북한의 법적 지위에 관한 연구

Abstract

The June 15th South-North Joint Declaration enjoys a positive appreciation in respect of preparing a springboard for the age of reconciliation and cooperation from South-North confrontation by agreeing to 5 clauses such as the independent settlement for the reunification matter, the reunion of dispersed family members, the recognition of common feature between union system and confederation system for South and North, the revitalization of interchange in economic cooperation and various fields, the resumption of inter-authorities dialogue. However, last year a feverish controversy about nuclear development and human right of North Korea was developed between the conservatives who support a hard-line policy against North and the progressives who criticize the American pressure policy against North in our society, such ideology dispute between the conservative and the progressives is never desirable in respect that it might eventually lead to the internal disunion and the exhaustion of national strength.

There are differences shown in the definite means and approach method although the general aspect of human rights and the aiming objective with our policy toward North Korea in the progressive position seem to be the same as they hope the improvement of human rights.

This study presents an analysis theory of reality and logic in the system of South-North relationship law as an alternative forecognize the political entity of North Korea to be a party for South-North talks able to back up the permanent and concrete practice of South-North interchange with the preservation of our national land and the more solidification of basic order for freedom and democracy at the same time, while it deals with the validity of constitutional territory clauses, the anti-national organization clause of the National Security Law, the simultaneous entry of both Koreas into the UN in 1991, the characteristic of South-North basic agreement and the June 15th South-North Joint Declaration, the meaning of Northern Limit Line(NLL) in the Western Sea and the status matter for escapees from North mainly around the system of our domestic laws of the Republic of Korea, and analyzes and criticizes the emptiness and inconsistency of political assertion beyond the constitutional foundation.