헌법상 평화주의와 그 실천적 의미

Abstract

Pacifism, one of the constitutional basic principles, is handled roughly in comparison with any other principle. In the history of Korean Constitution, pacifism has been prescribed since 1948, when the first Constitution was made. In addition, Peaceful Unification is expressly stated in the text of the Constitution. Seeing that peaceful coexistence in the Korean Peninsula is an urgent problem, it is very important that the constitutional Pacifism has legal force. It makes the constitutional Pacifism effective that the peaceful provisions in the modern civil constitutions are universally applicable to our legal life by means of a flexible interpretation and that Peaceful Unification Principle is substantiated. The peaceful provisions in the modern constitutions consist of the international pacifism and the right to peace. The one contains prohibition of the threat or use of force, disarmament and regulation of armaments, regulation of imports and exports of arms and general obligation for loosing the tension, etc. The conscientious objection to military service and the right to live in peace are included in the other. The right to live in peace needs especially to be extended to the protection against all forms of organizational violence. The key to Peaceful Unification Principle is to exalt to a constitutional order the contents of the Joint Communique of July 4, 1972 and the Fundamental Agreement of 1991 and 1992 between South and North Koreas. Reconciliation, prohibition of the threat or use of force, exchange and cooperation and autonomous unification should be effective as the constitutional principles.