南北交流協力關聯 國內法制의 現況과 問題點 = A Study on the Contents and Problems of the Current Statutes related to Inter-Korean Exchange and Cooperation in South Korea

다국어 초록 (Multilingual Abstract)

The purposes of this study are to grasp the situation of the current statutes related to inter-Korean exchange and cooperation, seek for a program for improvement of these statutes by analyzing the cause of changing and legal issues of the related laws according to change of circumstances at this time.
Our government had opened the age of inter-Korean exchange and cooperation by the so-called ‘7.7 Declaration’ in 1988, enacted the Inter-Korean Exchange and Cooperation Act in Aug. 1, 1990 to secure the legality of the inter-Korean exchange and cooperation project to take the opportunity of the Declaration.
By series of these activities, the South and North have expanded exchange and cooperation each other. In addition, the inter-Korean exchange and cooperation is actively being realized in the multiple areas as a result of the so-called ‘6.15 Joint Declaration’ agreed in the Inter-Korean Summit Meeting in the year of 2000.
‘The Inter-Korean Exchange and Cooperation Act’ was enacted by South Korea unilaterally by prospecting the problems of exchange and cooperation before unification of Korea was fully realized. That is to say, the government formed the basis of inter-Korean exchange and cooperation to be realized within the scope of legal system in South Korea so that secure the related laws and ordinances beside ‘the Inter-Korean Exchange and Cooperation Act’.
Activating the inter-Korean exchange and cooperation is the important aspect according to basic plan for unification of the South and North in our side, because the ideal or purpose of unification is to accomplish peaceful unification by making development of inter-Korean relations through reconciliation and cooperation. That is to say, activating the inter-Korean exchange and cooperation would guide directly to single community or unification of the South and North which would make the base to believe each other and develop the Korean peninsula bound to the future.
Even if this Act has status of fundamental law headed to peaceful unification, there are some problems to be amended which are attended with insufficiency to system and contents, too much provisions to delegate or apply, complexity of proceedings for regulation, complicated jurisdiction or duties of affairs, and so on.
At the point passed 10 years after enacting this Act, these problems has to be improved in the present situation which inter-Korean exchange and cooperation is broadening by the engagement policy what the called ‘Sunshine Policy’ toward North Korea. The direction of improvement would include in the legal principle, consistence or expectancy of policy, and the transparency of the governmental attitude.
This Act was estimated to epochal law making at that time. However, actually this Act was pointed to secure the legality of inter-Korean exchange and cooperation in the minimum extent necessary to the military defense situation in the Korean peninsula, the uncertainty of inter-Korean relationship, the elastic force of policy, and the unification of policy institutes. Therefore the concrete enforcement of this Act was delegated to the administrative decrees like proclamation or directive.
The excessive delegating provisions of this Act like these is bringing in the problems that is conflicted to the principles of the Korean Constitution related to the doctrine of delegation(Article 37 paragraph 2, or Article 75). So it comes to the fore in the aspect of legal problems, the current statutes related to the inter-Korean exchange and cooperation should be improved to be suitable for the changed situations for the extension of inter-Korean relations.

목차 (Table of Contents)

• Ⅰ. 머리말
• Ⅱ. 南北交流協力에 관한 國內法制의 現況
• 1. 南北交流協力의 展開
• 2. 南北交流協力의 展開 槪況(2002年 基準)
• 3. 南北交流協力法制의 槪觀
• (1) 南北交流協力法 및 關聯規定의 主要內容
• (2) 南北協力基金法 및 關聯規定의 主要內容
• Ⅲ. 南北交流協力法制의 問題點 및 改善方案
• 1. 南北交流協力法의 改善方案
• (1) 法體系上의 問題點 改善方案
• (2) 內容上의 問題點 改善方案
• 2. 南北協力基金法의 改善方案
• Ⅳ. 맺음말
• [Abstract]