헌법상 영토조항과 통일조항의 미래 지향적 관계

Abstract

Under the Constitution, it is reasonable to take an approach based on the interpretation of norms rather than interpreting the relationship between territorial clauses and peaceful unification clauses as contradictory. And take a different approach depending on the case. In terms of the nationality of North Koreans, the territorial clause should be considered superior, and in terms of issues related to inter-Korean cooperation, the clause on peaceful unification should be considered a priority. If the actual normality of the territorial clause is recognized in relation to the legal status of North Koreans, the South Korean nationality of North Koreans can be recognized, so their human rights can be protected as soon as possible. On the other hand, if the two Koreas emphasize only the realistic normality of territorial clauses in their railway exchange projects, there may be limitations in actively coping with changing inter-Korean relations. Therefore, in order to achieve unification by the peaceful unification policy stipulated by the law, it is reasonable to recognize the validity of the two provisions in a timely manner according to the circumstances through the harmonized interpretation of norms of the two clauses.