법 체제를 통한 한반도 평화연구 = A New Legal Regime for the Korea Peninsula Peace Making

다국어 초록 (Multilingual Abstract)

Termination of war by conclusion of a peace treaty is one of the typical institutions of international law. The task and function of peace treaty was to achieve a durable accommodation and reconciliation between former enemies, and oblivion and amnesty for the criminals of war. Besides the termination of the armed hostilities and violence, the other main function of a peace treaty is to establish a new order which, regardless of rights or wrong, insured stability, security and tranquility.
In case of Korea War, although armed conflicts and violence have been stopped between the parties by the Korea armistice treaty which was concluded in 1953, but there is still no peace treaty for permanent peace and prosperity of Korean nation. Actually, an armistice treaty has in principle no legal bearing on the termination of a state of war and conditions of a peace treaty. Moreover, an armistice treaty can be a obstacle to conclude a 'real' peace treaty. The present time, the state of non-belligerent in Korea does not maintained by Korea Armistice treaty, but the principle of international law such as prohibition of war. So, a legal regime for the durable accommodation and reconciliation between former enemies is needed in Korean peninsula. However, a legal institution for the permanent peace and prosperity of Korean nation should be surpass a 'mere' peace treaty. It means that the new peace regime for Korea Peninsula should be based on a modern peace treaty, which reflect new peace notion including human welfare and good governance. Because, in modern sense of peace, treaties should try to achieve more than the cessation of hostilities. They endeavored to construct a new political order and to restore good neighbor relations and friendship. In Korean peninsula, it even include the frame work for the unification of former South and North enemies. For this reason, a durable state of non-belligerent shall be secured by Inter-Korean basic agreement concluded in 1991 between the two Korea, after that each parties can discuss next step for more close relationship including a low dimension of federation or confederation as a kind of composite State in the process of final Korea unification.
In relation to the parties of legal peace regime, although, normally the belligerent powers are the parties to negotiate and conclude a peace treaty, either bilaterally or multi-laterally, States, which had not participated in preceding war, but were at the same time indispensable for the establishment of workable and effective post-war peace regime of the region, may enter into the process of negotiation. However, 'Korean Type Peace Treaty' should be formed two tract of treaty system, such as a "Basic agreement for Korea Peninsula Peace" and a "North East Peace Treaty" which aims at establishing a broad and permanent new peace regime in North-east Asia. In the latter treaty, U.S., China, Russia, and Japan can be parties with the two Koreas, but not be parties of the former agreement, which will be concluded between South and North Korea.
The legal regime for a Korea peace deserves to be called a real peace regime only if it eliminates the causes for a future war permanently and it includes a basic agreement for a new beginning in the mutual relationship between South and North Korea toward Korea Unification.

목차 (Table of Contents)

• Ⅰ. 서론
• Ⅱ. 법적 의미에서 한반도 평화체제
• Ⅲ. 한반도 평화체제구축을 위한 냉전적 법제도의 해체
• Ⅳ. 한반도 평화체제를 위한 법규범체제의 수립
• Ⅴ. 결론
• 저자소개
• Abstract