남북교류협력 재개와 신한반도체제 구축을 위한 법제정비방안: 통합이론에 기초한 접근

Abstract

International integration aims for maintenance of peace, development of economy and enhancement of welfare between the conflicting and disputing states in a region. Integration theory for international integration consists of three approaches. First, functional approach is based on an optimistic view that the benefit of economic and technical will generate spillover effects in other issue areas. Second, federalism approach hopes to accomplish resolution of conflicts and prevention of disputes by the political arrangement. Third, neo-functionalism admits that it would be difficult to separate economic issue from political issue so that it seeks the establishment of formal institutions that can impose and uphold agreement made by states. The unification policy of North and South Korea have confronted with each other because North Korea keeps the position of obstinate political federalism and South Korea maintains functional economic cooperation approach. However, after the 2018 Panmunjeom Declaration, the two Korea's unification policy meets finally at the neo-functionalism from the view point that two Korea government commonly not only aims to accomplish the declaration to end the Korea War and to conclude peace treaty but also economic prosperity through dissolution of international and national sanctions against North Korea. Change of theoretical approach on the integration of Korea peninsula should secure legal stability and predictability by the sweeping reform of legislation concerned. On the other hand, the legislation which deals with inter-Korean relations should be reviewed in terms of integration theory to clarify what kind of laws are needed and what aims should be pursued by those laws at a certain stage of integration. Integration of Korean peninsula requires important mechanism to ensure that all the relevant parties do not defect from their legal commitment under enabling legislation. This paper aims to categorize the legislation on inter-Korea relations into federalism legislation, functionalism legislation and neo-functionalism legislation, and proposes new laws and acts which are needed near future in terms of constructivism. Through this effort, South Korea could prepare harmonization of unification laws and grasp the whole road-map of Korea unification from the view point of legislation.