금강산관광사업의 법적 평가와 과제

Abstract

Tourism to Mt.Kumgang has been in operation for 10 years since 1998 and 10years has passed since the suspension of the tourist program. The program, along with Kaesong Industrial Complex, were representative programs of peace in the Korean peninsula and inter-Korean relationship. Whether to resume the tourist program is not a matter of law but a matter of policy. South Korean people’s consensus, situations in North Korea, improvement of inter-Korean relations and situation in the international society will all have to be considered in the process of deciding whether to resume the program. As part of a preparation process for resumption of the Mt.Kumgang tourist program, legal issues will have to reviewed upon. Mt. Kumgang tourist program is significant in the fact that the decisions were made on the basis of the rule of law. The Agreements of South and North Korea as well as North Korea’s Management of Mt.Kumgang Tourism District Act served as a legal basis of the program. The South Korean government’s role, however, was too limited and a proper legal system to operate the program in an efficient manner was not in place to support the program. When resuming the Mt. Kumgang tourist program, a lesson should be learned from previous experiences. This means that an agreement which can effectively support the program need to be signed between the South and North Korean governments and that the agreement should be legally binding for both parties. And the content of the agreement will also have to be designed to comply with the United Nations’ sanctions against North Korea.