Study of Concordance between Constitution and Activating Right of SELF-DEFENSE in KOREA

Abstract

Within the flow of achieve peace in Korean Peninsula, considering current ceasefire system, it is important to know where the use of force is laid in the international law, as well as in Korean Constitutional Law. The interpretation within the Korean Constitutional Law is either to be standardized or to be accorded with. Therefore, when it comes to North Korea, it is wise for South Korea to provide for a rainy day in the point of contact between the International Law and the Korean Constitutional Law. If, the use of force is allowed according to the International law, for the purpose of conservation of Korean national land, and for the purpose of world peace and staying safe, supposing, “any member of the united nations which is not a member of the security council may participate, without vote, in the discussion of any question brought before the security council whenever the latter considers that the interests of that member are specially affected.”, under the UN Charter, article 31, “The secretary-general may bring to the attention of the security council any matter which in his opinion may threaten the maintenance of international peace and security.” to use of force within the international law, actively invoking the 99th article to our stance is required. And because the armed force is operated within the international law, it is important to interpret the Korean Constitutional Law systematically to avoid any conflicts and yet harmonious. Constitutional limitations are needed to verify the constitutionality of the national interests and the suffering of the people by comparing and punishing the national interests and the public interest through the exercise of the armed force.