미래 한미동맹 발전을 위한 조약법적 검토 - 미군기지 정화책임을 중심으로 -

Although ROK-US SOFA was amended in 2001, many people still criticize the treaty for remaining unfair. Today in 2019, a change in the security environment of the Korean peninsula can be observed. Lately, the relationship between the ROK and the US is considered almost “peaceful”. Thus, this change shall be considered, when some thoughts on amending the Mutual Defense Treaty between ROK and the US as well as the ROK-US SOFA are drafted. Therefore, in this paper, some possible, conflicting points between the ROK and the US are discussed. First, the US’s exclusive right to dispose the US military “in and about the territory of ROK” needs to be limited to a certain degree for the ROK’s sake. This right given to the US by Article 4 of Mutual Defense Treaty between the ROK and the US is regarded unique; it cannot be found, for example, in Agreement between Philippines and the US concerning Military Bases, NATO Treaty, and the Sino-North Korean Mutual Aid and Cooperation Friendship Treaty. Second, the ROK must focus on inserting a crispy clear clause on clean up costs in ROK-US SOFA, and which is unfortunately lacking at the moment. US’s SOFA with such nations as Japan and Germany can be called for reference. If such cases are utilized successfully, ROK will get one step closer to fairer ROK-US SOFA, and which will ultimately pave the way for democratizing the ROK-US relations so that it transforms to be more balanced in the future.