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    Title: 統一進程的協議與章程區別之探討
    Possibilities of Peaceful Reunification for Two Koreas: agreement versus by-laws differentiates on unification process
    Authors: 趙智勳
    Cho, Ji-Hoon
    Contributors: 高永光
    Kao, Yuang-Kuang
    趙智勳
    Cho, Ji-Hoon
    Keywords: Peaceful Unification,
    Two koreas
    Constitution
    Date: 2019
    Issue Date: 2019-02-12 15:56:26 (UTC+8)
    Abstract: Abstract
    In the Inter-Korean summit, President Moon said, “We will not pursue absorption unification and will not pursue artificial reunification.” However, our Constitution states that “national reunification” is our mission. There are three ways for Korea to pursue unification. The first is peaceful reunification by agreement between the two Koreas. The second is the way in which South Korea absorbs the North when it collapses. The third is a plan to fight back and unify by force when North Korea invades to South.
    Fortunately, we can learn from three countries, including Germany, Vietnam and Yemen, who have recently achieved unification. Germany was unified by consensus as the East Germany collapsed, Vietnam was reunified by war, Yemen first achieved equal unification by consensus, and eventually unified by war.
    First, we need to maximize the commonalities that exist between the “Unification Plan of the Korean Community” and the “Unification Plan of the Koryo Confederation” in seeking out a realistic unification plan. Today, the Republic of Korea and North Korea are well aware of the similarities and differences in their unification policies. In other words, the Republic of Korea’s “Unification Plan for the Korean Community” and North Korea’s “Unification Plan of the Koryo Confederation” have a considerable number of points in common. The Republic of Korea and North Korea should maximize the common points of their two unification plans and minimize the differences to find a common denominator. In this vein, the Republic of Korea and North Korea should work together to find consensus and neutralize the differences between the two plans for unification through development of a third compromise plan, rather than giving up their independent claims. The first normalization to be accomplished in this endeavor is the ideological value of nationalism and the second normalization is a consensus on the real value of peaceful settlement. The Republic of Korea and North Korea should collect all wisdom through all means possible in an effort to eliminate differences between their two unification schemes.
    Second, a draft constitution of unification of the two Koreas should be prepared. In the preparation of this draft, decision-makers should synthesize the expert opinions from various groups and experts as well gather the opinions of the general public. From a national point of view, the two Koreas should carefully examine the unification constitution concept.
    The lessons learned from these cases are the following five. 1. Unification should be pursued peacefully but thoroughly prepared. 2. We must maintain friendly relations with neighboring countries based on strong security. 3. Socio-cultural heterogeneity should be minimized by promoting inter-Korean cooperation. 4. Support economic development of North Korea and reduce the economic gap between North and South. 5. Ensure the honorable retreat of North Korean leadership.
    It is clear that the national task and ultimate goal facing the Korean nation today is unification, and not the legalization of a bifurcated state. Therefore, Korean authorities should confer with all countries seeking to ensure peace on the Korean peninsula, and take into consideration both external and domestic circumstances concerning all matters to do with the “peace” and “unification” of the Korean peninsula. The people of Korea cannot allow unlimited outside influence for peace, and cannot sacrifice the ideal of unification, nor can they allow peace to be achieved by unification. Wisdom and a base of people committed to harmonious peace and unification are desperately needed at this juncture more than ever.
    Reference: Bibliography
    I. Government Documents
    Ministry of Government Legislation. North Korean Statutory Terminology Dictionary (I): Basic Law and Constitutional Law. Seoul: Korea Legislation Research Service, 2002.
    Ministry of Justice. North Korean Legal System Outline (North Korean Legal System Data No. 1, Legal System Data, 157th Ed.). Seoul: Seo-deung, 1991.
    Ministry of National Unification. Republic of Korea, Peace and Cooperation. Seoul: Ministry of National Unification, 1992
    The Ministry of Unification. The 15th Presidential Inaugural Address “Let Us Open a New Era of Overcoming National Crises and Bounding Back.” 1998 Unification White Paper, Seoul: Ministry of Unification. 1999.
    The With House Office of the Press Secretary. “Joint Vision for the Alliance of the United States of America and The Republic of Korea,” June 16, 2009.

    II. Books
    Bradford, Colin I. and Wonhyuk Lim. Global Leadership in Transition: Making the G20 More Effective and Responsive. Washing D. C.: Brookings, 2011.
