남북한관계에 대한 판례 분석 -국가보안법의 최근 변화 동향과 남북교류협력에 관한 판례를 중심으로- = Analysis on the Judicial Precedents about the Relationship between the South and North Korea

다국어 초록 (Multilingual Abstract)

Developing the exchange and cooperation between the North and South Korea since 2000, legal system has been modified very much in resolving the legal issues between two parties and the Constitutional Court and judicial courts are making various precedents in specific cases. Researching about the judicial decisions of the North-South relationship after the division, it is evaluated the following characteristics. First, the Constitutional Court and the Supreme Court have presented normative standards that can exactly understand the North-South relationship in the processes of solving various legal conflicts at constitutional actualities contradictory to constitutional standards. These normative standards aim at constitutional value to achieve peaceful reunification. Second, the Constitutional Court and the Supreme Court have greatly contributed to protect national security and liberal democracy considering a divided country`s characteristics in the National Security Law cases. Especially, they have been controlling abuse of the National Security Law through the strict inspection admitting a dual enemy rank of North Korea but requiring obvious dangerousness presented acting to benefit the enemy in the National Security Law. Third, the Constitutional Court and the Supreme Court have confirmed the Constitutional meaning of peaceful reunification and presented the interpretation standards of the related legislations in the processes of solving various legal issues. Specially, the judicial branch have apply international law principle admitting North Koreans as Republic of Korea people in the conflicts of separated families` family and inheritance but recognizing the North`s position in the Normative scope of exchange and cooperation. Fourth, carrying out Gaesong Industrial Complex project and Mt. Kumkang tour project, legal troubles have continuously occurred around criminal cases. About these problems, two parties have solved legal conflicts and contradictions to sign Inter-Korean Agreement. However regulation about the Gaesong industrial district and Inter-Korean Agreement are insufficient. So legal-system is required to solve legal conflicts quickly and rationally. Various precedents that the judicial branch have presented until now will be important assets in the future of the North-South relationship and in the processes of peaceful unification, and provide standards to achieve judicature integration and legal integration after reunification.