평화통일 관련 입법에 대한 헌법적 평가

The Korean Constitution shows peaceful reunification based on the liberal fundamental order as a constitutional standard of the unification of the Korean Peninsula. Also it provides that not only the Korean Peninsula but also islands are Korean territories. At the same time North Korean Constitution provides peaceful reunification as a basic principle of the unification so that both North and South Korea insist that the unification of the Korean Peninsula must be peaceful. There were already lots of studies about the unification of the Korean Peninsula in parts of public law especially constitution. Particularly ‘liberal fundamental order’, the meaning of ‘peaceful’, and the territorial bounds. There were also a large number of researches about Constitutional order in the unification of Korea. But relatively there were a few results that some provisions provided for the unification would be suitable for the constitution or not. Partially some constitutional scholar studied that provisions related to the unification were adapted to the constitutional standards or ran counter to them. These were also very restricted only in special case in the Korean Peninsula. The unification is a task that people have to perform as the sovereign. First of all it is necessary that there is a national consensus about the unification, without this, legislations and policies of the unification would be restricted. Legislators authorized the constitution have to observe and improve constantly legislations and provisions for the unification as a fundamental task of the sovereign.