평화통일과정에서 헌법적 문제와 과제 : 현행 헌법의 주요 논쟁점과 통일정책을 중심으로

The current Constitution of the Republic of Korea is only the justification for a peaceful unification and its normative direction, cause of concrete method of unification and unification procedure is not specified, when the real unification is break out, there is no consensus about whether to achieve unification with legitimate by the Constitution. What the constitutional task and problem which we can predict when the unification process arise, are territorial clause, peaceful reunification and unification by agreement, constitutional preparation for unification agreement, congress’s role and limitations for constitutional tasks in unification process. Considering those matters, territorial clause of the current constitution is inconsistent with the clause of peaceful reunification in constitution. If there is need for change territorial clause in the current Constitution, we can consider the situation think after unification. The relationship in peaceful reunification and unification by agreement is following consultations with North Korean regime who can represent North Koreans people whether unification through absorption. So, the rules of the constitutional principle and norm must be matched in liberal democracy and the rule of law in unification process. In that time, prerequisite is needed for the change of North Korea’s constitutional system. Unification agreement which can be regulate the actual contents of the post-unification constitution, it must be maintained basic principles of the current Constitution with complementary contents which can be guaranteed of North Korean people’s interests. On the device and conclusion of treaties of constitutional matters, it will be more better consider its confirmation in congress when we consider the efficiency of the unification process. The role of congress is very important in the unification process, because of it is relate to the political decisions in pursuance of unification policy. Therefore, political considerations should be exercised in the constitutional principles. Some elements of an agreement between the two Koreas, can be appear in the unification process, will be look by party politics through two Koreas.