• Korean Journal of Legislative Studies
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• v.24 no.3
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• pp.55-83
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• 2018

This paper is written to identify the opportunities and risks of the declaration of the end of the Korean War with North Korea. The declaration has been seriously discussed in the course of negotiation for the denuclearization of North Korea especially in 2018. For this purpose, this paper revisits the concepts of related terms such as peace, peace regime, peace agreement and declaration of the end of war. It assesses the background and intention of North Korean request for the declaration. Then, it analyzes opportunities and risks regarding South Korea, if it agrees on the declaration. As a result, this paper found that declaration of the end of the Korean War could provide South Korea with opportunities such as a progress on the North Korean denuclearization, contribution to the peace regime on the Korean Peninsula and improvement on South Korea and North Korea relations. At the same time, the declaration could bring risks such as the dismantlement of the United Nations Command, demands of the withdrawal of US forces in Korea, a possible stop of North Korean denuclearization process and the weakening of South Korean peoples' awareness on North Korean threats. South Korea need to heed more on the risks than the opportunities, because the national security should be handled with caution.

• Journal of Legislation Research
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• no.55
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• pp.57-94
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• 2018

Crisis of trust in Korean society, especially south-south conflicts among Korean political circle, civil society and peoples on the issue of the Korean peninsula policy driven by south Korean government, have weakened the sustainable and consistent energy of the policy for peace and unification of Korea peninsula. At the moment of drastic change of south-north relation in Korean peninsula, National agreement as a foundation of sustainable peace and unification policy has very important meaning. Because of this, national contract of unification as a kind of social concertation, has been demanded. National contract for peace and unification is an unprecedented process for making unofficial legal norm because it authorize quasi-legislative binding force on the agreement which is concluded by the Korean political circle, civil society and peoples for the peace and unification of Korean peninsula. National contract for peace and unification includes 'agreed aim and principles' for peace, prosperity and unification as well as process and result. And National contract for peace and unification, also is characterized long duration of aim achievement and openness of participating subjects. In terms of law, it will be legitimate source for comprehensive modification of international and internal law. In addition, The nature of National contract for peace and unification, as a people's law, should be considered as soft law which has the power to realize its contents through the enactment of legislation and policy. In order to guarantee the establishment and effectiveness of National contract for peace and unification, the setting of organization is need to determine the range of representatives, who participate in the process of contract making, procedure of contract and to carry out the contract after the conclusion of National contract for peace and unification. For the reason, the Council of National Contract for Peace and Unification as a independent administrative government committee and 'Act on National Contract for Peace and Unification' is needed.

• International Area Studies Review
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• v.18 no.3
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• pp.269-291
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• 2014

The purpose of this article is to analyze the tendency and characteristics in armed conflict in post-Cold War era on the basis of Uppsala conflict data program(UCDP) datasets. The collapse of bipolarity and the end of cold War proved a watershed in the dynamics of international conflict. The major shift in the nature of conflict has been away from interstate conflict, leaving intrastate conflict. Major powers have acted carefully against each other and been willing to understand the interests of other to avoid military confrontation and crash. As the means of termination for armed conflict, there is a stronger emphasis on the peace settlement like peace agreement and ceasefire agreement than military victory. Many intrastate conflicts become internationalized, through the involvement of diaspora communities, or regionalized through a spillover effect into neighboring countries. Since the end of the Cold War, the UN has taken a much more active role in conflict management and conflict resolution.

• Journal of International Area Studies (JIAS)
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• v.22 no.2
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• pp.47-80
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• 2018

Bosnia has a unique political and social structure of 'One State-Two Systems' according to the 'Dayton Peace Agreement'. It is true that since the end of the 1995 civil war, the problem of nation and peace in Bosnia has been attracted by the broad concept of Europe as a whole, beyond the local dimension of the Balkans. Bosnia is a typical 'Mosaic of Religion and Culture' region in Europe. And Sarajevo, the capital of Bosnia, where various religious and cultural features of Europe are gathered, is called 'Jerusalem in Europe'. For this reason Bosnia has repeated a history of cultural and religious conflict since the Middle Ages. However, before the civil war in the late 20th century, the nations in Bosnia also had experience of 'harmony among various nations, religions and cultures of East and West'. The international community, including the EU, has paid attention to this point as it promotes Bosnia's reconstruction and peace settlement. And these are working to restore the history of harmony among nations in Bosnia today. In the past, research on Bosnia has focused primarily on national conflicts between religions and cultures. However, in this study, I will try to analyze the practical cases of peace settlement and harmony among nations in Bosnia as follows: First, 'Bosnia's accession to the EU' which means active intervention and continued interest of the international community. Second, 'the resolution of war crimes and liquidation of past history' through the end of ICTY mission in December 2017. And third, 'reflection of international society and historical reconciliation of Serbia' through the reinterpretation of the Srebrenica massacre.

