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KCI 후보
남북기본합의서를 통한 한반도 평화체제 구축 방안
A Sheme for Estabilishing Peace Regime Building on the Korean Peninsula through the Basic Agreement between the South Korean and North Korea(1992)
이장희 ( Lee Jang-hie )
외법논집 20권 111-145(35pages)
UCI I410-ECN-0102-2019-300-001421936

Ⅰ, Introduction Peace on the Korean Peninsula is the most important value than any other philosophy. Peace on the Korean Peninsula is very uncertain under the Korean Armistice (July 27,1953) for the past 50 years. There happended to be fundmental Changes of relations between S. Korea and N. Korea, after June 15 joint declaration, 2000 ( the first inter Korean summit meeting between S. Korea and N. Korea. ),a change has begun in North Korea. The North Korea has already entered a phase of significant change, she has been more active faciliting exchanges between South and North Korean people. For instance,four agreements on economic cooperation have come effect on August 20,2003: l)Prevention of double taxation of income, 2)Cearing settlement, 3)Investment protection, 4)Resolution of commercial disputes. The possibility of a Peace Regime building on the Korean Peninsula was also heightened after the first inter Korean Summit meeting (2000) Ⅱ. Necessity for Estabishing a Peace Regime Building on the Korean Peninsula 1. Institutionalization of peace Regime on the Korean Peninsula. 2. Prefering Peace Regime to Peace Treaty comprehensive than peace treaty peace regime include: arms control, arms reduction, peace treaty peace regime more appropriate than peace treaty legally, the reason is that relation between two Koreas has special relation, dual character, provisional character. Therefore we prefer Peace Regime to Peace Treaty. -Peace treaty include traditionally War Crimes Issues, Compensation issues for war crime & damages and Territory Issues between Two Koreas. It is not realistic. 3. Defunction of Korean Armistice since 1994 (no participation & no cooperation of the North Korea ) 4. The first nuclear weapons crisis (1994) 5. The second nuclear weapons crisis (2002) 6. Korean Government has no right on military Strategical command during war time ( July, 1950, during the Korean War ) 7. Peace on the Korean Peninsula is intensive connected with not only the North East Asia peace, but also the world peace. Ⅲ. Grand Plan for Estabilishing Peace Regime Building on the Korean Peninsula : [2 + 4] Model 1. 2: South Korea, North Korea Peace document ··· peace protocol 2. 4: S.K & N.K. USA, China Guarantee document ···. Non attacking agreement 3. Camparison: German Unification Process : 2(two Germany)+4(four powers)+ 35(csce countries) Ⅳ. Contents of Peace document : Peace protocol(Article 5. Basic Agreement between South Korean and North Korea /1992) Explicit declaration of legal termination of War Ⅴ. Contents of Guarantee document : Guarantee document for peace keeping ( ex. Non Attacking Treaty) in case of violating the above peace protocol Ⅵ. Legal Issue after the peace regime building on the Korean Peninsula. 1. Difference between treaty signatory and treaty parties ( South Korea is not Signatory of the Korean Armistice.) 2. Treaty Conclusion Issues of peace regime building 3. Dissolvment issues of United Nations Command(UNC) 4. Pulling out issues of American Troops in S. Korea. 5. Conflicts of military alliance treaties concluded by both side before Peace Regime. S. Korea: Korea USA Mutual Defense treaty (1953) N. KOREA China Friendship Treaty(1960) N, Korea, Russia Friendship Traeaty (1960) Basic Treaty between Korea and Japan (1965) 6. Management Issues on the DMZ area : Ex. : Peace Keeping Operation Ⅶ. Conclusion -peace regime (S.Korea & N. Korea peace protocol on the Basic treaty (1992)+peace gurantee treaty) is more desireable & more realistic in Korean special situation than traditional peace treaty from international legal point of views . -Grand Plan: [2+4] model also is more realistic -Peace Regime partner : S. Korea & N. Korea. -Guarantee partner: China,USA -Urgency of the second inter Korean summit meeting : political decision in order to solve the above problems···Neo Functionalism Creating of favourable international Atmosphere for peace regime on the three levels( domestic, bilateral and international level) International understanding & cooperation for implementation of June 15 Joint declaration between Two Koreas Abolishment of North Korean nuclear weapons -USA Guarantee on regime maintenance & no economic sanctions on the North Korea : (package deal) The peace regime established through this process is expected to serve as major driving force for the promotion of security and economic cooperation in North east Asia, and make a great contribution to world peace.

Ⅰ. 제4차 6자 회담 2단계 합의문, 한반도 평화체제 그리고 남북기본 합의서
Ⅱ. 왜 남북기본합의서에 기초한 한반도 평화체제 인가?
Ⅲ. 남북기본합의서체제의 가동 중단 및 정전협정체제의 무력화
Ⅳ. 한반도 평화체제구축의 기본 방향
Ⅴ. 남북간 [평화 문서]의 형식과 내용
Ⅵ. [평화보장문서]의 형식과 내용
Ⅶ. "남북평화의정서" 및 "한반도평화보장조약"의 법적 고려 사항
Ⅷ. "정전협정", "남북평화의정서" 및 "한반도 평화 보장 조약"의 서명자ㆍ당사자와의 관계
Ⅸ. 정전체제종결에 따른 국제법적 문제
Ⅹ. 맺는 말
[자료제공 : 네이버학술정보]
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