The Current State and Required Modifications of the Inter-Korean Exchange and Cooperation Act

Abstract

After division of Korean Peninsula, problems which occurred between the North and South have been resolved in not a judicial judgment but the political determinations. However, resolving the various problems between the North and South not in the ways of the rule of law but by means of the political solution can decrease the legal stability and the predictability between the North and South. Since the 1990s, exchanges between the two have been steadily increasing. It is important to note that as the number of exchanges between the two increases, many more legal conflicts will arise. And to resolve these legal conflicts, legal issues such as the conflict between laws, the legal status of the North Korean citizen, and the legal effectiveness of the North and South Korean Basic Agreement Treaty must be clarified. The two sides need to create a list of necessary laws that are required for the exchanges, and divide them into areas which need to be regulated by North/ South Korean laws and by areas that need to be regulated by a joint treaty. By doing this, the two sides should work to create a multi-dimensional legal infrastructure. Also, the two sides must inspect how well the Basic Agreement Treaty is being carried out, and South Korea must take the necessary steps to ensure that the follow-up-measures take place, and any new treaties that need to be created should be signed swiftly and effectively. Finally, making North Korea a member of the international community is a good way to ensure that the laws regarding the exchanges between the two Koreas gain force.