    Chasek, Pamela S. Edited. The Global Environment in the Twenty-first Century: Prospects for International cooperation. Japan Tokyo: United Nations University Press, 2000.
    Choi, Dal Gon and Yung Ho Shin. Introduction to North Korean Law. Seoul: Sechang Publications, 1998.
    Choi, Jong Go. Introduction to Korean Law. Seoul: Pakyoungsa, 2003.
    D. P. O’connell. International Law, 2nd ed. Vol 1. London: Stevens, 1970.
    E. J. Hobsbawm. Nations and Nationalism since 1780, Cambridge: Cambridge University Press, 1990.
    Gerhardon, Glahn. Law Among Nation. 3rd (ed). New York: Macmillan Printed, 1976.
    Gray, Colin S. War, Peace and International Relations: An Introduction to Strategic History. New York: Routledge Printed, 2013.
    Hall, Peter. Governing the Economy: The Politics of State Intervention in Britain and France. New York: Oxford University Press, 1987.
    Harrison, Selig. S. Korean Endgame: a Strategy for Reunification and U.S. Disengagement. Princeton, N.J.: Princeton University Press, 2002.
    Hwang, Eui. The Search for a Unified Korea: Political and Economic Implications: New York Springer, 2010.
    James, Crawford. The Creation of States in International Law. Oxford: Clanden, 1979.
    Jurgen Habermas. Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy, trans. William Rehg: Cambridge, Massachusetts: MIT Press, 1996.
    Kim, Byung Ki. Understanding the North Korean Legal System. In understanding the North Korean System, edited by System Integration Research. Seoul: Myungin Munhwasa, 2009.
    Kim, Chul-soo. Introduction to Constitutional Law. Seoul: Parkyoung-sa, 2004.
    Kim, Hong-gil. Change in ROK-U.S. Alliance in Post-Cold War Era. Ph. D.diss., Chonnam University, 2004.
    Kim, Il-Sung. To Carry Out Our Party’s Judicial Policies. In A selection of Kim Il-sung’s works, vol. 2, edited by Korean Workers’ Party Publications. Pyoung-yang: Korean Workers’ Party Publications, 1968.
    Kim, Jong-Il. About Strengthening Socialist Legal Life. In Collection of Jong-Il Kim’s Writings, vol. 7, edited by Korean Workers’ Party Publications. Pyong-yang: Korean Workers’ Party Publications, 1982.
    Kim, Myung-ki. The Unification Policy of South and North Korea. Seoul: Institute of International Affairs, 1995.
    Korean Workers’ Party Publications. Collection of Il-Sung Kim’s Writings, vol. 6. Pyong-yang: Korea Legislation Research Institute, 1995.
    Korea Legislation Research Institute: Analysis of Legal Terms in North Korea (I): Constitution. Seoul: Korea Legislation Research Institute, 1982.
    Kwon, Young-sung. The Principle of Constitutional Law. Seoul: Chongwon-sa. 1997.
    Lee, Hyo Won. The Normative System of Inter-Korean Exchange and Cooperation. Seoul: Kyungin Munhwasa. 2006.
    National Unification Center. Unification Plan of Korean Community. Seoul: National Unification Center, 1989.
    Sandole, Dennis. The OSCE: Surviving NATO and the End of the Cold War, In NATO after Sixty Years: A Stable Crisis, edited by Dennis Sandole. Ohio: The Kent Stat University Press, 2012.
    Seo, Chang Sub. Legal Construction Experience. Pyong-yang: Social Science Publications, 1984.
    The Chosun Encyclopedia Compilation Committee. The Chosun Encyclopedia. Pyong-yang: Gwangmyung Encyclopedia Compliation Committee, 2006.
    The Kim Dae Jung Peace Foundation for the Asia Pacific Region. Kim Dae-jung’s Three-Stage Approach to Unification: Focus on South-North Coalition. Seoul: Han-ul Academy. 2000.
    Snyder, Scott. China’s Rise and the Two Koreas: Politics, Economics, Security. Boulder, CO: Lynne Rienner Publishers, 2009.
    Westermeyer, Gloria. The Impact of Private Actors on Security Governance: Analysis based on German ISR Capabilites for ISAF. Germany Unterchlebheim: University Bundeswehr Munchen, 2013.
    Yang, Yeong-sik. Unification Policy Theory: From Syngman Rhee to Kim Young-sam, Seoul: Park Yeong-sa., 1997.
