S-Space College of Law/Law School (법과대학/대학원) The Law Research Institute (법학연구소) 법학 법학 Volume 43, Number 1/4 (2002)
국제법상 인도에 반하는 죄와 이근안,수지 김 사건
Did Mr. Lee, Keun An or Mr. Chang, Se Dong Commit the Crime against Humanity?
- Issue Date
- 서울대학교 법학연구소
- 법학, Vol.43 No.1, pp. 159-179
- 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...