남북한 사회통합을 위한 법정책적 과제

Abstract

Social integration of South an North Korea is a precondition For a successful reunification of the two nations. South Korea needs to provide conditions for social integration by unifying possible social areas not only in legal systems but also conventions of each social area of both countries. For South Korea to take an initiative on them after the upcoming reunification, South Korean government should be able to embrace those residents who escaped from the North and settled down in South Korea. To that end, what is needed for the South is to address social problems such as prejudice and discrimination on the second-class or social minorities and create preferable environments for them by improving existing systems, so that every citizen can enjoy equal opportunities. More precisely, areas in which improvement is urgently needed are radical ideological confrontation, political omnipotence, social polarization, monopoly structure of the privileged, excessively competitive education system, and social ills prevailing in private education market. As a systemic measure to relieve the issues including major conflicts in South Korean society and its resistance to the consolidation of North Korean residents, introducing the concept of Sozialstaat which is basic principle of The Constitution of Korea is a solution. It will also help Korean government lay the foundation of social unification of the North and the South. As an institutional foundation South Korean government can set, short-term strategies such as revitalization of inter-Korean economic cooperation, realization of true democracy, and supports for the settlement of residents escaped from North Korea should be the top priority. After that, gradual revision of legal systems of each government should be followed in a feasible manner. Another precondition for a successful reunification is South-South integration, which includes social integration policies. Offering education, jobs, and social security for North Korean defectors in the South is a good example for the external integration while enhancing mutual understandings on different cultures from each other and facilitating their social interaction and enculturation should be provided on the level of internal integration. The legal policies for both external and internal integrations should be implemented in line with each other for successful and smooth transition. In this paper I suggest a few suggestions on legal reforms. South Korean lawmakers need to let Inter-Korean Relations Law to exercise its legal validity on specific cases, come up with measures to improve social status of North Korean escapees through ‘Act on the Protection and Settlement Support of Residents Escaping from North Korea’, and make legislation on enhancing immediacy, simplicity, and expandability of inter-Korean exchanges to legally support the re-invigorating mutual cooperation. North Korean lawmakers are also required to make some legal reforms, which include ensuring the status of South Korean investors through North-South Economic Cooperation Law, establishing reasonable corporate governance through Equity Joint Venture Law, and increasing labor flexibility through Labor Relations Law.