북한의 ‘남북 간 체결된 합의 무효 선포 및 남측 자산 동결·청산 선포’에 대한 법적 검토

Abstract

North Korea's 2016 “Proclaim on invalidity of Inter-Korean Economic Cooperation Agreements” can be regarded as a “denunciation of Inter-Korean Economic Cooperation Agreements.” If the legal nature of the inter-Korean agreement is a treaty under international law, it is necessary to abolish the treaty recognized under the Vienna Convention and International Customs Act. On the other hand, North Korea did not join the Convention, but the North Korean Treaty Law stipulates the denunciation of the treaty, which allows the treaty to be abolished in accordance with North Korea's foreign affairs procedures. However, the legal character of the inter - Korean agreement is not explicitly recognized as a treaty concluded between the two Koreas. Thus, it is difficult at present to examine whether the inter - Korean agreement is based on a treaty and has followed the process of denunciation the treaty. Therefore, the issue of invalidation or denunciation of the inter-Korean agreement is subject to reviewing the validity provisions of individual agreements and reviewing whether they can be nullified in accordance with the provisions of the agreement. The declaration of invalidation of the agreement in 2016 is judged to have not followed the relevant procedure, and it can not be seen as a declaration in accordance with legal grounds or procedures. In addition, it is difficult to find the grounds for the legal meaning and effect of North Korea's “freezing and liquidation of assets” in the related regulations such as the inter-Korean Agreements, inter-Korean Economic Cooperation Law and Kaesong Industrial Zone Law. Even it does not meet the condition to 'freeze' and 'liquidate' according to its other laws and regulations. In conclusion, North Korea's declaration of invalidation of the agreement or the declaration of freezing or liquidation of assets in the North Korean region would have political and declarative implications rather than legal grounds and effects.