북한의 무기 수출 통제 관련 국제법적쟁점 및 사례 분석

The purpose of this study is to analyze the international legal issues and institutional challenges related to North Korea’s arms export controls and to propose effective countermeasures. For decades, North Korea has illegally exported conventional weapons, ballistic missiles, and chemical and biological weapon technologies, violating United Nations Security Council (UNSC) resolutions, international treaties, multilateral export control regimes, and individual national sanctions laws (AECA, IEEPA, EU Dual-Use Regulation, etc.). These actions pose a significant threat to international security. In response, the international community has imposed arms embargoes against North Korea based on UNSC resolutions. Additionally, key countries, including the United States, the European Union, Japan, and Australia, have implemented independent legal and policy measures to prohibit arms transactions with North Korea. These measures contribute to the formation of customary international legal norms, reinforcing the legal conviction (Opinio Juris) that arms transactions with North Korea constitute violations of international law. However, North Korea continues to attempt to circumvent these sanctions through the use of front companies, third-country intermediaries, illicit ship-to-ship transfers, and the exploitation of financial systems. To address these challenges, this study proposes the following institutional countermeasures: (1) strengthening the enforcement of UNSC resolutions, (2) enhancing the legal binding force of multilateral export control regimes, (3) refining the independent sanctions frameworks of individual states, and (4) reinforcing the legal conviction of international customary law approaches. Through such multi-layered legal and policy responses, North Korea’s arms exports can be effectively curtailed, thereby upholding international security and the rule of law.