A Study on Intensifying the Role of Military Police in Inter-Korean Relations - Focused on the inter-Korean investigation and cooperation system plan based on the Inter-Korean Basic Agreement -
This study is developed in the following order. 1 Through the significance and theory of territorial clauses in the Korean Constitution, the academic community's discussion and attitude of precedents regarding the special nature of North Korea, the nationality of North Koreans, etc., analyzes the necessity and possibility of the police authority's invocation in future inter-Korean cooperation projects, considering the legal reality of inter-Korean relations and changes in the situation in East Asia, such as the unification of the Korean Peninsula in the future. 2 Based on the specificity of the North Korean region, the South Korean people's right to safety, public safety, order, and danger in North Korea are reviewed and the possibility is analyzed. 3 For disputes arising from inter-Korean cooperation zones, the resumption of the South-Bubu Military Commission based on the Basic Agreement between the two Koreas, among other things, the permanentization of the committee and the formation of committees in related fields are necessary. In particular, if it is the role of South Korea and civil servants to prevent and guarantee public safety, order, and physical and life risks to the Korean people in the inter-Korean cooperation area, the police authority in the inter-Korean cooperation area should be guaranteed by law and institution through cooperation with the military police through the dispatch of officials from the relevant ministries such as the National Police Agency, the National Intelligence Service, the Ministry, the Ministry of Justice, the Foreign Affairs and the relevant ministries. Furthermore, the paper concludes with the proposal of a plan on whether to invoke the investigative authority judicial matters in the inter-Korean cooperation area and the investigation cooperation relationship, and a plan for the inter-Korean police and investigation cooperation system to protect and guarantee the basic rights of South Korean citizens, businesses and organizations participating in the current inter-Korean exchanges and cooperation.
목차
Abstract Ⅰ. Preface Ⅱ. The specificity of the North Korean Region and Jurisdiction Issue of Military Police 1. Concept of Territory and Constitutional Issue of Jurisdiction 2. Boundaries of South Korean Territory and Specificity of Scope 3. Establishment of Constitutional Limits in Reconciliation and Exchange between North and South Koreas Ⅲ. Analysis of Inter-Korean Investigation Cases and Analysis of North Korea's investigative procedures and Response Period 1. Examples of Key Events in North Korea 2. Guarantee of People's Right to Safety for Incidents Taking Place in North Korea 2. Ensuring People’s Right to Safety against Physical and Life Threats to North Korean Citizens as Opposed to South Korean Citizens 3. North Korea's investigative procedures and Investigation Agencies 4. Admissibility of North Korean Investigative Agencies in investigative procedure Ⅳ. Inter-Korean Military Cooperation Plan and Inter-Korean Joint Investigation and Cooperation System Plan 1. Establishment of a Cooperation System for Military Police through the Revision of the Agreement of the Joint Military Commission based on the Basic Inter-Korean Agreement 2. Formation of Military Commission and Plans to Establish a Cooperation System for inter-Korean Joint Investigation 2. Formation of Permanent Military Commission and Development of Cooperative System with Military Police Ⅴ. Conclusion [references]
키워드
Article 3 of the ConstitutionInter-Korean Cooperation ProjectsPolice Authorityright of safetyMilitary committee
동국대학교 비교법문화연구원 [The Institute of Comparative Law and Legal Culture]
설립연도
2000
분야
사회과학>법학
소개
본 연구소에서는 세계 각국의 새로운 법률제도를 그때그때 입수하여 이를 소개하고 한국 실정에 접목가능성을 연구·분석한다. 아울러 본 연구소는 국내의 각종 학술단체, 연구소, 연구기관과의 교류를 증진함은 물론 외국대학의 연구소와 공동연구를 통해 외국의 법문화와 학풍을 소개함으로써 대외적인 학풍선양에도 기여하게 함을 목적으로 한다.