• Journal of Digital Convergence
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• v.14 no.12
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• pp.645-655
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• 2016

The purpose of this study is to analyze the roles and functions of NGO 's International Solidarity in the establishment of' DMZ World Peace Park ', the mechanism of operation, and the policy formation of NGO' s international solidarity. The establishment of the DMZ World Peace Park is a matter that can be achieved as a result of dialogue efforts between the two parties based on the agreement between the DPRK and the ROK government, but should take a more relaxed approach to the process issues in order to achieve such results And should be done in a long-term, step-by-step plan. In the process of realizing this, South Korea's own efforts alone are difficult, and it is necessary to seek various channels of dialogue with the international community so that North Korea can have dialogue negotiations. This will be the role of NGO, It should be noted. As a result, in order to establish 'DMZ World Peace Park', it is necessary to establish concrete road map of DMZ World Peace Park. In the first stage, it is necessary to organize and operate 'DMZ World Peace Park Promotion Committee' under the directorship of the President or Prime Minister, It is necessary to select candidates, to appeal to North Korea and to support the international community, and to participate voluntarily by the private sector. Phase 2 requires final settlement. Phase 3 will require a step-by-step road map, such as rapid construction of the Peace Park, expansion of peaceful use of the DMZ, and expansion of ecology, history and cultural tourism in the DMZ border area.

• Journal of Fisheries and Marine Sciences Education
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• v.11 no.2
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• pp.150-183
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• 1999

Korea-Japan Fisheries Agreement concluded in 1965 made a contribution to the stable development of fisheries relationship for both countries until the year of 1980. From the time on thereafter a series of respectable fishery disputes occurred throughout the period of fisheries self-regulation in accordance with alteration of home and abroad conditions. And both countries marched into a cooperation era by enforcement of the new fisheries agreement from the 23 January 1999, because the Fisheries Agreement system of 1965 had many limitations to settle the fundamental fisheries problems. In this paper, the author carried out the legal interpretation, arrangement of historical facts and evaluation of actual results of the Korea-Japan Fisheries Agreement of 1965. The key contents of the Fisheries Agreement were the establishment of 12-nautical mile exclusive fishery zone and the joint-control fishery zone under the principles of maintenance of MSY for fishery resources, freedom of high seas and mutual cooperation. The legal foundation of the conclusion of the Fisheries Agreement were the San Francisco Peace Treaty of 1952 and the four International Conventions on the Law of the Sea of 1958. During the 33 years, the fisheries power of Korea made a rapid stride, on the other hand that of Japan was almost stagnated. And in the meantime, there were very important development on the international law of the sea, for instant, the settlement of 12-nautical mile territorial sea regime and the establishment of 200-nautical mile exclusive economic zone regime. Annual meetings of the Joint Fisheries Committee were not successful to fill the role for conservation of fishery resources. The Fisheries Self-Regulation Agreement concluded in 1980 was also insufficient to accept the new international regime on the law of the sea, for that reason it was terminated on 23 January 1999. But it is true that the Fisheries Agreement of 1965 made a contribution to normalization of fisheries relationship between both countries and fisheries development of Korea.

• Korean Journal of Legislative Studies
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• v.24 no.1
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• pp.31-66
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• 2018

The purpose of this study is to analyze the institutional factors and the political environment in which the influence of the president is limited in South Korea's decision making process of the policy toward North Korea. Although the president has the highest decision-making power over policy toward North Korea as a head of state, the president's influence is not always absolute. Many reasons, such as bureaucratic government through the separation of power, the political environment such as divided government or the remaining term of the president,and the specificity of policy act as factors limiting the president's influence on policy toward North Korea. This study analyzed the dynamics of the decision making process of the 'Special Zone for Peace and Cooperation in the West Sea' which was planned by the agreement between the two Koreas in 2007, and examined the influence of the president, limited by the institutional environment and political conditions in the process.

