국제법상 인도에 반하는 죄와 이근안,수지 김 사건

Abstract

Mr. Lee, Keun An was a veteran officer in the police's antiespionage unit

and was notorious for torture master. He tortured many dissidents and suspects

during interrogation. He had suddenly disappeared in December 1988 and

turned himself to law-enforcement authorities after 11 year hiding. However,

prosecutors could not indict most of his torture crimes, as his statutory

limitations had already run out.

The so-called Suzy Kim murder case in 1987 was recently found to have

been fabricated as a North Korean espionage conspiracy under the initiative of

Mr. Chang, Se Dong, the chief of the state intelligence agency at that time.

Suzy Kim was killed by her husband, Mr. Yoon, Tae Shik in Hong Kong

while arguing over money matters. Later Mr. Yoon insisted that his wife,

Suzy Kim, was a North Korean female spy who had tried to kidnap him to

north Korea with her North Korean colleagues. Even though the intelligence

agency obtained Mr. Yoon's confession to the murder, Mr. Chang ordered that

the homicide be labeled as a public security case involving a North Korean

spy in consideration of political motives. Thereafter, Suzy Kims family

suffered bitter and unbearable insults and agony in Korean society. Even

though Mr. Chang's conspiracy was revealed, he could escape the punishment,

as the statutory limitations on the charges against him have already expired.

Some lawyers insisted that Mr. Lee, Kuen An and Mr. Chang, Se Dong

committed the crimes against humanity in international law, and any statutory

limitations in Korean domestic law should not be applied to their conducts.

This article examined whether the conducts of Mr. Lee or Mr. Chang could...