남북관계 발전과 법제도적 과제

Changes in the Korean Peninsula and inter-Korean relations resulting from the inter-Korean summit and the North - American summit in 2018 will require a reorganization of the existing legislation for inter-Korean relations and a reorganization of legislation to cope with the new environment. This is brought up as a legal and institutional task due to the development of inter-Korean relations. Therefore, the legal institutional approach is a very necessary attitude while opening the new era of inter-Korean exchange and cooperation. This includes forming a legal basis for the identification of new legal relationships, as well as discussions on the law and order that have already governed inter-Korean relations. It is necessary to deeply recognize that discussions on constructive legal alternatives for the development of inter-Korean relations are important issues for establishing a stable basis for inter-Korean relations. It is expected that the promotion of exchange and cooperation between the two Koreas and the development of inter - Korean relations will inevitably change the laws and regulations that regulate the existing inter - Korean relations or prescribe to the other. We are well aware that inter-Korean relations laws have a conflict phase due to the ideological logic based on conflicting circumstances, due to special circumstances of inter-Korean relations. It is not easy to discuss the nature of the inter-Korean relations and the problems that arise from it, so it is necessary to gather rational wisdom in preparing the institutionalization plan for the development of inter-Korean relations. The legislative institutionalization measures that can be discussed in accordance with the expected changes in inter-Korean relations in accordance with the implementation of the ‘4.27 Panmunjom Declaration’ and the ‘9.19 Pyongyang Declaration’ focus on the following contents. First we look at the legal nature of the inter-Korean relations and the constitutional order. In particular, it examines the concept of the provisional special relationship of unification orientation and discusses the issue and the maintenance direction of the territorial clause (Article 3) and the unification clause (Article 4) in the current constitutional unification rule. Next, I will examine the legislative measures to secure the legal binding power of the North-South agreement. It is important to raise the normative power of the inter-Korean agreement in order to secure national consensus on the unification policy as well as trust between the two Koreas. It also refers to the direction of improvement of inter-Korean laws and regulations such as the South-North Exchange and Cooperation Act and the Inter-Korean Relations Development Act, which have been facilitated by inter-Korean exchange and cooperation. Finally, it is important to analyze the contents of the legislations in accordance with North Korea's recent domestic and foreign policy trends in establishing the direction of institutionalization of inter-Korean relations.