남북한 해사협약의 국내법 수용과 법적 위계에 관한 비교연구 -남북한 해사법제통합의 방향을 중심으로-

Abstract

There are a number of prior studies on the integrated legal system after Korean unification, but the research on the integration of legal system in individual fields has received relatively little attention. In particular, there is almost no research on the integration of legal systems in the marine and maritime field. In this paper, as part of the integration of legal systems in the marine and maritime sectors of South Korea and North Korea, I focus on the marine and maritime treaties and the treaty implementation legislation in both countries. Basically, maritime sectors has accepted widely international law into domestic legal system. The two Koreas differ in their acceptance of the treaty in each domestic legal system and in the domestic legal status or direct effect of the treaty. In this paper, I analyze the acceptance patterns of the international law in each domestic legal system, especially the treaties, and draw out the differences of each system and propose the direction of this integration. In South Korea, the attitude of accepting the treaty is based on monism and the domestic legal status of the treaty are divided according to whether or not there is a consent of the National Assembly according to Article 60 of the Constitution. On the contrary, North Korea has some treaty implementation laws without explicit Constitution rules on monism and dualism. And the domestic legal status of the treaty is also different in that prescribed by individual laws. Since this is a policy decision, it is necessary to plan harmonization in the legal system unification of the two Koreas. At least in the field of maritime, superior legal status of international treaty is common in two Koreas, so I suggest ways to maintain it, but in a way that can complement the problem of lack of legal clarity due to superior legal status of international treaty.