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A study on the process of the unification and Unification Treaties of the South and the North of Korea.

  • DONG-A LAW REVIEW
  • 2015, (66), pp.253-280
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

CHO JAEHYUN 1

1동아대학교

Accredited

ABSTRACT

Unification traditionally took either the form of merger or absorbtion. In a merger, two states combine and the result is a completely new state. In traditional absorbtion cases, a small amount of territory would generally be incorporated, not an entire sovereign nation that would subsequently disappear. In the unification of the form of merger or absorbtion, there is need to conclude the agreements between south and north Korea. It is problematical whether the South north agreement of unification is the treaty or not. According to the common view and precedent, the South north agreement of unification is considered a non-binding gentle’s agreement because of the special relationship between south and north Korea. But it is desirable to understand the South north agreement of unification as a treaty. Unification Treaties of the south and north Korea include the constitutional matters, the country name, national flag, capital, fundamental principles of constitution, state organization of the unified nation. It has significance for the following point of view in the process of the unification. It performs the function as the confirmation document that there is a achievement of the unification of south and north Korea as a constitutional obligation and national harmony. It also perform the functions as the recommendation of the unifying south and north Korea in the post-unification and as the prediction of the enactment of the Unified Constitution or amendment of constitution. And it clarifies most of the burning questions generally involved during state succession, either a merger or absorbtion.

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