The
writer received a book as a gift from the author two months ago. The
title is "A New Perspective on North Korea". The author, is a lawyer
and professor of North Korean studies. He explains, based on his long-
research, that the existing inter-Korean legal system needs to be
changed to fit the present reality.
As
soon as the writer received the book, he started to read and finished
it in two days. The author's suggestions for those interested on the
North South Korea situation would find it interesting. The columnist
introduces two proposals.
First,
we are proposing to recognize North Korea as a state. Currently, North
Korea is an illegal or anti-state organization under the constitution,
but has a dual status as a partner in dialogue and cooperation for
peaceful unification. This dual status causes a lot of confusion, and
the controversy over the repatriation of North Korean fishermen to North
Korea is a clear example. However, he explains that recognition as a
country can clarify legal instability or inconsistent policies toward
North Korean defectors.
[The
South Korean constitution defines national territory as the whole
Korean Peninsula and according to the Korean Supreme Court all the North
Korean citizens are South Korean citizens. Consequently the forced
repatriation of North Korean citizens who have come South is an illegal
act]
Of
course, whether or not to recognize North Korea as a state can be
controversial as it is also a matter of our constitution, but
considering the legal stability and consistency of policy, it is a topic
that needs to be given serious thought.
Second,
regarding the nationality of North Koreans, the majority opinion is
that North Koreans are South Koreans, but now this opinion should be
reviewed again. The need to change this is seen in many unexpected
cases that have occurred. In reality we are unable to force nationality
on a person who claims to be a North Korean citizen even though he is
in South Korea, and in the case of North Korean defectors who have
settled in the UK, they have never acquired South Korean citizenship.
In
addition, the author gives views on how to view North Korea's land and
how to revive the spirit of agreement in the inter-Korean agreement, but
the writer of the column thinks the previous two suggestions are
something ordinary citizens should give some thought
In
addition to this, the author gives opinions on how to view the land in
North Korea and how to preserve the consensual spirit of the
inter-Korean agreement.
Judging from the facts that have occurred in our legal system in the
past by the current standards, there are parts that are unconnected with
reality. In this regard, he has come to accept much of the author's
opinion that we need to rethink the issues involved in consideration of
the expected controversy.
