The current acts on inter-Korean exchange and cooperation are Inter-Korean Cooperation Fund Act, Act on the Protection and Settlement Support of Residents Escaping from North Korea and Unification Education Support Act, which serve as basic law on inter-Korean exchange and cooperation, and their enforcement decrees. Particularly Gaeseong Industrial Complex related acts including Special Provisions for Approval Procedures on Visit and Cooperation Project of the GIC have been legislated to provide legal system supporting the success of the project, and have been amended continuously to reflect on the changing reality of inter-Korean relations.
The inter-Korean agreements, which are expected to play a significantly normative role in national unification and exchange and cooperation between two Koreas, have been discussed from diverse perspectives for their nature and effect. But it is necessary to give legal support for contents and conclusion procedure for the agreements to harmonize with our legal system including the constitution. The Ministry of Justice establishes the legal policy to give legal effect to inter-Korean agreements in cooperation with the relevant ministries including the Ministry of Unification, and also gives legal advice for the agreements signed on various areas including economic field.
In unification legislation, it is essential to study laws governing inter-Korean relations and to analyze from a comparative law perspective the system transition and reform policy of once divided countries like Germany and Yemen and of socialist countries, not only for the process of inter-Korean exchange and cooperation, but also for the unification process and the judicial and legal integration of post-unification Korea.
The first priority is build the normative framework of inter-Korean relations with the constitution serving as the highest law, so as to reflect on the exact reality of inter-Korean relations in consideration of the uniqueness of inter-Korean relations, and to adhere to principle of “the rule of law” and “peaceful unification based on free, democratic order”, which the constitution aims to achieve. Moreover, organizational reform and professional training are also required for assuring a consistent and uniform approach to unification legislation.