남북정상회담 판문점 선언의 법적 성격과 효력에 관한 고찰

Article 6 (1) of the present Constitution recognizes the validity of the treaty in domestic law by stipulating that “the treaties concluded and promulgated by the Constitution and generally accepted international laws have the same effect as domestic law” and It stipulates the treaty that must be passed by the National Assembly. The treaty under international law can be said to be “a written consensus among the subjects of international law.” This can be regarded as a treaty based on documents signed by not only the state but also other international legal entities. Shall also be treated as a treaty if both parties establish legal rights and obligations under international law by giving legal effect thereto. Whether or not the Panmunjom Declaration falls under the Treaty requiring the consent of the National Assembly under Article 60 (1) of the Constitution shall be determined according to the nature of the Panmunjom Declaration. The provisions of the Panmunjom Declaration are as follows: “Among the treaties listed in Article 60 of the Constitution, there are” treaties for imposing a serious financial burden on the state or the people “, while there are articles requiring the maintenance of domestic legislation for the implementation of the treaty. Treaties on the legislation “.In addition, the Panmunjom Declaration is also applicable to the Inter-Korean Agreement as stipulated in Article 21, Paragraph 3 of the 「Act on the Development of Inter-Korean Relations」. With regard to the legal effect of the Panmunjom Declaration, the Panmunjom Declaration is equivalent to a treaty or inter-Korean agreement that is eligible for consent by the National Assembly, and if the government obtains the consent of the National Assembly, it has the same effect as the law. Even if the Panmunjom Declaration does not get the consent of the National Assembly, the treaty should be regarded as having the same effect as the National Assembly, regardless of the consent of the National Assembly. Following the declaration of Panmunjom on April 27, the summit of the two Koreas hold the second summit on May 26 and promised that to hold the high-level talks, military-level talks, inter-Korean Red Cross talks between South and North Korea. It is urgent to give legal effect through the consent of the National Assembly to the Panmunjom Declaration for the peaceful settlement and prosperity of North and South Korea and for the establishment of a cornerstone for unification.