개성공단 재개에 관한 법적 쟁점

Abstract

Despite inter-Korean relations and political difficulties, the Gaeseong Industrial Complex functioned as a space for peaceful coexistence of the two Koreas. However, it has been suspended since February 2016. Even after the Moon Jae-in government was launched, North Korea has not made any changes, such as launching a missile test. The Gaeseong Industrial Complex is the greatest achievement of inter-Korean exchange and cooperation, and it will be an opportunity to improve inter-Korean relations. so efforts to resume the Gaeseong Industrial Complex are necessary. In order to resume the Gaeseong Industrial Complex, a political environment surrounding inter-Korean relations should be established, such as South Korea's national consensus, North Korea's change, and cooperation with the international community. In particular, it is essential to consider and prepare legal issues that may arise when resuming the Gaeseong Industrial Complex. First, South Korea's total abandonment of the Gaeseong Industrial Complex is an administrative act in which the government expresses a public view, but in itself does not have legal binding force. This is a highly political act that has the nature of governing behavior and is not an illegal act by itself, and therefore does not have legal responsibility. Second, North Korea could claim that it violated the agreement for normalization of the Gaeseong Industrial Complex against South Korea. However, the declaration by the South Korean government to suspend the entire Gaeseong Industrial Complex is not a violation of the inter-Korean agreement such as the agreement for the normalization of the Gaeseong Industrial Complex, and the agreement is not a treaty having legal force. Third, the UN Security Council resolution has a very strong international legal force in the international community, and both South and North Korea are members of the United Nations and bear international legal obligations to comply with it. When resuming the Gaeseong Industrial Complex, individual acts may violate the UN Security Council resolution. However, there is a plan to claim that it is not the object of the Security Council resolution because of the special nature of the inter-Korean relations, or it is recognized as an exception to its application by obtaining prior permission from the sanctions committee. It is necessary to persuade the international community that the Gaeseong Industrial Complex does not contribute to North Korea's nuclear weapons but to resolve the nuclear issue and achieve the peace and unification of the two Koreas.