The proposed governmental structure of the unified state is historically viable, immediately applicable and financially attractive. This new scenario for Korean unifi cation has three basic elements among others. First, the entire systems of the current democracy in South Korea will be applied across the entire Korean peninsula. Secondly, the structure will guarantee future securities of North Korean leaders and their descendants. Thirdly, it will obtain the Stability of the East Asian region through the United Nations. After the unification, all citizens of the new state will enjoy the freedom and liberty currently enjoyed by the citizens of South Korea. The division of the Korean peninsula was an unfortunate product of the Cold War created by two superpowers. Particularly after the collapse of the Soviet Blocs in the 1990s, North Korea became isolated and unable to make any advance in its economic front. The result is that the survival of its regime as a state is currently at risk. Moreover, South Korea possesses more than 30 times the economic strength in terms of GDP and twice the population of North Korea. It has a vast technological lead and has stolen away the North’s allies, as well as the friendship of most other states. The economic miracle of the South was achievable under the protection of the US defense system, whereas the dismal economy of the North is a result of the continual presence of the US forces in the South and the collapse of the Soviet Blocs. In light of these economic developments, now is the time for the government of South Korea to make a bold move towards an orderly Korean unification with the guarantee of stability in East Asia through the United Nations. It is regrettable to say that the Government of North Korea must give up the idea of unifying the Korean peninsula on its own terms and accept the proposed unification mode in exchange for the future securities of the North Korean leaders and their descendants. Then, most important is the end of the human rights abuses by the North Korean regime. Also equally importantly, this new unification scenario turns out to save more than $100 Billion in unification capital cost, in comparison with other known unification scenarios. Today the two Koreas have become at best a peripheral security interest to America, while economic relations have been warming up for mutual prosperity among the powerful neighboring countries- China, Japan, Russia and the US. Their governments should unselfishly support this new unification endeavor of the Koreans along with the guarantee of stability in East Asia through the United Nations. The proposed governmental structure of the new unified state is historically viable, immediately applicable and financially attractive. Thus, the Korea unification, outlined in this proposal, will provide peace, prosperity and no further nuclear threat by the North Korean regime to all nations in the world.

Chapter 1 Trust-Building Process on the Korean Peninsula Chapter 2 Gaeseong Industrial Complex Project Chapter 3 Inter-Korean Exchange and Cooperation Chapter 4 Inter-Korean Humanitarian Issues Chapter 5 Inter-Korean Dialogue Chapter 6 Settlement Support for North Korean Refugees Chapter 7 Unification Education Chapter 8 Consolidating the Foundation for Implementation of Policies

