남북 통일과정에서의 ‘군대의 정치적 중립성’에 대한 고찰

Abstract

It is difficult to predict the process of inter-Korean unification. However, we cannot abandon standards as principles of popular sovereignty, liberal democracy, respect for basic human rights, rule of law, and pacifism in our Constitution. In order to maintain these standards, it is necessary to think about controlling the armed forces of the two Koreas. Regarding the control of the armed forces of the two Koreas, it is necessary to review the legal system for military integration, but the scope is very wide. In this study, I look at the ‘political neutrality’ of the military, which is a prerequisite for unification and military integration. Because the military follows orders and obedience, it can move arbitrarily by specific people or political forces in some cases. Therefore, in the unification process, it is necessary to standardize the military's political neutrality in the unification agreement and the unification constitution, and to define the act of undermining political neutrality as unconstitutional and illegal. On the other hand, the military's political neutrality, which must be considered in the unification process, is largely divided into two categories. The first is neutrality from political intervention in the election process, and the second is neutrality from military intervention (coup). This concept must be carefully reviewed and implemented in order to ensure that the basic principles and principles of our Constitution are observed in the process of unification. In particular, when examining North Korea's electoral system and military system, the Korean People's Army, led by the chairman of the State Council, is highly likely to undermine the constitutional value of a unified nation. Therefore, measures to prevent this in advance must be stipulated in the Unification Agreement and the Unification Constitution by referring to the South Korean Constitution and subordinate laws.