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The Unification of Korean Peninsula and the Direction of Interpretation about the Unification Clause in Constitution of Korea.

  • Public Land Law Review
  • Abbr : KPLLR
  • 2012, 59(), pp.583-604
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Hwan Myoung Pyo 1

1제주대학교

Accredited

ABSTRACT

This paper investigates about what unification clause enacted in constitution of korea means and how it influences on unification and unification process, whether it is necessary to revise itself to resolve so many problems in process of unification and after unification of korea and if it is necessary to revise constitution, which direction it is advisable. Unification clause enacted in constitution is classified as the territory clause and peace unification clause. This paper presents the model to resolving both clauses by the method of interpretation toward unification which are the situation of collision in constituuion system. That is to say, this paper has resolved the problem of collision between territory clause and unification clause in viewpoint of the constitutional task to achieving unification of korea and protect liberal-democratical basic system, considering north-korea related to unification as a country. In addition to, this paper, about which unification clause influences on the process of unification and the unification country, presents the followings: first, it will become cornerstone to establishing the constitution of unification. second, it will become the fundamental base resolving the problem of anti-rule of law in area of north-korea after accomplishing unification of korea. In related to discussion about the revise of constitution this paper emphasizes that is necessary to add ‘join clause’, because unification clause provides just the method and fundamental oder required to achieve unification. In addition to, this paper presents that it is necessary to add potential validity clause to constitution of korea. It is necessary to resolve the problem of the nature of north-korea as the object of unification of korea.

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