a reliable legal analysis for compensation, this paper examines the possibility of North Korea's liability for damage under both international and domestic law. The jurisprudence of State responsibility under international law essentially concerned with liability for damage. To establish State responsibility, the act must be attributable to the State and constitute a breach of an international obligation. It is clear that the ‘trash balloons crash’ is the act of North Korea itself. In addition, it can be presumed that the crash violated the ‘no-harm rule’, which is part of customary international law. Therefore, North Korea can be held liable for damage on the basis of State responsibility. However, there are practical difficulties in enforcing actual compensation. Domestically, Article 750 of the Korean Civil Code provides for liability for damage for wrongful acts. Considering the components of the article, it is possible to hold North Korea liable for damage for the trash balloons crash. However, as this also raises the issue of practical enforcement, an alternative approach could be for the South Korean government to first provide assistance to the victims in the form of subrogation and then to pursue claims against North Korea. In conclusion, it is difficult to deny that North Korea is responsible for the damage caused by the trash balloon crash. However, the actual method of compensation needs to be practically considered and selected. What is important in the current situation is first ensuring appropriate compensation and assistance measures for victims, and then finding more fundamental and durable solution for this problem.