남북합의서의 법적 성격 및 효력에 관한 연구

Abstract

A Study on Legal Characters and Forces of Inter-Korean AgreementsThe purpose of this paper is to analyze legal characteristics and forces of Inter-Korean Agreements. Firstly, we review the articles concerned with conclusion, ratification and promulgation stipulated in act on development of inter-Korean relations. Secondly, we analyze legal characters of Inter-Korean Agreement in the international law system. Inter-Korean Agreements can be regarded as treaty with legal binding effects or gentlemen’s agreement without legal binding effects. Criteria and subject that distinguish between treaty and gentlemen’s agreement are to be examined. Thirdly, legal binding effects of Inter-Korean Agreements are to be analyzed in perspective of South Korea’s domestic legal system. Finally, we review legal problems concerned with the judicial control over Inter-Korean Agreements.