    Yarger, Harry Richard. Strategy and the National Security Professional: Strategic Thinking and Strategy Formulation in the 21st Century. U.S, ARMY: U.S. Army War College Press, 2008.

    III. Articles
    Basedow, J. “Worldwide Harmonization of Private Law and Regional Integration.” General Report of Uniform Law Review 31, 2003, pp.15-26.
    Choi, Heung Lak. “Dear Leader Kim Jong Il is a Great Ideological Theorist who Systemized the Juche Legal Theory.” In Social Science no.1, edited by Science and Encyclopedia Publication, Pyong-yang: Science and Encyclopedia Publications, 1985.
    Helvey, David F. Korean Unification and the Future of the U.S.-ROK Alliance,” Institute for National Strategic Studies: National Defense University, Feb. 2016.
    Jeon, Jae-young and Ha, Young-sun. North Korean Nuclear Issue and Six-Party Talks: Prospect and Evaluation. NSP Report, National Security Panel Policy Report 4, Seoul: Researcher of East Asia, Foreign Affairs and Security Center. 2004.
    Jhe, Seong-Ho, “Main Legal Issues Concerning The Division and Unification of Korea”, Seoul International Law Academy, Vol. 6 no. 2, 2004.
    Kim, Myung-ki. “The Way to Change According to the ‘Combined Type’” Free Public Opinion, Vol.409. 2001.
    Kwon, Yong-lip. The Influence of Policy for the North Korean’s Outlook on the U.S. Ulsan University, Social Science Collection of Articles, no.2., 1992.
    Park, Eun Jung. “Basic Principles of North Korean law and the Search for Unification Law Ideology,” Ewha Womans University Graduate School of North Korean Studies North Korea Research, no. 1., 1998.
    Robert, Jennings and Arthur, Watte. (ed) Oppenheim’s International Law. London: Longman, 9th ed., Vol. 1. 1992.
    Shagritz, Jay M. International Encyclopedia of Public Policy and Administration: A-C, Pittsburgh Westview Press, 1998.
    Shi, Yinhong. “China’s Dilemma over the North Korean Nuclear Problem.” Hao, Yufan Wei, C. X. George, and Dittmer, Lowell (eds.) Challenges to Chinese Foreign Policy: Diplomacy, Globalization, and the Nest World Power. Lexington, KY: University Press of Kentucky, 2009.
    Shin, Gwang Hew. “The Legal Theory of Socialist Countries and Constitutional Theory of North Korea,” Hankuk University of Foreign Studies Essay Collection Hankuk University of Foreign Studies, no. 25., 2011.
    Woo, Jung-yeop and Eileen Black. “Misinformation Hinders Debate on THAAD Deployment in Korea,” East-West Center: Asia Pacific Bulletin, no. 319, 2015
    Yoon, Dar Kyu. “Changes in Socialism and Socialist Legal Principles,” Law and Society, vol. 6., 1992.

    IV. Newspaper
    Anatol Lieven and John Hulsman. “China Reverses Its Refusal to Search N. Korean Cargo,” Los Angeles Times. October 17, 2006.
    Miller, Anthony. “The Chinese Dream in Peril: Xi Jinping and the Korean Crisis,” The Diplomat, Oct 7, 2017
    Oki, Nagai. “Kim Jung Un offers to return to six-party talks,” Asian Review. April 05, 2018.
    Sophie Jeong, Will Ripley, and Euan Mckirdy, “Kim Jong Un: North Korea No Longer Needs Nuclear Tests,” CNN, April 22, 2018,
    Tiszzi, Shannon. “How China Could Benefit From a Unified Korea.” The Diplomat, Jan 14, 2014.
    Qingguo, Jia, “Time to prepare for the worst in North Korea,” East Asia Forum, Sep 11, 2017.
    Wan, William, and Lynch, Colum. “U.N. Condemns North Korean Rocket Launch, Stops Short of Penalties.” The Washington Post. April 12, 2012.
    Description: 博士
    國立政治大學
    亞太研究英語博士學位學程(IDAS)
    972655101
    Source URI: http://thesis.lib.nccu.edu.tw/record/#G0972655101
    Data Type: thesis
    DOI: 10.6814/DIS.NCCU.IDAS.002.2019.A07
    Appears in Collections:[亞太研究英語博/碩士學位學程(IDAS/IMAS)] 學位論文

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