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초록
In short, the present legal status of the inter-Korean relations is complicated and multifaced. Above all, South and North Korea are now under regulation of Korean Military Armistice Agreement(hereafter abbreviated as KMAA) concluded in 1953. Implementing organ of the KMAA on the part of South is the commander-in-chief of United Nations Command(hereafter abbreviated as UNC). At present, he and the commander of the North Korean People’s Army substantially have in common jurisdiction over the Demilitarized Zone(hereafter abbreviated as DMZ) on behalf of Military Armistice Commission(MAC) which has not been in action since 1991. As a result, Korean nation’s efforts for reconciliation and cooperation through the DMZ is limited to a certain extent by the UNC’s control. Next, the two Koreas constitute divided entities in one state. So inter-Korean relations are special relations sui generis within the same nation. While North Korea is regarded as a local authorities or local de facto regime on the domestic level, it is also a member country the UN as a separate subject of international law on the international level. Looking back upon the history of division all through the past 70 years, South-North relations have developed in the direction from lower legalism, institutionalism, transparency and stability to upper legalism, institutionalism, transparency and stability building. We could enumerate such examples as an institutionalization of intra-nation trade by the four major agreements for inter-Korean economic cooperation, domestic legal back-up for inter-Korean dialogue, according domestic legal effect on some South-North Korean agreements, legal and institutional support in building the Gaesong Industrial Complex, formulation of basic plans for the development of inter-Korean relations or the pursuit of North Korea policy etc.