Directions for Reforming Domestic Legislation to Establish a Foundation for Peaceful Unification: From the Perspective of Enacting the Tentative “Act on the Establishment of a Foundation for Peaceful Unification”

This paper presents the justification and main contents of enacting the tentative “Act on the Establishment of a Foundation for Peaceful Unification” as a means to lay the domestic groundwork for unification by promoting inter-Korean relations in a stable and consistent manner, despite the political fluctuations that have historically characterized them. As is well known, Article 4 of the Constitution of the Republic of Korea mandates the government to “formulate and implement a policy of peaceful unification.” However, systematic legislation to support this constitutional mandate is still lacking. In particular, since 2018, the extreme swings between progress and conflict in inter-Korean relations have led to a fragmentation of public opinion on unification and deepened conflicts across generations and social classes. International security dynamics, with the United States, China, and Russia deeply involved in key issues, are also influencing inter-Korean relations and unification prospects. While the legitimacy of unification can be found in the Constitution, the division of public opinion — a reflection of the democratic will of the people — makes unification policy increasingly sensitive. Moreover, Korea’s growing diversity of races and ethnicities and the prolonged division of the Korean Peninsula make it increasingly difficult to foster positive sentiment toward unification. In light of these realities, this paper aims to propose a direction for establishing a domestic foundation for unification based on the constitutional mission related to division and reunification. To this end, the paper reviews existing domestic laws related to unification, such as the “Development of Inter-Korean Relations Act,” the “Inter-Korean Exchange and Cooperation Act,” the “Inter-Korean Cooperation Fund Act,” the “Unification Education Support Act,” the “Act on Support for Separated Families,” the “Act on the Protection and Settlement Support of North Korean Defectors,” and the “National Unification Advisory Council Act,” in order to highlight the need for a separate piece of legislation. Furthermore, this paper suggests that the tentative “Act on the Establishment of a Foundation for Peaceful Unification” should be based on the principle of constitutional pacifism. It proposes including provisions on the law’s purpose and legal status, the responsibilities of the state and local governments, the formulation of a master plan, the training of professionals, international exchange and cooperation, citizen participation and support for nonprofit organizations, humanitarian cooperation with North Korea, the formation of public opinion and national consensus on unification, and the institutionalization of the public's right to know about North Korea. In conclusion, the proposed legislation should institutionalize the necessary human and material foundations for unification within the country, based on the constitutional spirit of peace and the legitimacy of unification. It should also provide a democratic pathway for citizen participation, thereby securing democratic legitimacy. Moreover, given that peace and stability on the Korean Peninsula can significantly contribute to peace and stability in the international community, the enactment of this law would hold even greater significance.