남북한 통일합의서의 법적 쟁점과 체결방안 = Study on Legal issues and the conclusion of unification agreement between the South and North Korea

다국어 초록 (Multilingual Abstract)

The unification of the South and North Korea is not returning to the state as before division, but a process to create a new state - community. The conclusion of unification agreement between the South and North Korea will be required whenever the unification of the South and North Korea would be achieved in form of agreement between the South and North Korea, or enlargement of the South Korea`s constitutional order to th North. The unification agreement between the South and North Korea is on the assumption that The unification of the South and North Korea should be based on free - democracy and principal of rule of role according to constitutional law of the South Korea. It will materialize the idea and principal of the united nation. In the aspect of procedural law, the unification agreement between the South and North Korea should abide by the process of revision of constitutional law, which give it democratic legitimacy. The unification agreement between the South and North Korea will observe the law for the development of the relationship between the South and North Korea, and obtain the consent of the National Assembly. It would be useful to achieve a peaceful unification that the unification agreement between the South and North Korea would be deposited with the United Nations. In the aspect of substantial law, the unification agreement between the South and North Korea should prescribe basic principal, time and method in unification. It should contain the name and flag of united nation, establishment or revision by constitutional law, formulate the National Assembly and Government. The unification agreement between the South and North Korea will include application of law, administration and judicature of two Koreas, temporary measures in the n area of the North Korea,restructuring of the army of the North Korea, and so forth. The normative standard on the procedural and substantial aspect which unification agreement between the South and North Korea would present will be available not only in Exchange and cooperation between the North and South Korea, but also in the process of peaceful unification and for the legal integration after unification.