‘남북기본합의서’의 규범적 의미와 그 적용에 관한 일고찰

The South and North Korea has agreed to ‘peaceful unification of nation’ and ‘national prosperity’ by adopting the Basic Agreement between Inter-Korean. We need to approach by normative level if we wish to make the relationship of the South and North Korea to a peaceful coexistence. In other words, The South and North Korea should establish the Constitutional Law or legal-institutional normative power for the implementation tasks of the Basic Agreement System between Inter-Korean. And we also need a new Strategy of improving the South and North Korean relationship which combine the mutual interaction of the legal system and political system to practice concretely implementation tasks which had been agreed before. For this strategical design, we reviewed the legal status of the Basic Agreement System between Inter-Korean which takes a position in the South and North legal system. Through this process, we proved legally the fact that the Basic Agreement between Inter-Korean interrelates with 6․15 Declaration and 10․4 Declaration rather than they mutually conflicts. Furthermore, we should not forget the fact that the Basic Agreement System between Inter-Korean aims to do not only the establishment of national community and peaceful unification but also the building of the East-North Asia peaceful Regime and contribution to the worldwide peace. We should remember that ‘peaceful unification of nation’ and ‘national prosperity’ is only possible when the South and North Korea initiatively develop the South and North relationship. Finally, we emphasize that the 19thNational Assembly and next Government should actively promote the contract of the 2nd Basic Agreement between Inter-Korean which has been more upgraded by reflecting spirit of the Basic Agreement System between Inter-Korean and changed present circumstances.