남북한 간 인적교류 확대를 위한 법·제도적 개선방안 - 중국 해협 양안의 인적교류 경험을 중심으로 -

Abstract

It is necessary to prepare related conditions so that mutual exchanges and cooperation between the two Koreas can expand and continue through human exchanges even though the political tension caused by the different systems and ideologies. In the case of China and Taiwan, they form a cross-straits relationship, sticking to the principle of “One China” and use the ‘Straits Exchange Foundation’ and ‘Association for Relations Across the Taiwan Straits’ to implement related policies in advance that could lead to bottom-line human exchanges even in political and military tensions and in addition, they are taking the necessary measures to prepare the legal system. In other words, they perceive legal conflicts arising from cross-strait human exchanges as ‘Interregional Conflict of Laws’ that arise from the presence of two different social systems and origin (어원→기원) within “One Country.” They have established and implemented an ‘interregional judicial assistance’ system to solve this problem. In a situation where the inter-Korean relations have been severed for a long time, it is difficult for the government to directly participate in the process of exchanges and cooperation between the two Koreas. Therefore, it is necessary to establish and operate a ‘Private Negotiating Organization’, a kind of nonprofit foundation composed of government and private organizations, so that human exchanges can be possible. In order for inter-Korean human exchanges to take place in a bidirectional manner, bottom-line exchanges are needed from areas where mutual access is easy at this stage based on the principle of separation of political matters from economic matters. Also, in the inter-Korean human exchange, follow-up measures for human exchange should be made as soon as possible such as the issues of residents’ access and stay and safety of our people in North Korea. Above all, it is necessary to discuss ‘interregional judicial assistance’ considering the specificity of the relationship between the two Koreas in order to solve the civil and criminal problems that arise in the process of human exchanges.