과정으로서의 통일과 헌법의 역할 - 평화공존 및 협력체계 구축을 위한 규준으로서의 헌법 -

Abstract

This paper explores some of the Constitution’s explicit and implicit rulings on the inter-Korean relations from the perspectives of “the Constitution’s functionality as a norm” and “reunification as a process” and discusses how the Constitutional Court, the supreme entity for constitutional demonstration, interprets, applies, and understands such rulings, and assesses and controls the state’s action in specific cases. It then goes on to provide an objective and systematic view of the key fundamental norms concerning inter-Korean relations, established by the National Assembly, the supreme entity for constitutional policy, to substantiate the constitutional rulings, from the constitutional perspective of “ensuring peace and establishing a system for collaboration between the two countries.” Finally, discussions made in the paper are organized and summarized before presenting tasks for those working on the Constitution. More specifically, the Preamble, and Papers 3, 4, 9, 66, 69, 72 and 92 are analyzed as they contain the most relevant provisions on reunification and inter-Korean relations. It also discusses constitutional rulings on inter-Korean relations and the Constitutional Court’s view, from the perspectives of pacifism, democracy, constitutionalism, and republicanism as the Constitution’s fundamental principles on the formation of the inter-Korean relations. In addition, to identify the constitutional implications, issues, and challenges in respect of individual acts that substantiate the constitutional rulings on inter-Korean relations, this paper classifies them into those concerning reconciliation and healing, those concerning exchange and cooperation, those on unity and those on reunification in general. Recently, the Constitution and individual acts on inter-Korean relations have failed to work properly in terms of taking into full account the territorial division between the two countries and preparing for reunification in the future. Therefore, this paper suggests that the interpretation and improvement of the Constitution and individual acts discussed therein should shift the focus onto how to facilitate future-driven and constructive discussion in the run-up to the reunification. In short, this paper explores the issues of “the Constitution’s functionality as a norm” and “reunification as a process.” Also discussed are the Constitution’s explicit and implicit rulings on inter-Korean relations, alongside an overview of challenges expected in the run-up to the reunification.