hankyoreh

By Kim Gye-dong, Yonsei University professor

The South Korean government and media have more frequently mentioned the possibility of Korean unification since the beginning of this year. As unification has been brought up at a time when the South Korean government appears unwilling to talk or reconcile with the North, it seems that Seoul is expecting unification by absorption. There is scant possibility that North Korea is going to collapse, but if that does happen, the success or failure of unification by absorption will depend on whether South Korea has jurisdiction over territory now in North Korea.

There is a substantial historical record related to this situation. On Oct. 7, 1950, during the Korean War, when UN forces advanced to the North, the United Nations General Assembly adopted a resolution titled “The problem of the independence of Korea” on the question of governing North Korea in the event of its defeat. It stated that the UN would take control of North Korea, and establish the ‘UN Commission for the Unification and Rehabilitation of Korea (UNCURK)’ to govern the North. It was an attempt to prevent North Korea from being absorbed into South Korea and have it under international control though the United Nations.

The issue whether or not North Korea is under the South’s jurisdiction has been disputable since December 12, 1948, when the UN approved of the establishment of the South Korean government. Back then, the UN resolved the following: the South Korean government was established through elections that were supervised by the UN, it is a legitimate government founded on territory in which the majority of Koreans reside, and it is the only such government in Korea. In other words, the resolution implied that the Korean peninsula has a legitimate government, which is the South Korean government, and it has jurisdiction only over the South. In addition, both North and South Korea joined the UN in 1991, which led the UN to recognize North Korea as a sovereign state. UN Charter Article 4 stipulates, “Membership in the United Nations is open to all other peace-loving states”. Accordingly, the northern part of Korean peninsula became an independent state.

According to the South Korean Constitution, ROK territory is composed of the Korean peninsula and surrounding islands. If the international community recognizes the Constitution, we will be able to easily achieve unification by absorbing North Korea when it collapses. However, if other states, such as the US or China, ignore the South Korean Constitution and restrict South Korean jurisdiction to only the southern part of the peninsula, it would be difficult to absorb North Korea and win unification.

What about the case of Germany? West German Chancellor Helmut Kohl also recognized that it would be hard to unify by absorption if East Germany collapsed completely. Accordingly, the West intervened in the process of East Germany’s disruption and suggested a confederation. Eventually, the East held an election in March of 1990, and created the government of Prime Minister Lothar De Maiziere, which voted for absorption into West Germany. In other words, people from East Germany showed their wish to be absorbed into West Germany through a general election.

A formal unification treaty between East and West Germany was signed afterwards. Therefore, German unification was unification by absorption with the electorate’s consent. Germany could unify because it followed international law and legitimate procedures; this is why no country objected to the unification of Germany in the 2+4 talks.

Considering the case of Germany, sooner or later if North Korea collapses, it is obvious that the international community would reject the South Korean government absorbing the North. It is feasible that the international community would claim international sovereignty over North Korea, just like the UN tried to do during the Korean War. The UN Security Council may even pass a resolution consenting to international sovereignty over North Korea during its disruption.

In order to achieve unification by absorption, South Korea has to help North Korea establish a legitimate government in the North similar to West Germany, then the two governments would have to draw an agreement to unify. An important part of the process would be the North Korean people expressing their free will by choosing incorporation into South Korea.

As of now, there is little possibility that North Koreans would support absorption into the South. South Korea has to make their system admirable to North Koreans and change their minds about South Korea. West Germany could unify because it pushed ‘the New Eastern Policy’ forward starting in 1963, and succeeded in changing East Germans’ minds.

Therefore, if the South Korean government truly wants to unify, it has to increase its interaction and cooperation with North Korea to lead the North toward becoming a more open society. This is because whether unification is achieved by absorption or consent, the decision of owners’ of the North - the North Korean people - is crucial in both cases.

Please direct questions or comments to [english@hani.co.kr]