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법원 판결을 통해 살펴 본 국제인권조약의 국내 이행 -국제인권조약의 적용 여부가 문제된 사례를 중심으로-
A Review on the Internal Implementation of International Human Rights Treaties: Focusing on Cases in which the Court Examined the Application of International Human Rights Treaties
홍관표 ( Kwan Pyo Hong )
법학논총 32권 1호 81-102(22pages)
DOI 10.18018/HYLR.2015.32.1.081
UCI I410-ECN-0102-2015-300-002071127

As for internal implementation of international human rights treaties, it has a significant meaning whether the treaties concerned can be invoked before the courts in actual cases as much as whether they are incorporated into the domestic legal system. Many guidelines for preparing a country report in accordance with international human rights treaties stress the need of including cases where the courts have quoted the concerned treaties as a trial norm. It is also considered quite seriously in the process of reviewing such reports. Article 6 of the Korean Constitution prescribes that “treaties duly concluded and promulgated under the Constitution and the generally recognized rules of international law have the same effect as the domestic laws of the Republic of Korea.” Accordingly, any international treaties that Korea has signed and ratified can be applied to a domestic court case without legislation. However, apart from such legal ground, international human rights treaties have been invoked only in a limited number of cases, and therefore researches analyzing those cases have never been enough so far. For the purpose of analyzing the current state of internal implementation of international human rights treaties in court rulings, this study finds relevant cases through a keyword search based on seven international human rights treaties that Korea has signed and ratified among the Core International Human Rights Instruments mentioned on the website of the UN Office of High Commissioner for Human Rights (OHCHR) and tries to categorize the said cases by issue and type of application. With this approach, this article verifies a series of issues in applying the international human rights treaties by the courts and makes suggestions to consider for better implementation of such treaties in domestic cases. By doing so, it could contribute to inducing a progressive change of the courts in Korea to secure the legal effectiveness of international human rights treaties in the future.

Ⅰ. 들어가는 말
Ⅱ. 대상 판결의 선정 및 유형화 기준
Ⅲ. 국제인권조약의 판단의 기초로 원용된 법원 판결의 현황
Ⅳ. 문제점 및 개선을 위한 고려사항
Ⅴ. 맺는 말
[자료제공 : 네이버학술정보]
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