남북한 특수관계하의 종전선언의 법적의의와 조건에 관한 소고

A study on the legal implications of a proclamation on termination of war on the Korean peninsular under special relations between South and North Korea

This paper purports to discuss complex legal implications of a proclamation on the termination of state of war on the Korean peninsular, which is under the state of special relations and armistice. The theory of special relations between two Koreas is derived from theory relating to the inter-German relations before its unification. However, the relations between the two Koreas are even more complicated than the inter-German relations before its unification. The two Koreas are under the legal state of war; the objective regime of armistice is solid on the Korean peninsular; and each Korea does not recognize the other Korea and therefore they are on the hostile relations. A proclamation on the termination of state of war is by nature to replace the armistice agreement and establish a peace regime on the Korean peninsular. Therefore, for the meaningful proclamation to be made, the special relations on the Korean peninsular should be taken into account. The work of terminating of the Korea war also entails the work of adjusting the roles of United Nations Command, which was created by UN Security Council and has the mission to enforce armistice on the armistice agreement. Lastly, but not least, it should be borne in mind that the work of termination of war and establishing peace should not lead to the permanent division of the Korean peninsular. A mechanism to facilitate unification should be devised.