남북한 특수관계하의 종전선언의 법적의의와 조건에 관한 소고

• 영문명: A study on the legal implications of a proclamation on termination of war on the Korean peninsular under special relations between South and North Korea
• 발행기관: 국제법평론회
• 저자명: 김선표(Kim Sun Pyo)
• 간행물 정보: 『국제법평론』제27호, 109~139쪽, 전체 31쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.04.30

영문 초록

This paper purports to discuss complex legal implications of a proclamation on the termination of state of war on the Korean peninsular, which is under the state of special relations and armistice. The theory of special relations between two Koreas is derived from theory relating to the inter-German relations before its unification. However, the relations between the two Koreas are even more complicated than the inter-German relations before its unification. The two Koreas are under the legal state of war; the objective regime of armistice is solid on the Korean peninsular; and each Korea does not recognize the other Korea and therefore they are on the hostile relations. A proclamation on the termination of state of war is by nature to replace the armistice agreement and establish a peace regime on the Korean peninsular. Therefore, for the meaningful proclamation to be made, the special relations on the Korean peninsular should be taken into account. The work of terminating of the Korea war also entails the work of adjusting the roles of United Nations Command, which was created by UN Security Council and has the mission to enforce armistice on the armistice agreement. Lastly, but not least, it should be borne in mind that the work of termination of war and establishing peace should not lead to the permanent division of the Korean peninsular. A mechanism to facilitate unification should be devised.

목차

Ⅰ. 서론

Ⅱ. 남북관계 특수관계론 의 특수성

Ⅲ. 국제법상 종전선언 의의와 사례

Ⅳ. 법적인 전쟁(정전)상태의 한반도

Ⅴ. 평화체제가 극복해야 할 특수관계론 속의 근본과제

Ⅵ. 종전선언과 유엔사 문제

Ⅶ. 맺음말과 제언: 법적인 평화를 위한 질서 창출의 모색

〈Abstract〉

키워드

Proclamation on termination of war The Korean war Korean Armistice Agreement Six-Party Talks Peace regime on the Korean Peninsular