한반도 정전체제 하에서 비무장지대(DMZ)의 평화적 이용에 관한 국제법적 검토 ‒한국정전협정상 DMZ 관련 규정의 해석을 중심으로‒

The Korean Armistice Agreement of 1953 established a Demilitarized Zone (DMZ) as a buffer zone with the aim of preventing the recurrence of hostilities. The Agreement obliges the parties to refrain from hostile acts in the DMZ, to maintain it in a demilitarized state, and to prohibit entry by any person, military or civilian, except those engaged in civil administration and relief or those authorized by the Military Armistice Commission. While the DMZ remains the core space in which the armistice regime operates and where military tension is most concentrated, this very condition has paradoxically generated persistent calls for its peaceful use. Various proposals and limited agreements have been advanced, yet few have been translated into sustained implementation or institutionalization. Against this background, recent legislative initiatives in the National Assembly of the Republic of Korea concerning the peaceful use of the DMZ have brought renewed attention to the legal framework governing the area. By presupposing that the Korean government may exercise authority over entry into the DMZ for peaceful purposes, these bills raise fundamental questions regarding the existing armistice-based authority structure and allocation of powers. This article examines the peaceful use of the DMZ under the armistice regime from the perspective of international law, with particular emphasis on the interpretation of the DMZ-related provisions of the Korean Armistice Agreement. It analyzes the legal status of the DMZ and the structure of authority for its management and control. It then addresses the interpretative issues raised by proposals for peaceful use, focusing on the question of authorization for entry and applying the general rules of treaty interpretation. Finally, it classifies different forms of peaceful use and, in light of treaty interpretation, assesses the extent to which they may be accommodated within the existing armistice framework and the point at which they would exceed its limits.