북한의 국가불법 청산대상에 관한 고찰 - 대한민국의 과거사청산 경험을 바탕으로 -

Abstract

This study examines the subject of state illegal liquidation in North Korea after reunification. The main content of this paper analyses the similarities and differences between the ROK’s historical liquidation and the DPRK’s state illegal liquidation to show that both types of illegal liquidation have similar illegal structures and can be used for liquidation. It also explains that the object of liquidation may vary depending on who is in charge of reunification and how it is carried out. For example, the subject matter of liquidation of North Korea’s state illegality may vary depending on whether the South Korean legal order remains in place or whether the parties to the unification agreement, including the two Koreas, form a new unified constitutional order on an equal footing. In other words, if the Republic of Korea becomes the subject of reunification and the South Korean legal order is applied, the North Korean regime’s systematic human rights violations, forced labour, abuses in political prison camps, and suppression of freedom of thought and belief are likely to be subject to liquidation. The paper then discusses how to select such targets of state illegality based on South Korea’s experience with comprehensive and individual past history clearing. In addition, in the event that the two Koreas become parties to a unification agreement and form a new unified constitutional order on an equal footing, unlawful exercise of public power, arbitrary abuse of power, and violations of international treaties to which the two Koreas and the parties to the unification agreement are parties, other than those arising from political and ideological reasons, may be selected for liquidation. In conclusion, the issue of liquidation of North Korea’s state illegalities is not just a matter of theoretical consideration of the number of possible cases, but a realistic task that the post-reunification community will face, so how to determine the targets of liquidation is a very important issue and requires a detailed discussion on the targets and scope of liquidation.