국제연합 안보리 대북제재 결의 이후의 남북교류협력 방안

Abstract

This article proposes some legal and effective methods for effective exchanges and cooperations between South and North Korea after the UN Security Council’s Resolutions against North Korea since July 2006. For this purpose, this article reviews a significance and major contents of the Resolutions, examines respectively requirements inconsistent with the Resolutions and consistent with the Resolutions, and proposes types and scope for exchanges and cooperations between two Koreas, taking into account the Resolutions and peaceful solutions of international disputes caused by the development of nuclear weapons by North Korea. The purpose of the Resolutions is not to prohibit all kinds of exchanges and cooperations between two Koreas, but to cut off exchanges and cooperations between two Koreas which contribute to the manufacturing, development and transportation of weapons of mass destructions (WMD) by North Korea. Since the sanctions and pressures of international community on North Korea are not the object but a means for peaceful resolution of nuclear disputes based on dialogue, two Koreas should not make mistakes to discard a source for hope which can be used as an effective tool for peaceful resolution of nuclear disputes through exchanges and cooperations between two Koreas. The Korean government should not make passive policy to stop all kinds of exchanges and cooperations between two Koreas because of the Resolutions, but develop actively positive policy for appropriate exchanges and cooperations between two Koreas which may contribute substantially to the non-proliferation of WMD and peaceful resolution of nuclear disputes. For this purpose, the government authority may utilize appropriately humanitarian exceptions being allowed expressly under the Resolutions, and make good use of provisions requiring prior approval of or notification to the Sanction Committee before carrying out exchanges and cooperations between two Koreas.