부산대학교 도서관

Article 3 of the Constitution stipulates that the territory of the Republic of Korea is the Korean Peninsula and its annexes, and the interpretation issue of this clause has long been a subject of controversy, mainly over the existence of the North Korean regime and the contents of its existence and meaning regarding the unification clause of Article 4 of the Constitution. Apart from academic discussions, however, the proposition of the Republic of Korea's territorial claim to the entire Korean Peninsula and the proposition of requesting peaceful reunification have already been enshrined in the Constitution for decades, and has played a certain role in the legal explanation of inter-Korean relations, where tension and reconciliation are repeated. Based on the content of the territorial provisions of the Korean Constitution, we will examine the issues that may arise in inter-Korean exchanges and cooperative relations in the future, including the invocation of police power and the invocation of the South Korean police authority to prevent the occurrence of the public's well-being, order, body and life risks in the North Korean area, and the invocation of the South's right to investigate North Koreans. 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 the Republic of 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 right to investigate 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.