분단이후 정부의 평화통일정책의 비교 및 헌법적 평가

The peaceful unification policy of all governments has been consistently maintained since the division of Korea in 1945. Constitutional law had not been inscribed any provision of constitutional on basis of peaceful unification policy till 1971, so presidential unification policy had been laid up as political question as ultra- constitutional law at those governments till the amendment of constitutional law in 1987. In actual, those governments had regulated or prohibited other suggestions or claims on unification policies being different from their government's unification policy through punishment violating national security law at that time. On the one hand, president Park did not allow any discussion on civil groups' and political parties' debate on the government unification policy during eighteen years ruling period. In particular, president Park and Commander Kim had acted in implicit collusion in order to strengthen their dictatorship respectively in 1972. On the other hand, governments, after amendment of constitution text, have made sense of as president's limited political question on peaceful unification policy taking into consideration of people's political support and democratic authority through political process in assembly. Because unification policy shall be equivalent to constitutional matter which would directly lead to all people's life and liberty and basic right that shall be legislative control on the condition of principles of national sovereignty and constitutionalism. In Korea constitutional history, I can abridge the relationship between constitutional norms and peaceful unification policy in the terms of degree of presidential political question below in the table so far. The seventh amendment of 1972 Constitution had in first constitutional provisions on a peaceful unification policy as following: there were “historical mission for peaceful unification of national land”in the preamble of text, and “president shall sincerely burden of the peaceful unification of national land” in article 43, and establishment of Advisory Council of Peaceful Unification in article 68 in Constitution Text. In final, unification policy under legislative control shall be limited constitutional principle of rule of law such as doctrine of proportionality and a trust protection doctrine and equality rule, in addition to the new constitutional principles for administrative action such as transparency rule and accountability rule and complementary rule. Constitutional Court and ordinary Court can review whether unification policy and its administrative actions may violate the limit of constitutionalism or be beyond the legal principle through those constitutional principles. Government constitution president power Degree of political question ['48-60]×beyond constitution highest ['60-61]×constitution higher [62-72]×beyond constitution highest [72-79]○ [3]beyond constitution highest [80-87]○ [4]beyond constitution highest [87-92]○ [6]constitutional highest [92-97]○[same]constitutional highest [98-02]○[same]constitutional higher [02-07]○[same]constitutional higher [08-12]○[same]constitutional higher