유엔사의 DMZ와 MDL 통과 허가권에 대한 법적 검토

Abstract

The Korean War Armistice Agreement grants the United Nations Command(“UNC”) to have authority to cross Military Demarcation Line(“MDL”) or enter Demilitarized Zone(“DMZ”). Mostly the UNC has permitted to cross or enter. On June 2019, however, UNC unacceptably denied to enter a Guard Post situated in DMZ in Gosung County of Gangwon Province disregarding its purpose for promotion for peace. At this point, this article deals with UNC’s authority and any judicially effective measure against unfair UNC decision. Firstly, this article covers the current procedure on DMZ and MDL entrance. Even though Republic of Korea does not sign the Korean War Armistice Agreement, this Agreement has entered into legal effect as a treaty under Constitution of Republic of Korea. Nextly, the authority to permit is limited to purely military passage. United Nations Security Council Resolution which has been the ground for UNC establishment and the president of Republic of Korea, Syngman Rhee, granted only military command authority. On top of that, the Korean War Armistice Agreement assign UNC to permit all non-military passage by interpretation. In this regard, above-mentioned cases are evaluated as abuse of UNC authority. Nonetheless, it is not guaranteed to have judicially effective ways to appeal UNC’s unfair decision since it has international character. As a realistic and reasonable alternative, this article suggests a legislation between UNC and the Korea Government to defer state’s sovereignty. At the end, it is the most desirable to replace the Korean War Armistice Agreement to a peace treaty or a new arrangement leading to constitutional in terms of the Constitution article 3 and article 4.