• Journal of Arbitration Studies
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• v.16 no.2
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• pp.3-49
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• 2006

The purpose of this paper is to make research on the settlement mechanism of the commercial disputes between the South and the North of Korea. Also, this paper is to make research on the south-north Korea's cooperative tasks to promote the disputes settlement, including the operation and management of the South-North Arbitration Commission as well as the enactment of the South-North Arbitration Rules. To realize the spirit of the South-North Joint Declaration of June 15, 2000, the Authorities concerned of the South and the North of Korea have reached an agreement titled 'Agreement on Settlement Procedure of Commercial Disputes' on December of the same year. As the follow-up measures of the said Agreement, the South-North Authorities have signed an another agreement called 'Agreement on Organization and Administration of the South-North Arbitration Commission' on October, 2003, which is becoming vital importance for settlement of the commercial disputes between south and north Korea including the Gaeseong Industrial Complex. Gaeseong, a city surrounded by the North Korean military and a symbol of inter-Korean tensions, is now turning into a peace zone where thousands of North and South Koreans are working side by side. The Gaeseong Industrial Complex project, driven by the logic and economic necessity of cooperation, has been steadily moving forward since the North designated it as a special economic zone and has enacted related laws and regulations for its development. Under the situation, the matter of primary concern is how to organize and conduct the Arbitration Commission for the prompt and effective settlement of the south-north commercial disputes. First of all, the South-North Authorities should recognize that the availability of prompt, effective and economical means of dispute resolution such as arbitration and mediation to be made by the Arbitration Commission would promote the orderly growth and encouragement of the south-north trade and investment. In this connection, the Korean Commercial Arbitration Board(KCAB) should be designated as the arbitral institution of the south Korean side under the Agreement on Organization and Administration of the South-North Arbitration Commission. The KCAB is the only authorized arbitral organization in South Korea to settle all kinds of commercial disputes at home and abroad.

• Journal of Fisheries and Marine Sciences Education
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• v.16 no.1
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• pp.110-123
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• 2004

Five Islands in the West Sea of Korea (Baekryeong-do, Daecheong-do, Socheong-do, Yeonpyeong-do, and Woo-do) are located very close to the North Korea's coast and all of them are under the jurisdiction of South Korea. The North and South Korean naval vessels clashed twice in the West Sea of Korea on June 15, 1999 and on June 29, 2002. These incidents were resulted from conflicts over the validity of the Northern Limit Line(NLL) and the appropriate maritime boundary between the two Koreas. From the viewpoint of South Korea, the North Limit Line is a lawful Maritime Military Demarcation Line under the Korean Military Armistice Agreement and it must be maintained as a maritime boundary between two Koreas until being substituted by a peace treaty. In conclusion, the maritime boundary between two Koreas cannot be settled easily by the principles of the International Law of the Sea at present.

• Strategy21
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• s.39
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• pp.114-139
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• 2016

Korea and China are neighboring countries with close contacts in many areas from long time ago, and have shared interests in maintaining peace and stability on the Korean Peninsula, and in deepening economic relationship which has been mutually complementary in their nature. Therefore their bilateral relations has been developed at a remarkable pace to the extent that it can't be better than now. However, the differences in their responses to North Korean nuclear test and ensuing long-range ballistic missile test-fire and the Chinese strong concern on the possible deployment of THAAD (Terminal High Altitude Air Defence) anti-missile system in Korea show that there are some weaknesses in their relations. For example, Korea is not still confident that China would fully implement the sanction measures contained in the UNSC resolution and I argue that Chinese proposal of parallel negotiation of the denuclearization and the replacement of Korean armistice with the Peace Agreement is not much persuasive. In THAAD issue, if Korea comes to conclusion in the future that THAAD is the most effective way to counter North Korean threats, Korea should make every efforts to assure China that Korea-US alliance is not targeting China, and the THAAD is a defensive system, not damaging Chinese security. In the longer-term, deepening strategic distrust and competition between the US and China in this part of East Asia, changing nature of economic cooperation between Korea and China, and the revival of 'great country mentality' by Chinese people together with the rising nationalism in both Korea and China would cast shadow on Korea-China relation in the years ahead, unless properly handled. In this regard, I suggest that the security communications between the two countries be further strengthened, and the tri-lateral dialogue channel be established among the three countries of Korea, the US and China, particularly on North Korean issues. I also suggest the new pattern of economic cooperation be sought, considering the changing economic environment in China, while strengthening the efforts to understand each other through more interactions between the two peoples.