지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
Historically, how a state treated persons within its territory was its own affair. That is, the question of human rights is only domestic question. But, after the Second World War, international society led to increased for the legal and social protection of human rights and fundamental freedoms. Now contemporary international law begin to regards human rights as the concern of international society and international question.
The United States Army Military Government(USAMGIK) ruled Korea from August 15, 1945 to August 15, 1948 and had the sole legal authority in Korea. There were massacres by american and korean troops in April 3, 1948 in Jeju island. At that time many people died in onslaught, about 30,000 or more people. The United States were, remain today, responsible for Jeju 4ㆍ3 massacres that occurred during that occupation.
This essay try to study Jeju 4ㆍ3 massacre in international law. Relevant international law to the Jeju massacres, for example, 'the Convention with Respect to the Laws and Customs of War on Land', 'the Convention on the Prevention and Punishment of the Crime of Genocide', 'Geneva Convention Relating to the Protection of Civilian Persons in Time of War of August 12, 1949', 'Protocols Additional to the Geneva Conventions' and 'Convention on the Non-Applicability of Statutory Limitations to War Crimes against Humanity' provide that genocide, crimes against peace, conventional war crimes, crime against humanity and breach of important clause of Geneva Conventions are international crimes. Respect to the law and customs of war provide that: Civilians who do not take part in hostilities shall be respected and protected; Attacks on military objects must not cause loss of civilian life which is excessive in relation to the concrete and direct military advantage anticipated; When launching an attack on a military objective, all feasible precautions shall be taken to avoid, and in any event to minimize, incidental loss of civilian life, Injury to civilians, and damage to civilian objects. And international humanitarian law applies with equal force to all the parties in an armed conflict irrespective of which party was responsible for starting that conflict. It comprises the whole of established law serving the protection of man in armed conflict.
Generally, state responsibility can regard as a general principle of international law. The requisite of state responsibility are breach of international duty, accountability, occurrence of damage, and intention or omission of violating state. And the violating state has duty reparation of responsibility. Reparations are restitution, indemnity, satisfaction and so forth. In Jeju 4ㆍ3 massacres case, american and korean government, american soldiers and korean soldier and korean policeman had violated relevant international human rights law and international humanitarian law in suppression of Jeju rebellion. So american and korean government have to due state responsibility. And also person that had acted killing civilian according to order of authority have to due international responsibility.
So, the american and korean government have to compensate for the victims in Jeju 4ㆍ3 massacres case. The appropriate methode of compensation for the victims is to indemnity and satisfaction with an apology.
The United States Army Military Government(USAMGIK) ruled Korea from August 15, 1945 to August 15, 1948 and had the sole legal authority in Korea. There were massacres by american and korean troops in April 3, 1948 in Jeju island. At that time many people died in onslaught, about 30,000 or more people. The United States were, remain today, responsible for Jeju 4ㆍ3 massacres that occurred during that occupation.
This essay try to study Jeju 4ㆍ3 massacre in international law. Relevant international law to the Jeju massacres, for example, 'the Convention with Respect to the Laws and Customs of War on Land', 'the Convention on the Prevention and Punishment of the Crime of Genocide', 'Geneva Convention Relating to the Protection of Civilian Persons in Time of War of August 12, 1949', 'Protocols Additional to the Geneva Conventions' and 'Convention on the Non-Applicability of Statutory Limitations to War Crimes against Humanity' provide that genocide, crimes against peace, conventional war crimes, crime against humanity and breach of important clause of Geneva Conventions are international crimes. Respect to the law and customs of war provide that: Civilians who do not take part in hostilities shall be respected and protected; Attacks on military objects must not cause loss of civilian life which is excessive in relation to the concrete and direct military advantage anticipated; When launching an attack on a military objective, all feasible precautions shall be taken to avoid, and in any event to minimize, incidental loss of civilian life, Injury to civilians, and damage to civilian objects. And international humanitarian law applies with equal force to all the parties in an armed conflict irrespective of which party was responsible for starting that conflict. It comprises the whole of established law serving the protection of man in armed conflict.
Generally, state responsibility can regard as a general principle of international law. The requisite of state responsibility are breach of international duty, accountability, occurrence of damage, and intention or omission of violating state. And the violating state has duty reparation of responsibility. Reparations are restitution, indemnity, satisfaction and so forth. In Jeju 4ㆍ3 massacres case, american and korean government, american soldiers and korean soldier and korean policeman had violated relevant international human rights law and international humanitarian law in suppression of Jeju rebellion. So american and korean government have to due state responsibility. And also person that had acted killing civilian according to order of authority have to due international responsibility.
So, the american and korean government have to compensate for the victims in Jeju 4ㆍ3 massacres case. The appropriate methode of compensation for the victims is to indemnity and satisfaction with an apology.
목차
Ⅰ. 서
Ⅱ. 제주 4ㆍ3사건
Ⅲ. 제주 4ㆍ3사건에 관한 국제적 규율
Ⅳ. 제주 4ㆍ3사건에 대한 국제법적 평가
Ⅴ. 결론
〈ABSTRACT〉
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UCI(KEPA) : I410-ECN-0101-2009-360-018446900