The aim of this project is to research the necessity of international cooperation on Korean unification in legal terms as South Korea’s Unification Policy and how issues of the Korean Peninsula have been dealt with in the international framework. Since this is the second year of a five-year project, the conceptual aspect requires clarification in the overall aspect and this requires a multidisciplinary approach. But the main focus remains the legal aspect, international law, in particular. This study assumes that unification will be a gradual process, generally in three stages: (1) inter-Korean cooperation, (2) negotiation for inter-Korean unification (be it North Korea’s collapse, or actual inter-Korean negotiation for unification, this stage includes any inter-Korean negotiation for unification and international negotiation formula, such as Six Party Talks, etc.), and (3) post-unification integration. The study begins with the understanding that South Korea needs to be prepared for legal matters potentially arising in these processes. The project this year, in particular, deals with the legal issues that should be dealt with in the first and second stages. The scope of the papers in this project covers four main areas. The first is time span. The research for this project covers the 19th century to the present and draws future-oriented implications, but the main focus is on current issues. The second is in regard to approaches. The study deals with three main approaches: historical, political, and legal, but for purposes of this project, the main focus is on the legal aspect. The third concerns the issues addressed. These are the nuclear issue, the military issue, inter-Korean cooperation issues, and the human rights issue. Finally, the scope of actors considered includes South and North Korea, neighboring countries (the U.S., China, Japan, and Russia), and international organizations (e.g., UN, WFP, WHO, etc.). The papers included here are organized into three main sections. The first concerns the meaning of Korean unification and the context of international cooperation. Park Jong-Chul provides a general overview of the Park Geun-Hye administration’s North Korea and unification policy, referred to as “Trustpolitik,” and the trust-building process on the Korean Peninsula, as well as the need for international cooperation. Sue Mi Terry examines the U.S. and China’s perspective on the issues laid out above. She explores areas where U.S.-China interests converge and diverge and whether strategic cooperation and coordination between the two nations are possible in the case of Korean unification. The second section presents historical and legal perspectives related to the situation on the Korean peninsula. Charles K. Armstrong’s work on the historical perspective is divided into three sections chronologically: (1) the struggle of 19th Century Korea to become a modern sovereign state and its failure with the advent of colonial rule, (2) war leading to the division of the Korean Peninsula, and (3) the inter-Korean situation based on de facto recognition (as opposed to de jure) as a political entity arising out of the 1972 Joint Communiqué and the “special relationship” from then on. Next, Roh Jeong-Ho provides a legal approach to the question of inter-Korean relations and the debate on unification by dividing the period from 1876 to the present day into five distinct periods and examining the limitations to the legal order and the evolution of world order as they pertain to Korea. Finally, Leon V. Sigal discusses how international law and institutions might improve South Korean security and facilitate inter-Korean reconciliation with special attention to confidence-building in the West Sea. The third section examines in greater detail the legal aspects of Inter-Korean Cooperation and human rights. Regarding human rights, it is important to consider the link between inter-Korean cooperation and human rights. The improvement of human rights and people’s livelihood in North Korea, which is part of the ultimate goal of unification, can be achieved by inter-Korean cooperation. Inter-Korean cooperation leads to inducing change in North Korea, which then logically leads to the improvement of human rights in North Korea. Lee Hyo-Won focuses on the legal matters regarding the establishment of a DMZ World Peace Park. Soung Jea-Hyen looks at the legal matters regarding the internationalization of the Gaeseong Industrial Complex. Cho Jung-Hyun provides an analysis of the contents and legal implications of the recent outcome of the UN Commission of Inquiry (COI) on Human Rights in the DPRK, such as the meaning of stating “crimes against humanity,” the notion of Responsibility to Protect (R2P) in respect to North Korea, and transitional justice in the possible post-unification stage. Finally, David Hawk tracks North Korean human rights developments in the post-COI period. Preface/ Jong-Chul Park and Jeong-Ho Roh I. The Meaning of Korean Unification in the Context of International Cooperation South Korea’s TrustPolitik and International Cooperation.....1 South Korea’s TrustPolitik and International Cooperation/ Jong-Chul Park.....3 U.S.-China Rivalry and the Unification of the Korean Peninsula/ Sue Mi Terry.....31 II. The Situation on the Korean Peninsula: Historical and Legal Perspectives .....59 An Unfinished Project: Challenges and Struggles of Korea to Become a Modern Sovereign Nation-State/ Charles K. Armstrong.....61 The Limits of Legal Order in an Evolving World Order on the Korean Peninsula/ Jeong-Ho Roh.....89 Legal Approaches to Korean Security in the Early Stages of Unification: The Armistice Agreement and the NLL/ Leon V. Sigal.....119 III. Legal Aspects of Inter-Korean Cooperation and Human Rights.....145 Legal Perspective and International Cooperation on World Peace Park in DMZ between South and North Korea / Hyo-Won Lee.....147 Plan for the Internationalization of the Kaesong Industrial Region and the Resolution of Its Commercial Disputes/ Jea-Hyen Soung.....169 The Report of the UN Commission of Inquiry (COI) on North Korean Human Rights: Some International Legal Analyses/ Jung-Hyun Cho.....195 North Korea’s Response to the UN Commission of Inquiry (COI) Report on the Situation of Human Rights in the Democratic People’s Republic of Korea/ David Hawk.....213 Contributors.....251

Constitutional Handbook on Korean Unification(I): Introduction Constitutional Handbook on Korean Unification(II): Political and Social Issues Constitutional Handbook on Korean Unification(III): Law Issues Constitutional Handbook on Korean Unification(IV): Economic Issues

One day, one nation on the Korean Peninsula

The Korea Institute for National Unification (KINU) is working on a four-year project (2010-2013) on the subject of Korean unification. The objective of this project is to propose a grand plan for Korean unification. The Unification Forum series is one of the tasks of this project. In the first two years, the forums reviewed the positions of the neighboring countries on Korean unification (2010) and analyzed USChina relations and their implications for Korean unification (2011). The forums are also intended to serve as a channel to deliver our unification vision to the international community Ⅰ. Korean Unification: The Final Goal of North Korea Policy Searching for a Consistent North Korea Policy Ⅱ. China and Korean Unification Free Trade Agreements and Economic Aspects of Unification China-North Korea Relations in a New Era: Assessing Continuities and Changes Ⅲ. Korean Unification from an International Perspective Korean Unification: Benefits, Uncertainties, and Costs Korea as One: Pathways to Korean Unification and Regional Transformations Reunification of the Korean Peninsula: Will China Help? Russia, Two Koreas, and Unification Prospects