남북경제협력의 헌법적 기초와 현행 남북경제협력관련법률에 대한 검토

Abstract

For several decades, “ethnic identity” between the South and the North Korea has played an important role as a stimulant for unification of Korean peninsula. But this cannot be assessed as a major legal ground for the unification. National will(or volition) for the unification can be regarded as the main reason for fulfilling this national duty, and it is transformed into state's actions that concretise all efforts for peaceful unification of Korean peninsula. Economic cooperation between the South and the North is one of these possible efforts, and is justified by means of present constitution article and it's interpretation. The economic cooperation has a close correlation with the unification, and in some cases, carries out affirmative functions for the unification, that government sector has little to involve with. Not only sense of alienation between the North and the South but also disparity in economic power would be reduced in the process of the economic cooperation, and it will draw a significant conclusion of reconciliating those two sides, that stimulates the unification. Therefore, we can emphasise that the economic cooperation makes an epochal contribution to the unification. Constitutional law operates on the economic cooperation as a basis, as principles, and as a boundary of it. It means all the procedures and formalities are strongly restrained within constitutional provisions and fundamental principles of constitution, such as democracy, rule of law, dignity of human being, et cetera. And also, every possible efforts to raise the efficiency of the economic cooperation shall not be un- derestimated. In those principal points of view, “The Act of interchange and cooperation between the South and the North” and its regulations in force contain some clauses that need revision or amendment. On the revision, autonomy of the parties engaged in the economic cooperation as well as effectiveness of the cooperation should be thoroughly reflected. The economic cooperation, as an existent, can be defined as a continuous process of transforming national will into state power within the framework of constitutional principles. Despite some specialties and logics behind politics on Korean peninsula, violation of constitutional values democratic justice and dignity of human being shall not be allowed.