남북관계 법제의 발전과 한계

다국어 초록 (Multilingual Abstract)

  Legal system of relation between South and North Korea was established materially in Roh Tae Woo government after 1987 Constitutional revision, and the laws increased and developed in Kim Dae Jung and Roh Moo Hyeon government both quantitatively and qualitatively.<BR>  Above all, Law on Development of Relation between South and North Korea enacted in late 2005 was expected that it will give a certain order and system to a legal system of relation between two Koreas which remained uncertain at that time.<BR>  Enactment of the law has following meanings;<BR>  Firstly, even though the law is not perfect, it becomes to serve as a basic law to regulate relation between two Koreas at this stage.<BR>  Secondly, through this law, a question on the legal nature of relation between two Koreas was advanced partly.<BR>  Thirdly, various talks and actions of interchange and cooperation between South and North Korea will be supported legally and carried out clearly.<BR>  But, it has following problems;<BR>  Firstly, in spite of this law, all the agreements between South and North Korea don"t have effects as laws.<BR>  Secondly, a nature as a basic law is not certain either.<BR>  Thirdly, the nature of relation between South and North Korea called as ‘special relation between South and North Korea’ is not legally clear as before.<BR>  This law has limits originally that reflect uncertain, temporary and vague relation between South and North Korea by nature. Although many people have expectation for this law, it is true that this law is not quite satisfactory so as to arrange the legal system of relation between South and North Korea perfectly. For some days it needs to be revised and supplemented in various ways.