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통일 후 바람직한 토지정책방향 : 특히 북한토지의 처리와 관련해서
제성호 中央大學校 法學硏究所 2005 法學論文集 Vol.29 No.2
It would be very important and difficult how to deal with the land ownership which has been illegally confiscated by North Korean authorities during the division era after the Korean unification. We should make an synthetic approach to this delicate issue in securing not only the rule of law but also stabilization of North Korean economy and ordinary people's livelihood condition. It is proper that the privatization of unlawfully confiscated land in North Korea should be gradually managed in the framework of effective utilization of the North Korean whole land. In relation to this, it is quite necessary that unified Korean government make out solid masterplan on progressive privatization of land ownership in broad and wide perspective. The basic principle could be adopted that building land is given preference to the residents while farm land is given preference to the farmers. Also the unified Korean government should deeply consider main land policy issues plan, such as a strong ban of dealing in real estate for a interim period, the establishment of the body for the land privatization, and the legal mechanism for the settlement of land ownership dispute, and an approval of the vested right on land lease of foreigner-owned enterprise.
諸成鎬 水原大學校 1990 論文集 Vol.8 No.-
Under contemporary international law, international organizations are accepted as subjects of international law. International organizations, including the United Nations, enjoy independent and autonomous legal personality even if the basis of their existence lies in the consent of states. As a legal person under international law, the United Nations has the capacity to conclude treaties with states or other international organizations, administering authority under the trusteeship system, locus standi before international courts, the right to pursue international responsibility(above all the right to international claim)and the privileges and immunities necessary for its effective functioning. Such legal personality of the United Nations is recognized in the United Nations Charter, advisory opinions delivered by the International Court of Justice and supported by the subsequent practices and writings.
백진현(白珍鉉),제성호(諸成鎬) 한국전략문제연구소 2002 전략연구 Vol.9 No.2
Verification is one of the most difficult. important and complicated issues in the process of arms control. Verification is not just a technical. military issue but a complex process involving economic. financial and political dimension as well. Despite the complexity and importance of verification. there has been little in-depth studies about verification: its concept, nature. functions. and its specific methods and strategy. Particularly. there has been almost nothing on the domestic. institutional aspect of verification. This study is concerned with the domestic institutional aspect of verification. As a result of the inter-Korean summit and consequent resumption of dialogue between North and South Korea. there has been growing interests for verification as an essential process of arms control. Against this backdrop. the study intends to focus on the issue of verification. in particular what should be the most effective and efficient domestic system to implement the task of verification and what legislations are required to this effect. Verification, in general. has at least four functions. These functions include: first. insurance against significant surprise or "breakout" (in other words. sudden unilateral abrogation of an existing agreement): second, confidence-building between the adversaries: creation of political support for arms control: and fourth. guidance for drafting better arms control treaties. Our approach to verification in the North-South arms control negotiation should bear these four functions in mind. In particular. the following four principles should be stressed. First. despite North Korea's negative attitude toward verification in general. any arms control agreements with North Korea must include an effective verification provision. without which they cannot obtain the needed domestic support. Second. however. it is important for the South to be flexible about the specific methods of verification. given North Korea's sensitivity to verification. Third, gradualism and pragmatism should be a guiding principle in negotiation on verification. Too ideal or ambitious approach to verification. such as demanding a strict form of challenge inspection in the absence of minimal element of confidence. can easily lead to the collapse of arms control negotiation. Fourth. no efforts should be spared to obtain the domestic support for the relevance and validity of the adopted arms control methods. What kind of domestic institutional mechanism is needed in deciding and implementing verification strategy? There can be two kinds of approach to this question. The first is to make use of the existing standing committee of National Security Committee (NSC). which requires no new legislation or establishment of new institution. The standing committee of NSC would be in charge of arms control and verification affairs which involve and affect the interests of various government department and agencies. The second approach is to set up the Arms Control Commission under the office of Prime Minister. and let this commission in charge of planning, deciding. and implementing arms control matter. This option obviously requires new legislation. but such new institution may be useful when arms control would become a serious. real issue. Finally. whichever option is adopted. the current Office of Arms Control and Verification and Inspection Agency within the Ministry of Defence should be strengthened and restructured when North-South arms control proceeds in earnest.
( Seong Ho Jhe ) 서울대학교 아시아태평양법연구소 2006 Journal of Korean Law Vol.5 No.1
This paper argues that the adoption of the four major inter-Korean agreements on economic cooperation shows that barriers to inter-Korean cooperation and building an inter-Korean economic union can be overcome through dialog and cooperation. Faithful implementation and observance of these agreements is expected to stimulate inter-Korean economic cooperation and push forward the implementation of other agreements made between the two Koreas. However, many areas in the Four Major Agreements are incomplete. Thus, there must be clarification through measures or even deletions of ambiguous clauses that could block implementation. At the same time, specific and actionable follow-up measures need to be introduced to ensure implementation.