법사회학적 관점에서의 남북관계발전의 기본방향

• 영문명: The Law Sociological Viewpoint on the Developmental Hypothesis of Basic Relation between South and North Korea
• 발행기관: 세계헌법학회 한국학회
• 저자명: 지봉도(Bongdo Chi)
• 간행물 정보: 『세계헌법연구』세계헌법연구 제9호, 223~242쪽, 전체 20쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2004.06.01

영문 초록

This article aims to the approach with a law sociological viewpoint as to the changeable necessity of a legal consciousness, viewpoint on the basic relation of South-North Korea and propose to a proper direction of law-making which is demanded in the unification of Korea. As compare to the change of social phenomenon, it is necessary that the present law - Constitution Law, National Security Law, Law of interchange and cooperation between South and North Korea, etc., - which is prescribed a basic relation of South-North Korea is also used to changed and developed. The South and North Korean authority increase gradually a economic interchange, cooperation and all-around improvement of relation, as it was. After all, in August 2003, they have been agreed that the mutual trade is a national inter-trade. This change of social phenomenon is gradually to be prevailing into the legal consciousness - what is the legal basis of a national inter-trade?, and so is the legal basis of it a quasi-private international law, the connection of private law which have a foreign element? In this a point of view, afterward, it is demanded to evolute the legal consciousness of a relation between South and North Korea. The new legal consciousness of it, South and North Korea would be to exercise mutually a dominium and a imperium on Korea. This viewpoint of condoperium on Korea, it is reason and necessary to deduce the legal basis of a national inter-trade and its situation is to be connected with a quasi-private international law. And, first of all, if South or North Korea uniquely were to translate to exercise a dominium and a imperium on Korea by each of their constitution law, it is to signify that the time when one side exercise the imperium which South and North dividedly had been exercised is just a unification of Korea. Furthermore, as it is to signify the absorbed-unification, it is contrary to the unification policy of each one. Therefore, such a new legal viewpoint on Korea, it has been coincided with a few provisions that the legal status and relation of South and North Korea is to prescribe a special character, a specific relation and a national inter-trade. Specially, such a legal consciousness will be affect a change of social phenomenon that the social structure or system between South and North Korea has to achieve and pursue the peaceful coexistence and point to the unification of Korea.

목차

Ⅰ. 문제접근의 시각

Ⅱ. 남북관계 관련법제의 논쟁점

Ⅲ. 남북관계에 대한 법사회학적 접근

Ⅳ. 남북관계발전을 위한 법제정비의 기본방향

Ⅴ. 결론

ABSTRACT