Browse

The Current State and Required Modifications of the Inter-Korean Exchange and Cooperation Act

Cited 0 time in Web of Science Cited 0 time in Scopus
Authors
Lee, Hyo-Won
Issue Date
2011
Publisher
BK 21 law
Citation
Journal of Korean Law, Vol.11 No.1, pp. 55-76
Keywords
Basic Agreement Treaty between South and North KoreaThe Development of Inter-Korean Relations ActThe Inter-Korean Exchange and Cooperation ActNational Security ActThe Gaesong Industrial Zone Support ActThe Economic cooperations between the North and South Koreas ActThe Gaesong Industrial Zone Acthe Tourism in the Kumkang Mountain Act
Abstract
After division of Korean Peninsula, problems which occurred between the North and South have been resolved in not a judicial judgment but the political determinations. However, resolving the various problems between the North and South not in the ways of the rule of law but by means of the political solution can decrease the legal stability and the predictability between the North and South. Since the 1990s, exchanges between the two have been steadily increasing. It is important to note that as the number of exchanges between the two increases, many more legal conflicts will arise. And to resolve these legal conflicts, legal issues such as the conflict between laws, the legal status of the North Korean citizen, and the legal effectiveness of the North and South Korean Basic Agreement Treaty must be clarified. The two sides need to create a list of necessary laws that are required for the exchanges, and

divide them into areas which need to be regulated by North/ South Korean laws and by areas that need to be regulated by a joint treaty. By doing this, the two sides should work to create a multi-dimensional legal infrastructure. Also, the two sides must inspect how well the Basic Agreement Treaty is being carried out, and South Korea must take the necessary steps to ensure that the follow-up-measures take place, and any new treaties that need to be created should be signed swiftly and effectively. Finally, making North Korea a member of the international community is a good way to ensure that the laws regarding the exchanges between the two Koreas gain force.
ISSN
1598-1681
Language
English
URI
http://hdl.handle.net/10371/85189
Files in This Item:
Appears in Collections:
College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) Journal of Korean LawJournal of Korean Law Volume 11 Number 1/2 (2011)
  • mendeley

Items in S-Space are protected by copyright, with all rights reserved, unless otherwise indicated.

Browse