헌법상의 남북관련조항에 관한 연구-헌법 제3조와 제4조의 헌법해석론 관점에서-

다국어 초록 (Multilingual Abstract)

The 21th century is when globalization becomes general all over world What our technique has brought us is the fact that the only word is not a certain nation's property, not to mention a certain union's, but that our world exists in the age of peace, where all nations get along Of course, the meaningless sacrifices caused by local warfares makes the humankind feel pain Nonetheless Will the efforts for world peace continue, and consequently, the era of reunification, bringing peace to our nation is drawing rear
If our efforts for peace and unification must continue, it is meaningless to ask that this has to be done In the area of our constitution The constitutional law already legalizes some articles based on this The current constitutional law proclains through territorial article that the korean peninsula is our tern tory, This territorial article ascertains the certain boundary of our nation, consequently forming the nation's Identity, This is simultaneously a preparation for the unification in our near future Through this article, our consitutional law ascertains the principle of unification In our words, the principle that unification was to be based on the liberal-democratic order formed on the basis of people's agreement,
But the reality does not form the atmosphere to pursue the constitutional order If the constitutional reality violates the substantial core, crossing the line beyond the Innate restrictive characteristics of its own, it is evidenty violating the constitution
The meaning within the desision of 'National Security Act' Indicator in solving the problems of realty According to this, the principle gl anted to us is, cannot change under liberal-demociatic order which our constitution pursues And that anything beyond this cannot be accepts even In the matter of south and north, and unification
Therefore, discussion and people's agreement has to be limited In the constitutional order When we come to this part, we must always consider a certain limit that exists between the constitutional law and the government But one thing is evident, As Germany enacted basic laws and articles for their unification, our constitutional law is already accepting peace-unification and order.

참고문헌 (Reference)

1 "헌법 제3조(영토조항)의 해석," 법문사 849-869, 1999

2 "인터넷시대의 헌법학" 대명출판사 2002

3 "영토조항의 통일지향적 의미와 가치" 7 (7): 131-168, 2001

4 "영토조항과 평화적 통일조항" 10 : 6-15, 2001

5 "민주주의개념의 전개와 인정의 문제" 3 (3): 31-53, 2001

6 "ge des Verfassungsrechts der Bundes- republik Deutschland" Aufl., 20 : 1999

7 "Grundgesetz Kommentar" Stand 1999