Agreement on Reconciliation, Non-Aggression, and Exchanges and Cooperation between South and North Korea

Export agreement:

Export agreement coding (PDF)

Country/entity: North Korea
South Korea
Region: Asia and Pacific
Agreement name: Agreement on Reconciliation, Non-Aggression, and Exchanges and Cooperation between South and North Korea
Date: 13 Dec 1991
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Interstate/interstate conflict
Korean Conflict (1950 - )
Before WWII, the Korean peninsula was part of the Japanese empire. It was when the USSR declared war on Japan in August 1945, following an agreement between Stalin and Churchill at the Tehran Conference in 1943, that the Korean peninsula was liberated down to the 38th parallel as per the agreement. However, following the post-WWII breakdown in the Allied relations and the start of the Cold War, the peninsula was not unified as agreed. Instead rival regimes were set up by the USSR and the Americans, both of which claimed power over all of the peninsula. North Korea invaded the South with the backing of China and the USSR, causing the United Nations - spearheaded by the Americans - to come to the aid of the South. Eventually, Northern troops were pushed back to the 38th parallel and in July 1953 an armistice was signed creating a demilitarised zone between the North and South. In lieu of a peace treaty, the two countries are still technically at war. In 2013 the North Korean regime stated that the 1953 armistice was no longer in effect. After serious stand-offs due due to the unwillingness of the North to undergo nuclear disarmament the first inter-Korean summit took place in April 2018 and a joint Declaration for Peace regarding cooperation and peace was issued. This was then followed by the 2018 Summit between the US-North Korea where they committed to work for complete nuclear disarmament of the Korean Peninsula. The second summit ended without a deal in early January 2019.
Stage: Pre-negotiation/process
Conflict nature: Territory
Peace process: North Korea - South Korea interstate process
Parties: Chung Won-shik, Prime Minister, Republic of Korea, Chief delegate of the South delegation to the South-North High-Level Talks;
Yon Hyong-muk, Premier, Administration Council, Democratic People's Republic of Korea, Head of the North delegation to the South-North High-Level Talks;
Third parties: -
Description: A short agreement focusing on several issues, most prominently economic and security co-operation. Agreement establishes several committee's for overseeing future co-operation

Agreement document: KR KP_911213_Agreement on reconciliation non aggression and exchanges.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: Page 2, CHAPTER III: SOUTH-NORTH EXCHANGES AND COOPERATION
Article 18: The two sides shall permit free correspondence, reunions and visits between dispersed family members and other relatives and shall promote the voluntary reunion of divided families and shall take measures to resolve other humanitarian issues.

State definition

Nature of state (general): Page 1, Untitled Preamble
In keeping with the yearning of the entire Korean people for the peaceful unification of the divided land;
Reaffirming the three principles of unification set forth in the July 4 (1972) South-North Joint Communique;
... Recognizing that their relations, not being a relationship between states, constitute a special interim relationship stemming from the process towards reunification;
... Pledging to exert joint efforts to achieve peaceful unification;
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: Page 1, CHAPTER I: SOUTH-NORTH RECONCILIATION
Article 7: To ensure close consultations and liaison between the two sides, South-North Liaison Offices shall be established at Panmunjon within three (3) months after the coming into force of this Agreement.

Page 1, CHAPTER I: SOUTH-NORTH RECONCILIATION
Article 8: A South-North Political Committee shall be established within the framework of the South-North High-Level Talks within one (1) month of the coming into force of this Agreement with a view to discussing concrete measures to ensure the implementation and observance of the accords on South-North reconciliation.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Media roles
Page 1, CHAPTER I: SOUTH-NORTH RECONCILIATION
Article 3: The two sides shall not slander or vilify each other.

Page 2, CHAPTER III: SOUTH-NORTH EXCHANGES AND COOPERATION
Article 16: The two sides shall carry out exchanges and cooperation in various fields such as science and technology, education, literature and the arts, health, sports, environment, and publishing and journalism including newspapers, radio and television broadcasts and publications.
Rights related issues→Media and communication→Media logistics
Page 2, CHAPTER III: SOUTH-NORTH EXCHANGES AND COOPERATION
Article 18: The two sides shall permit free correspondence, reunions and visits between dispersed family members and other relatives and shall promote the voluntary reunion of divided families and shall take measures to resolve other humanitarian issues.

Page 3, CHAPTER III: SOUTH-NORTH EXCHANGES AND COOPERATION
Article 20: The two sides shall establish and link facilities needed for South-North postal and telecommunications services and shall guarantee the confidentiality of intra-Korean mail and telecommunications.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 2, CHAPTER III: SOUTH-NORTH EXCHANGES AND COOPERATION
Article 15: To promote an integrated and balanced development of the national economy and the welfare of the entire people, the two sides shall engage in economic exchanges and cooperation, including the joint development of resources, the trade of goods as domestic commerce and joint ventures.

