원문정보
초록
영어
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
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
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