1961년 조중조약에 대한 재조명 : 전문(前文)과 제1조의 해석을 중심으로

Abstract

This paper aims at analyzing the nature, meaning and current implication of the Sino-North Korean mutual aid and cooperation friendship treaty with its preamble and the first article. This paper tries to compare ‘the Sino-North Korean mutual aid and cooperation freindship treaty’ with ‘the Sino-Soviet Treaty of Friendship, Alliance and Mutual Assistance’, ‘the Sino-Mongolia mutual aid and friendship treaty’ and ‘the Soviet-North Korean mutual aid and cooperation friendship treaty.’ And then this takes note on the ‘Sino-Soviet split’ which was the situational context concluded a treaty(Sino-North Korea). Especially, This paper analyzes how the ‘Moscow Declaration of 1957’ and the ‘Moscow Statement of 1960’ made by the communist parties in the vortex of the ‘Sino-Soviet split’ reflected them in the ‘Sino-North treaty.’ As the final result, the preamble of the ‘Sino-North treaty’ defined the ‘Sino-North Korean relations’ as the horizontal one, which was differentiated with that of the ‘Soviet-North Korean treaty’ defined the relations between Soviet and North Korea as the vertical one focused on the inter-party relation. Also, the first article of ‘Sino-North treaty’ shared anti-imperialism against the USA, which was also differed from that of the ‘Soviet-North Korean treaty.’ Finally, North Korea made a stipulation the horizontal relations with the China legally as well as getting the national security. This experiences are the important assets for North Korea in the cross the cooperations and the conflicts between USA and China. North Korea can deal with them in flexible. This is the current implication given by re-analyzing the preamble and the first article of the ‘Sino-North Korean mutual aid and cooperation friendship treaty.