Page 2, CHAPTER III: SOUTH-NORTH EXCHANGES AND COOPERATION
Article 16: The two sides shall carry out exchanges and cooperation in various fields such as science and technology, education, literature and the arts, health, sports, environment, and publishing and journalism including newspapers, radio and television broadcasts and publications.

Page 2, CHAPTER III: SOUTH-NORTH EXCHANGES AND COOPERATION
Article 17: The two sides shall promote free intra-Korean travel and contacts for the residents of their respective areas.

Page 2, CHAPTER III: SOUTH-NORTH EXCHANGES AND COOPERATION
Article 19: The two sides shall reconnect railroads and roads that have been cut off and shall open South-North sea and air transport routes.

Page 3, CHAPTER III: SOUTH-NORTH EXCHANGES AND COOPERATION
Article 21: The two sides shall cooperate in the international arena in the economic,· cultural and various other fields and carry out joint undertakings abroad.

Page 3, CHAPTER III: SOUTH-NORTH EXCHANGES AND COOPERATION
Article 22: To implement accords on exchanges and cooperation in the economic, cultural and various other fields, the two sides shall establish joint commissions for specific sectors, including a Joint South-North Economic Exchanges and Cooperation Commission, within three (3) months of the coming into force of this Agreement.

Page 3, CHAPTER III: SOUTH-NORTH EXCHANGES AND COOPERATION
Article 23: A South-North Exchanges and Cooperation Commission shall be established within the framework of the South-North High-Level Talks within one (1) month of the coming into force of this Agreement with a view to discussing concrete measures to ensure the implementation and observance of the accords on South-North exchanges and cooperation.
National economic plan: No specific mention.
Natural resources: Page 2, CHAPTER III: SOUTH-NORTH EXCHANGES AND COOPERATION
Article 15: To promote an integrated and balanced development of the national economy and the welfare of the entire people, the two sides shall engage in economic exchanges and cooperation, including the joint development of resources, the trade of goods as domestic commerce and joint ventures.
International funds: No specific mention.
Business: Page 2, CHAPTER III: SOUTH-NORTH EXCHANGES AND COOPERATION
Article 15: To promote an integrated and balanced development of the national economy and the welfare of the entire people, the two sides shall engage in economic exchanges and cooperation, including the joint development of resources, the trade of goods as domestic commerce and joint ventures.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: Page 2, CHAPTER III: SOUTH-NORTH EXCHANGES AND COOPERATION
Article 16: The two sides shall carry out exchanges and cooperation in various fields such as science and technology, education, literature and the arts, health, sports, environment, and publishing and journalism including newspapers, radio and television broadcasts and publications.
Water or riparian rights or access: Page 2, CHAPTER III: SOUTH-NORTH EXCHANGES AND COOPERATION
Article 19: The two sides shall reconnect railroads and roads that have been cut off and shall open South-North sea and air transport routes.

Security sector

Security Guarantees: Page 1, Untitled Preamble
... Determined to remove the state of political and military confrontation and achieve national reconciliation;
Also determined to avoid armed aggression and hostilities, reduce tension and ensure peace;

Page 1, CHAPTER I: SOUTH-NORTH RECONCILIATION
Article 4: The two sides shall not attempt any actions of sabotage or subversion against each other.

Page 2, CHAPTER I: SOUTH-NORTH RECONCILIATION
Article 9: The two sides shall not use force against, each other and shall not undertake armed aggression against each other.

Page 2, CHAPTER I: SOUTH-NORTH RECONCILIATION
Article 10: Differences of views and disputes arising between the two sides shall be resolved peacefully through dialogue and negotiation.

Page 2, CHAPTER I: SOUTH-NORTH RECONCILIATION
Article 11: The South-North demarcation line and areas for non-aggression shall be identical with the Military Demarcation Line specified in the Military Armistice Agreement of July 27 1953 and the areas that have been under the jurisdiction of each side until the present time.

Page 2, CHAPTER I: SOUTH-NORTH RECONCILIATION
Article 12: To implement and guarantee non-aggression, the two sides shall set up a South-North Joint Military Commission within three (3) months of the coming into force of this Agreement. In the said Commission, the two sides shall discuss and carry out steps to build military confidence and realize arms reduction, including the mutual notification and control of major movements of military units and major military exercises, the peaceful utilization of the Demilitarized Zone, exchanges of military personnel and information, phased reductions in armaments including the elimination of weapons of mass destruction and attack capabilities, and verifications thereof.

Page 2, CHAPTER I: SOUTH-NORTH RECONCILIATION
Article 13: A telephone hotline shall be installed between the military authorities of the two sides to prevent accidental armed clashes and their escalation.

