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고문방지협약 선택의정서 가입국 이행상황 및 가입방안 연구 : 2015년도 인권상황실태조사 연구용역보고서

고문방지협약 선택의정서 가입국 이행상황 및 가입방안 연구 : 2015년도 인권상황실태조사 연구용역보고서

자료유형
단행본
개인저자
최태현, 연구책임 김형구, 연구 이덕훈, 연구
단체저자명
한양대학교. 산학협력단, 연구기관
서명 / 저자사항
고문방지협약 선택의정서 가입국 이행상황 및 가입방안 연구 : 2015년도 인권상황실태조사 연구용역보고서 / 한양대학교 산학협력단 연구수행기관 ; 최태현 연구책임 ; 김형구, 이덕훈 연구
발행사항
서울 :   국가인권위원회,   2015  
형태사항
242 p.: ; 26 cm
ISBN
9788961144698
일반주기
부록: 1. OPCAT 조문에 대한 해설, 2. 국가예방기구 지침, 3. Question on OPCAT implementation in South Korea : elements of responses  
서지주기
참고문헌: p. 143-146
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245 0 0 ▼a 고문방지협약 선택의정서 가입국 이행상황 및 가입방안 연구 : ▼b 2015년도 인권상황실태조사 연구용역보고서 / ▼d 한양대학교 산학협력단 연구수행기관 ; ▼e 최태현 연구책임 ; ▼e 김형구, ▼e 이덕훈 연구
246 3 0 ▼a 인권상황실태조사 연구용역보고서
260 ▼a 서울 : ▼b 국가인권위원회, ▼c 2015
300 ▼a 242 p.: ; ▼c 26 cm
500 ▼a 부록: 1. OPCAT 조문에 대한 해설, 2. 국가예방기구 지침, 3. Question on OPCAT implementation in South Korea : elements of responses
504 ▼a 참고문헌: p. 143-146
700 1 ▼a 최태현, ▼e 연구책임 ▼0 AUTH(211009)74587
700 1 ▼a 김형구, ▼e 연구
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945 ▼a KLPA

소장정보

No. 소장처 청구기호 등록번호 도서상태 반납예정일 예약 서비스
No. 1 소장처 중앙도서관/법학도서실(법학도서관 지하1층)/ 청구기호 341.48 2015z4 등록번호 111762197 도서상태 대출가능 반납예정일 예약 서비스 B M

컨텐츠정보

목차

Ⅰ. 서 론 ·······················································1

Ⅱ. 고문방지의 역사와 발전 ······································3

1. 고문방지의 역사와 최근의 발전 ······································3
2. UN고문방지협약상 국제적인 이행감독장치 ····························5
(1) 국제적인 이행감독장치의 주요 내용 ·································5
(2) 국제적인 이행감독장치에 내재된 한계 ······························10

Ⅲ. OPCAT의 주요 내용 ·······································12

1. OPCAT의 구조 ····················································12
(1) 당사국에 대한 방문 ···············································13
(2) 예방적 접근방식 ·················································15
(3) 비사법적 특성 ···················································15
(4) 권고의 비구속력 ··················································16
(5) 협력의 원칙 ·····················································16
(6) 비밀유지 원칙 ····················································17
2. OPCAT의 범위 ····················································17
(1) 자유의 박탈(deprived of liberty) ··································18
(2) 공공·사설의 구금 ·················································19
(3) ‘박탈된 혹은 박탈 가능성이 있는’ / ‘시설과 설비’ ···················19
(4) 모든 구금장소 ··················································20
(5) 당사국의 관할 혹은 지배 하(under its jurisdiction or control) ······22

Ⅳ. 고문방지소위원회 The Subcommittee on Prevention of Torture
(SPT) ···························································24

1. 서론 ······························································24
2. SPT 개관 ·························································24
(1) 방지권한(preventive mandate) ····································24
(2) SPT 위원 ························································25
3. 조언의 제공 : OPCAT 이행과 정책 개발 ····························28
(1) OPCAT에 관한 조언 / 고문, 학대 등에 대한 감시 ··················28
(2) NPM 발전에 관한 조언 ···········································30
4. 구금시설에 대한 감독 ··············································34
(1) SPT가 임무를 행할 국가의 선택 ···································34
(2) 접근 : 동의와 통지 ···············································35
(3) SPT 방문 ························································35
(4) 국내적 임무의 수행(conducting an in-country mission) ············37
(5) 구금장소에 대한 방문의 일시적 연기 ·······························40
(6) 방문의 결과 ······················································41
(7) 후속방문(follow-up visit) ········································43
5. 외부와의 협력(cooperation with external actors) ····················43
(1) 고문방지위원회(Committee against Torture, CAT)와의 협력 ········44
(2) 기타 UN 기구와의 협력 ···········································45

