남북 헌법체계의 규범적 소통을 위한 예비적 고찰 -남북공동합의서 기본강령과 남북한 헌법 전문을 중심으로-

This article is a preliminary study for the normative communication of the constitutional system between the two Koreas. The preamble and core contents of the 1992 ‘Inter-Korean Basic Agreement’ are evaluated. It analyzes and evaluates the basic contents of the representative agreements of the ‘Inter-Korean Joint Agreement’ from the ‘July 4 Inter-Korean Joint Statement’ in 1972 to the ‘September 19 Pyongyang Joint Declaration’ in 2018. This study evaluates the core contents of the ‘Inter-Korean Joint Agreement’ normatively in the main spirit of the Rechtsphilosophie. And it is a study that boldly proposes a list of norms that can be reflected in the preamble of the Constitution of the Republic of Korea and the preface to the Constitution of the DPRK. Its purpose is the normative communication of the constitutional system of the two Koreas. This is because the content of the ‘Inter-Korean Joint Agreement’ is a fundamental decision of the competent government authorities of the two Koreas. In order to carry out normative communication in the constitutional system of the two Koreas, one preliminary bold action is necessary. It is a put down (‘Habang’-the possibility of a peaceful leadership change) that takes the initiative of the Great leader’s power(Suryung) in the constitutional system of the DPRK. In addition, the core contents of the inter-Korean joint agreement are reflected in the preamble of the Constitution of the Republic of Korea and the preface to the Constitution of the DPRK. In the ‘Inter-Korean Basic Agreement’ in 1992, the government authorities of the two Koreas, specified inter-Korean relations as a ‘special relationship’ aimed at unification. Therefore, the governments of the Republic of Korea and the DPRK agreed and achieved the 1992 Inter-Korean Basic Agreement, the June 15 Joint Declaration in 2000, and the October 4 Joint Declaration in 2007. In addition, the April 27 Panmunjom Declaration in 2018, the May 26 Tongilgak Summit Meeting, and the September 19 Pyongyang Joint Declaration have inherited their normative meaning. In that sense, it is meaningful to approve the core contents of the already agreed ‘Inter-Korean Joint Agreement’ agreement as constitutional values in accordance with the ‘special relationship’ aimed at unification and prepare a list of norms. This study confirms the universal ‘legal thought of human dignity’ and the normative value, evaluates and prepares the full text and preface of the constitution system, especially (South) North Korea, in accordance with the universal natural law. In addition, in the representative ‘Inter-Korean Joint Agreement’, we selectively evaluate the core contents and propose an example list of norms that can be reflected in the preamble of the Constitution of the Republic of Korea and the preface to the Constitution of the DPRK. The normative list is human dignity, national dignity and interests, balanced development of the national economy,ｍutual assistance in presence and absence, equal rights to share profits, trust interests, and sovereign right to refuse war, independent peace.