2019년 국제법 중요판례평석

초록

This paper reviews 6 cases dealt with in the Constitutional Court and other Courts in 2019. The first one concerns the international legal nature of the 2015 agreement on the questions of Japanese army comfort women victims between Korea and Japan. In the case, the Constitutional Court decides that the agreement is a non-binding political agreement which could not be a basis for claiming a constitutional petition. In the disclosure of diplomatic information case, the Supreme Court decides that, in light of the nature of the information and the stage of making the treaties, it is not acceptable to disclose diplomatic information in this case. It seems that in two refugee cases, the lower Courts follow the jurisprudence of the higher Courts. Finally, two sovereign immunity cases are dealt with. One concerns the contract of employment and dismissal. The other concerns a case claiming rights against the immovable property used by the diplomatic mission. In both cases, the lower Courts follow the restrictive sovereign immunity doctrine endorsed by the Supreme Court. In particular, in the latter case, the Court decides that the sovereign immunity applies to the proceedings against the premises of the diplomatic mission if the proceeding interferes the exercise of the diplomatic sovereignty of the sending State. But, the Court accepts that it is able to rule on the determination of rights on the immovable property used for the purpose of diplomatic mission, if it does not incur enforcement on the property.

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