남북통일의 실질적 의미와 법제통합― 남북연합헌법과 노동문제를 중심으로 ―

Abstract

Recently, the dramatic developments in North and South Korea relations have led to a growing interest in the potential integration and unification of the two Koreas. In light of such advancements, this paper places an emphasis on the integration of the two heterogeneous states with homogenous ethnicity through mutual respect—namely, the creation of the Commonwealth of South-North Korea—in the process of unification. During the Commonwealth phase, mutually hostile domestic laws will be revised and a common set of laws established; through this process, the two states will pursue unification and create “a new society.” The only viable pathway to creating this polity is via a capitalist/market economy. The paper associates the issue of integrating the legal systems during the Commonwealth of South-North Korea phase with the enactment of a confederate constitution. This is not a unified constitution for a one-nation-one-system structure but a confederate constitution for a two-state-two-system polity. In this context, the constitution of the Commonwealth should incorporate the following elements: a common denominator that embraces South Korea’s liberal democracy and North Korea’s socialism; an approach to democratic state intervention and control in the capitalist system; the means to ensure the rights of mobility and labor for both North and South Koreans; life and welfare that affirms human dignity; and resolutions to issues of discrimination.