Ⅴ. 국가예방기구(NPMs) ········································47

1. 서론 ······························································47
2. NPM의 설립 ·····················································48
3. 직무수행 방법 ·····················································49
(1) 예방적 접근방식(preventive approach) ·····························49
(2) 방문 방법론(visiting methodology) ································50
(3) 구금장소 방문 이외의 기타 ········································51
4. NPM의 활동 ······················································52
(1) 방문 ·····························································52
(2) 방문보고서와 권고 ················································54
(3) 연례보고서 ·······················································55
(4) 법 제·개정에 대한 견해 표명 ······································56
5. 자원 ······························································57
(1) 재정 ·····························································57
(2) 인적 자원 ························································57
(3) 물적 자원 ························································59
6. 내부 조직 ·························································59
7. 외부와의 관계 ·····················································60
(1) 정부당국과의 관계 ················································60
(2) 국내 관련 기구(기관)와의 관계 ····································60
(3) 시민사회와의 관계 ················································60
(4) SPT와의 관계 ···················································61
(5) 국제적·지역적 기구와의 관계 ······································61

Ⅵ. 각국의 이행현황과 가입을 위한 조건 분석 ····················62

1. OPCAT 당사국의 이행방식 ········································62
(1) NPM(s)의 지정 또는 설립 ········································62
(2) OPCAT 이행방식 ·················································63
2. OPCAT상 NPMs 요건의 충족 ······································64
(1) 독립성 ···························································64
(2) 구성의 다양성 ····················································65
(3) 모든 구금장소에 대한 접근 보장 ···································66
(4) 정보에 대한 접근 보장 ············································66
(5) 사람에 대한 접근 보장 ············································66
(6) 보고서 및 권고 ···················································66
(7) 입법에 관한 견해표명 ·············································67
(8) 특권, 면제 및 보복으로부터의 보호 ································67
(9) SPT와의 직접적 접촉 ·············································68
3. 현행 감독기구에 대한 평가 및 구금장소의 목록 작성 ·················68
4. NPM(s) 선택방안에 대한 논의 ·····································70
(1) 고문방지관련 활동단체와의 논의 ···································70
(2) 가장 적절한 NPM 선택방안에 관한 협의 ···························73
5. NPM 선택방안의 결정 ·············································75
(1) 새로운 전문기구 ··················································76
(2) 국가인권기구(NHRIs) ············································77
(3) 국가인권기구(NHRIs) + 시민사회조직 ·····························81
(4) 복수의 기구 ······················································82
(5) 기타 기구 ························································84
6. NPM 임무에 관한 법 제정 ·········································96
7. OPCAT의 비준 및 이행에 대한 지역별 경향 ·························98
(1) 비준의 이유 ····················································100
(2) OPCAT의 당사국이 되는 이유 ···································101
(3) 미가입국의 미가입 이유 ·········································103

Ⅶ. 대한민국의 가입방안 모색 ··································105

1. 대한민국의 OPCAT 가입 필요성과 현 상황 ·························105
(1) 구금시설 등에서의 부당한 처우 ··································105
2. OPCAT 가입의 이유 ··············································107
3. 당사국의 이행상황과 관련한 국내적 함의 ···························109
(1) OPCAT에의 가입 및 이행의 방식 ································109
(2) 정치적 의제로의 추진 ···········································111
(3) NPM 선정을 위한 전제조건 ······································112
4. 가입 시 고려해야 할 사항 ·········································112
(1) 정책적 결정사항 ················································113
(2) 입법적 사항 ····················································119
(3) OPCAT 가입 및 NPM 지정을 위한 단계별 조치 ···················138
5. 대한민국 가입 시의 순기능 ·······································139
(1) 구금장소에 대한 감독과 투명성의 제고 ···························139
(2) 법적·정책적 제도의 개선 ·········································139
(3) 고문방지 관련자들의 역량 강화 ··································139
(4) 고문 관행의 완전한 종식 ········································140
(5) 정보공개의 완성 ················································140

Ⅷ. 결 론 ·····················································142

참고문헌 ···························································143
부록 1 ·····························································147
부록 2 ·····························································230
부록 3 ·····························································236

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