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Research Report

A Mid-to-Long-Term Legal Study on the Formation of a Cooperative System and Peaceful Coexistence between the Two Koreas
  • Issue Date 2021-11-30
  • Page 353
  • Price 12,000
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Ⅰ. Backgrounds and Purposes
▶ Backgrounds of Study
○The two Koreas have recognized the principle of unification and the necessity and possibility of change in the transitional situation over the past 70 years, but specific actions are still fluctuating, but both the two Koreas have gradually expanded, although the need and breadth of mutual exchange varies from field to field.
○Regarding the normative basis for exchange and cooperation, the fact that legislative cooperation or related basic legislation, including legal reform between the two Koreas, has not been systematically responded to various problem situations in reality.
○There is a limit to responding to changes in external circumstances in the absence of a legal framework for peaceful coexistence and cooperation between the two Koreas, and legal interpretation and research on agreement and cooperation emerged in the process of unification of the two Koreas.
▶ Purpose of Study
○This study is starting with efforts to avoid the instability of cold and hot baths due to changes in domestic political and international circumstances, be wary of excessive optimism about unification, look back on the problems of inter-Korean exchange and cooperation-related legislation, and come up with effective alternatives in advance.
○Although the inter-Korean peace coexistence and cooperation tasks, which are more exogenous than Germany, dependent on international circumstances and political dynamics, should be conducted based on a more detailed legal and institutional basis, the Constitution and Acts.
○Therefore, as a characteristic of this research project, the focus is on systematically constructing the possibility of legal design that guarantees the stable continuation of peaceful coexistence by overcoming the difficulties of legal status of North Korea with duality in actual law provisions and precedents.
Ⅱ. Major Content
▶ Considerations for the domestic and international circumstances surrounding Korea and the improvement of legal system for the coexistence of peace and cooperation system
○Reviewing external factors of unification policy and North Korea policy
○Changes in the political environment at home and abroad surrounding inter-Korean relations and trends in related legislation
○Implications for improving legislation for peaceful coexistence and cooperation system establishment
▶ Comparative review of improving the peace coexistence and research for the cooperation system 
○The review of understanding cases in this study is being conducted from the following perspective as a preliminary review for the research in Chapters Ⅳ and Ⅴ.
-In this study, not only Germany, which has already experienced unification in the division accumulated through existing studies, but also the European Union from the perspective of forming governance for the unification process of the legal system and integration.
-Reviewing the laws and systems of US politics since the late 19th century, which forms the framework of a federal state after the Civil War, we want to see the blueprint for legal improvement for peaceful coexistence and cooperation from a new perspective.
○Integration of the European Union and cooperative governance of member states.
-The integration process of the European Union has been carried out step by step with numerous treaties and protocols, but the consistency of the permanent governance system that has led to the integration justifies the basic agreements, treaties, and demands for sustainable maintenance of related organizations.
-The formation of the European Union is meaningful in that it is a normative test and achievement for the development of an integrated order through a transnational law to the extent that it does not deviate from the domestic legal order and system harmony of each sovereign country.
○Experience in exchange and cooperation in Germany in the process of aiming for an integrated unified state
-The implications of German unification in the unification of the Korean Peninsula: Only when South Korea takes the lead in unification, actively embraces North Korea, and continues to integrate can the North Korean people make the revolutionary decision to choose South Korea at a decisive time.
○Analysis of the United States' integration process during the Civil War(1861-1865) and reconstruction process.
-In the United States, the era of reconstruction generally refers to the era of reconstruction of the federation after the Civil War that took place from 1861 to 1865. In American history, the era of reconstruction has an important meaning in terms of human rights of black people, but the process of unification of nations that suffered armed conflict due to division among the people. It also has a meaning as
-The implications for peaceful unification of the Korean Peninsula from the experience of the US reconstruction period are that it is necessary to faithfully establish the theoretical basis for separation of powers and limitations and the role of the state through the interpretation of the constitution for each unification scenario. A device is needed to increase the transparency and appropriateness of the use of
-In the process of unification, people's sovereignty and parliamentary democracy should be realized, and it is necessary to reorganize the martial law law for military rule in the transitional period and to reorganize the legislation for support measures to restore national homogeneity. Relations should be reorganized, and the legal system for support in North Korea by private organizations such as religious groups will need to be improved.
▶ Constitution, the principle of improving legislation for coexistence of peace and cooperation 
○《Securing the function of the Constitution as a norm》 and 《Unification as a process》are constitutional basis for improving the law for peaceful coexistence and exchange and cooperation between the two Koreas.
○Legislative design for the shape the Constitution about inter-Korean relations and cooperation.
○Constitutional interpretation and constitutional amendment criticism for peaceful coexistence and cooperation system between the two Koreas.
○There is a need to review the revised theories of Articles 3 and 4 of the current Constitution on the premise of understanding the theory of special relations between the two Koreas in a flexible form
Ⅲ. Expected Effects
▶ Academic contribution
○Constitutional research on inter-Korean relations on the premise of peaceful coexistence between the two Koreas has academic significance because it has not been studied properly in spite of related constitutional articles.
○In order to clarify the this study, the communication and discussion on international law, politics, and science of public administration must be added beyond legal research.
○Through cooperative research between academia and research institutes, policy meaning can be added in addition to academic value.
▶ Policy contribution
○In this study, we support the granting of constitutionality to unification policy through constitutional research on the deepened inter-korean cooperation system, which is an intermediate process in the road map for inter-korean relations and unification from a mid- to long-term perspective.
○This study aims to present the basic principles of promoting unification policy in enacting and revising the improvement of legal system and the establishment of cooperation system between South and North korea.