한반도 평화협정 체결에 대한 법적 검토

Abstract

There are many ways to build a peace regime on the Korean Peninsula, but the Panmunjom Declaration has adopted a method of negotiation and concluding a peace agreement in either the South or the North or the South and the North. Theoretically, it is not necessary to conclude a peace agreement to establish a peace regime. But the most typical and explicit way to end the current armistice state on the Korean Peninsula is the peace agreement. Also, at the present stage when North Korea completed its nuclear development, the signing of a peace treaty became a more important issue in that it was a useful means of solving the North Korean nuclear issue. This, on the other hand, means that the issue of concluding a peace treaty can only be linked to the denuclearization of North Korea. The various legal issues raised in the process of concluding a peace treaty are mostly policy issues rather than legal issues. However, this article focuses on various legal issues raised in relation to the process and content of the peace agreement. The legal issues raised in the process include the parties to the peace agreement, the legal nature of the peace agreement, the consent of the National Assembly, the signing of a peace agreement, and the national approval of North Korea. The content of the peace agreement should include the declaration of the end of war, the issue of war responsibility, the establishment of confidence in the military sector and the control of arms, the peace regime, and the dispute settlement mechanism. Other issues include UN enrollment issues, United Nations Command and Combined Forces Command, withdrawal of USFK, and the return of wartime operational control. On the other hand, if a peace agreement is signed, domestic laws regulating inter-Korean relations are expected to change. Particularly in relation to the National Security Law, there is considerable debate as to whether North Korea will be regarded as anti-state organization even after the establishment of a peace agreement. This issue should also be carefully considered according to the contents of the peace agreement, the legal binding force, and the degree of fulfillment of the implementation system.