남북기본합의서의 법적 성격과 헌법상 지위에 관한 연구

Since South and North Korea separately established the Republic of Korea and the Democratic People's Republic of Korea (DPRK) after division in 1945, they have fought the fierce competition of systems and the two Koreas are ideologically opposed to the reality that continues today. In the meantime, the two Koreas adopted important agreements such as ‘7･4 South-North Joint Declaration’, ‘the Basic Agreement of Inter-Korea’, ‘6･15 South-North Joint Declaration’, ‘10･4 South-North Joint Declaration’ after the blackout on July 27, 1953. In particular, ‘the Basic Agreement of Inter-Korea' signed between North and South Korea on December 13, 1991 was the first official document agreed with the legal rules in the inter-Korean relations. The South and the North Korea have agreed to admit a divided reality with agreement of the special relationship between the internal ethnic-oriented unification in the document of ‘the Basic Agreement of Inter-Korea.’ It was assessed as the default bill and reunification conduct presented the improvement of inter-Korean relations and the peaceful reunification of the Korean people in order to overcome the division. However, it was soon discarded documents due to the North Korean nuclear problem even before the implementation of its contents. Although it was temporarily restored the political status due to ‘6･15 South-North Joint Declaration’ of Kim Dae Jung government in 2000 and 10･4 ‘South-North Joint Declaration’ of Roh Moo-hyun government in 2007, they all became obsolete in the Lee Myung-bak and Park Geun-hye governments because of the North Korean nuclear tests and satellite experiments. The main purposes of the present study is, even if it does not demonstrate the effectiveness of‘the Basic Agreement of Inter-Korea’ because of the political situation in the domestic and international terms, to consider its normative meaning and value.