남북합의서의 규범력 확보방안 = Measures to Secure Normative Power of Inter-Korean Agreements

다국어 초록 (Multilingual Abstract)

Measures to Secure Normative Power of Inter-Korean Agreements
Since the July 4, 1972 Inter-Korean Joint Statement, 262 South-North Korean agreements have been signed in various fields, including political, humanitarian, sports, military, economic, and social and cultural sectors. There is a negative opinion on whether all the agreements signed between two Koreas are well kept. The suspension of the Mount Kumgang tourism project and the Kaesong Industrial Complex are examples of non-compliance with the agreement. On the other hand, there are many cases where the South-North Korean agreements were implemented. Various talks were jointly held to attend international competitions in the field of sports and to connect railways and roads, and the Kaesong Industrial Complex project and Mount Kumgang tourism project were also possible under inter-Korean agreements.
This paper discusses ways to secure normative force of the inter-Korean agreement. First, it examines the status of the inter-Korean agreement, and then examine the existing discussions on the normative force of the agreement, focusing on the three major agreements. Subsequently, the legal nature of the inter-Korean agreement is examined, and these analyses are collectively complied to review ways to secure normative force of the inter-Korean agreements.
As for the effect of the inter-Korean agreement, it is necessary to try to secure normative force in future agreements by distinguishing between cases where the agreement was followed and cases where it did not through an empirical analysis rather than a political debate. If two Koreas have reached an agreement, they should try to abide by it, and in the process, they should try to follow their own domestic procedures. In addition, by establishing regulations on the effectiveness of the agreement, it is necessary to induce both Koreas to go through such procedure. After both South and North Korea go through domestic legal procedures, efforts should be made to implement the agreement and the other party should also be urged to implement it. In order to secure the normative force of the agreement, it is necessary to build trust between two Koreas that the contents are observed once the agreement is concluded by implementing domestic laws, showing efforts to implement the agreed matters, and urging the other party to implement them. Only when all these various aspects are in effect will the inter-Korean agreement secure normative force.