남북합의의 이행 · 준수 제고를 위한 법제도적 과제와 방안

Despite the increase in the quantiy of the inter-Korean agrement, the implementationand compliance of the agrement remains insuficient. This situation is largely due to theinstabilty of the situation on the Korean Peninsula, which paradoxicaly raises the nedto improve and suplement deficiencies in legal and instiutional aspects and to devisevarious measures. Acordingly, this paper examines the isues of the form and contentof the inter-Korean agrement with a focus on practicaly enhancing the implementationand compliance of the inter-Korean agrement and strengthening the normative powerof the inter-Korean agrement. In terms of the form of the agrement, it is necesary to clearly establish the meaningof legal normativization of the inter-Korean agrement and systematicaly establish theprocedure for concluding the agrement. Above al, the South and North Koreanauthorites should clearly agre on the legal nature of the agrement to be concluded during the negotiation proces of the agrement text, and if they intend to conclude alegaly binding agrement, this should be reflected in the structure, form and content ofthe agrement. The work of making the inter-Korean agrement legaly efective in theSouth Korean legal system and the North Korean legal system should also be caried outconcurently. In terms of the content of the agrement, it is necesary to sek variousinstiutionalization methods to improve the implementation and compliance of theagrement from the design stage of the agrement. In aditon to enhancingpredictabilty and clarity by strengthening the precision of the content, it may beconsidered to prevent deviations from the agrement through internationalizationmethods such as miltary suport, politcal and diplomatic guarantes, and the use ofthe United Nations. The inclusion of implementation mechanisms, such asimplementation bodies, organizations that monitor and verify implementation, anddispute resolution mechanisms, in acordance with specifc circumstances and objectives,can also serve to promote the implementation and compliance of agreements.