KLRI : KOREA LEGISLATION RESEARCH INSTITUTE

I. Background and Purpose of Research

▶ Research Background

○ The "Korean National Community Unification Plan," established in 1994, has remained the official unification strategy for 30 years.

○ During this period, various external and internal changes have occurred, including the development of North Korea's nuclear weapons, the resulting international sanctions imposed by the United Nations and other global entities, North Korea's declaration of a two-state theory, and a growing indifference toward unification among younger generations.

○These evolving conditions necessitate the revision or introduction of alternative unification strategies that reflect the current unification environment.

▶ Purpose

○Analyze the issues and limitations of the Korean National Community Unification Plan.

○Present strategies for establishing a unification plan and securing its legitimacy from a constitutional perspective.

○Provide a phased legal review and supplementary measures for the Korean National Community Unification Plan.

○Propose enhanced unification strategies and methods for the legal formalization of these plans.

 

Ⅱ. Main Content

▶ Analysis and Evaluation of the Korean National Community Unification Plan

○Examine the background and key components leading to the formulation of the Korean National Community Unification Plan.

○Analyze the relationship between the unification policies and North Korea policies of successive governments.

○Assess the issues and limitations of the Korean National Community Unification Plan, providing a comprehensive evaluation.

▶Establishing a Unification Plan and Securing Legitimacy from a Constitutional Perspective

○Review the constitutional provisions related to unification, examining the constitutional basis and legal nature of unification plan formulation, as well as the fundamental principles guiding this process. Propose measures to ensure procedural legitimacy in the establishment of unification plans.

○Analyze North Korea's declaration of a two-state theory and its implications for amending the Constitution of the Republic of Korea.

▶ Phased Legal Review of the Unification Plan

○Examine the necessity of the Inter-Korean Reconciliation and Cooperation Phase (Phase 1), considering international sanctions against North Korea due to its nuclear development, as well as issues related to the armistice agreement and peace treaty.

○Analyze the legal nature and constitutional permissibility of the Inter- Korean Confederation Phase (Phase 2), addressing its feasibility.

○Review the decision-making entities for transitioning to the Unification State Phase (Phase 3), including considerations of state structure and government form.

▶Proposals for the Supplementation and Development of the Korean National Community Unification Plan

○Introduce the "Korean Peninsula Unification Plan" as an enhanced and developed version of the "Korean National Community Unification Plan".

○The philosophy and principles of unification will inherit the core tenets of the Korean National Community Unification Plan.

○The vision for the future unification state is presented as a "developed democratic cultural nation that guarantees freedom, equality, human rights, and welfare," as well as a "nuclear-free peace state leading global peace and shared prosperity".

○Propose a revised three-phase process for the Korean National Community Unification Plan: ①  Reconciliation and Cooperation and the establishment of a Peace System ② Korean Peninsula Community (Economic Community, Inter-Korean Confederation), ③ Provisional Unification State (Confederation, Federal State) leading to the final unification state (unitary state).

-Note that Phases 2 and 3 are envisioned as optional rather than essential stages.

-The Inter-Korean Confederation, as a form of the Korean Peninsula Community in Phase 2, is proposed to transition from the existing dual systems to a single system based on liberal democracy.

▶ Legal Formalization of the Unification Plan

○Highlight the necessity of legal formalization, emphasizing that this process allows the National Assembly to participate in the establishment of unification plans, thereby ensuring procedural legitimacy and facilitating the promotion of sustainable unification policies.

○Propose a legislative approach for the legal formalization of the unification plan by declaring the Korean National Community Unification Plan as the official unification strategy of the Republic of Korea.

▶ Future Legal Challenges and Solutions

○In light of the significant change in the unification environment due to North Korea's adoption of the "two-state theory," the legal relationship between North and South Korea is shifting from a reciprocal special relationship to a unilateral special relationship.

○Propose response measures, including a plan for the reorganization of domestic laws in accordance with North Korea's two-state theory.

 

Ⅲ. Expected Outcomes

▶ Academic Contribution

○This research is closely related to unification strategies and the principles of unification enshrined in the Constitution. It will analyze both domestic and international legal issues related to unification strategies based on constitutional studies.

○The study aims to build scholarly achievements in areas that have been relatively underexplored in prior research, including constitutional perspectives on unification strategies, methods for securing democratic legitimacy, and a phased legal analysis of the unification process alongside an examination of international legal issues.

▶ Policy Contribution

○By providing foundational research materials based on the issues inherent in existing unification strategies, this study aims to contribute to the development of new unification plans for the government.

○Through constitutional analysis and legal review of unification strategies, the research will offer an institutional framework to support government policy implementation and propose measures for the institutionalization necessary to ensure the effectiveness of these unification plans.