군인권문제의 해결에 있어서 국제적 인권조약(ICCPR)상 잠정적 보호조치의 활용 가능성과 그 방안

Abstract

Due to the special nature of being in the military, human rights violation victims in the military are often not remedied adequately for their human rights violations through domestic procedures. The fact that the law has been amended recently to allow civil courts to handle appeals in civilian courts rather than high military courts for some crimes related to military personnel shows that there have been insufficient remedies for violations of human rights in the military. The victims may seek help from the international community when domestic legal remedies for human rights violations are insufficient. The ICCPR has a wider scope of guarantee of basic rights compared to other human rights treaties among international human rights norms, with individual communication specified in Optional Protocol and interim measures regulated by Rules of Procedure of the UN Human Rights Committee (HRC). Although there are opinions that the view of the HRC is not legally binding, there has been recent cases in which the Korean government accepted the Committee’s view on interim measure that such cases will serve for HRC’s interim measures to be easily accepted by the domestic law in conjunction with administrative self-restraint principle and serve as the standard to increase the likelihood of redressing the rights of those who have suffered human rights violations.