Hyo-Won Lee, Legal System for Controlling the Area of North Korea in the Process of Unification, The Justice, Vol. 166 (2018), pp. 40-72.
<Abstract>
The constitutional values and ideologies of the country setup by unification of South and North Koreas should be aimed at forming a national community with free democratic basic order and the rule of law on the basis of national sovereignty. To achieve social integration after unification, a special administrative system must be setup in the former North Korean region during the transition period. In order for such system to be setup in the unified country, a special law based on the constitutional law should be enacted. This would legitimize the special treatment of the formerly North Korean region. A special administrative organization in charge of administrative affairs and security in the former North Korean region may be named ‘Administrative Office in the former North Korean region.’ In order to legally justify the organization of such government institution, an article has to be included in the constitutional law of the unified country to serve as the legal basis of its existence. In order to democratically legitimize the organization, a special law on the organization, function, authority and duration of the organization need to be legislated and enacted by the National Assembly. The efficacy of administrative affairs executed by the North Korean regime before unification should be considered valid as long as it does not violate the value of the unified country’s constitution. A legal standard to judge the legal status of the former North Korean officials also needs to be setup. Also, a legal basis to punish the assailants of the anti-humanitarian actions in North Korea before unification as well as the compensation program for the victims should be legislated in the unified country’s constitution. In order to achieve social integration while minimizing conflict in the unified country, it may be necessary to limit some constitutional rights of the North Korean residents while executing affirmative actions for the North Korean residents at the same time. A special management or treatment of the former North Korean region has a characteristic of setting an exception for the local autonomy rule in the constitution. Therefore, such an exception should be applied for a limited amount of time only. Special provisions on the temporal and spacial effects of the constitutional law of the unified country may also be prescribed in the bylaws if it is deemed necessary for stable management of the unified country.
<Keywords>
Peaceful unification, Social integration, Special management, Constitution of Unified Korea, limitation of constitutional rights, Right to equal treatment
Hyo-Won Lee, Legal System for Controlling the Area of North Korea in the Process of Unification, The Justice, Vol. 166 (2018), pp. 40-72.
<Abstract>
The constitutional values and ideologies of the country setup by unification of South and North Koreas should be aimed at forming a national community with free democratic basic order and the rule of law on the basis of national sovereignty. To achieve social integration after unification, a special administrative system must be setup in the former North Korean region during the transition period. In order for such system to be setup in the unified country, a special law based on the constitutional law should be enacted. This would legitimize the special treatment of the formerly North Korean region. A special administrative organization in charge of administrative affairs and security in the former North Korean region may be named ‘Administrative Office in the former North Korean region.’ In order to legally justify the organization of such government institution, an article has to be included in the constitutional law of the unified country to serve as the legal basis of its existence. In order to democratically legitimize the organization, a special law on the organization, function, authority and duration of the organization need to be legislated and enacted by the National Assembly. The efficacy of administrative affairs executed by the North Korean regime before unification should be considered valid as long as it does not violate the value of the unified country’s constitution. A legal standard to judge the legal status of the former North Korean officials also needs to be setup. Also, a legal basis to punish the assailants of the anti-humanitarian actions in North Korea before unification as well as the compensation program for the victims should be legislated in the unified country’s constitution. In order to achieve social integration while minimizing conflict in the unified country, it may be necessary to limit some constitutional rights of the North Korean residents while executing affirmative actions for the North Korean residents at the same time. A special management or treatment of the former North Korean region has a characteristic of setting an exception for the local autonomy rule in the constitution. Therefore, such an exception should be applied for a limited amount of time only. Special provisions on the temporal and spacial effects of the constitutional law of the unified country may also be prescribed in the bylaws if it is deemed necessary for stable management of the unified country.
<Keywords>
Peaceful unification, Social integration, Special management, Constitution of Unified Korea, limitation of constitutional rights, Right to equal treatment