Page 2, CHAPTER I: SOUTH-NORTH RECONCILIATION
Article 14: A South-North Military committee shall be established within the framework of ' the South-North High-Level Talks within one (1) month of the coming into force of this Agreement in order to discuss concrete measures to ensure the implementation and observance of the accords on non-aggression and to remove military confrontation.
Ceasefire: Security sector→Ceasefire→General commitments
Page 1, CHAPTER I: SOUTH-NORTH RECONCILIATION
Article 5: The two sides shall endeavor together to transform the present state of armistice into a solid state of peace between the South and the North and shall abide by the present Military Armistice Agreement (of July 27, 1953) until such a state of peace has been realized.
Police: No specific mention.
Armed forces: No specific mention.
DDR: Security sector→DDR→Demilitarisation provisions
Page 2, CHAPTER I: SOUTH-NORTH RECONCILIATION
Article 12: To implement and guarantee non-aggression, the two sides shall set up a South-North Joint Military Commission within three (3) months of the coming into force of this Agreement. In the said Commission, the two sides shall discuss and carry out steps to build military confidence and realize arms reduction, including the mutual notification and control of major movements of military units and major military exercises, the peaceful utilization of the Demilitarized Zone, exchanges of military personnel and information, phased reductions in armaments including the elimination of weapons of mass destruction and attack capabilities, and verifications thereof.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: Page 1, Untitled Preamble
... Determined to remove the state of political and military confrontation and achieve national reconciliation;

Page 1, CHAPTER I: SOUTH-NORTH RECONCILIATION
Article 8: A South-North Political Committee shall be established within the framework of the South-North High-Level Talks within one (1) month of the coming into force of this Agreement with a view to discussing concrete measures to ensure the implementation and observance of the accords on South-North reconciliation.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 1, CHAPTER I: SOUTH-NORTH RECONCILIATION
Article 8: A South-North Political Committee shall be established within the framework of the South-North High-Level Talks within one (1) month of the coming into force of this Agreement with a view to discussing concrete measures to ensure the implementation and observance of the accords on South-North reconciliation.
Related cases: No specific mention.
Source: Colombia Law School, North Korea course materials.
http://www2.law.columbia.edu/course_00S_L9436_001/North%20Korea%20materials/coree91.html

Agreement on Reconciliation, Non-aggression and Exchanges and Cooperation between the South and the North

The South and the North,

In keeping with the yearning of the entire Korean people for the peaceful unification of the divided land;

Reaffirming the three principles of unification set forth in the July 4 (1972) South-North Joint Communique;

Determined to remove the state of political and military confrontation and achieve national reconciliation;

Also determined to avoid armed aggression and hostilities, reduce tension and ensure peace;

Expressing the desire to realize multi-faceted exchanges and cooperation to advance common national interests and prosperity;

Recognizing that their relations, not being a relationship between states, constitute a special interim relationship stemming from the process towards reunification;

Pledging to exert joint efforts to achieve peaceful unification;

Hereby have agreed as follows:

CHAPTER I

SOUTH-NORTH RECONCILIATION

Article 1:

The South and the North shall recognize and respect each other's system.

Article 2:

The two sides shall not interfere in each other's internal affairs.

Article 3:

The two sides shall not slander or vilify each other.

Article 4:

The two sides shall not attempt any actions of sabotage or subversion against each other.

Article 5:

The two sides shall endeavor together to transform the present state of armistice into a solid state of peace between the South and the North and shall abide by the present Military Armistice Agreement (of July 27, 1953) until such a state of peace has been realized.

Article 6:

The two sides shall cease to compete or confront each other in the international arena and shall cooperate and endeavor together to promote national prestige and interests.

Article 7:

To ensure close consultations and liaison between the two sides, South-North Liaison Offices shall be established at Panmunjon within three (3) months after the coming into force of this Agreement.

Article 8:

A South-North Political Committee shall be established within the framework of the South-North High-Level Talks within one (1) month of the coming into force of this Agreement with a view to discussing concrete measures to ensure the implementation and observance of the accords on South-North reconciliation.

CHAPTER II

SOUTH-NORTH NON-AGGRESSION

Article 9:

The two sides shall not use force against, each other and shall not undertake armed aggression against each other.

Article 10:

Differences of views and disputes arising between the two sides shall be resolved peacefully through dialogue and negotiation.

Article 11:

The South-North demarcation line and areas for non-aggression shall be identical with the Military Demarcation Line specified in the Military Armistice Agreement of July 27 1953 and the areas that have been under the jurisdiction of each side until the present time.

Article 12:

To implement and guarantee non-aggression, the two sides shall set up a South-North Joint Military Commission within three (3) months of the coming into force of this Agreement.

In the said Commission, the two sides shall discuss and carry out steps to build military confidence and realize arms reduction, including the mutual notification and control of major movements of military units and major military exercises, the peaceful utilization of the Demilitarized Zone, exchanges of military personnel and information, phased reductions in armaments including the elimination of weapons of mass destruction and attack capabilities, and verifications thereof.

Article 13:

A telephone hotline shall be installed between the military authorities of the two sides to prevent accidental armed clashes and their escalation.

Article 14:

A South-North Military committee shall be established within the framework of ' the South-North High-Level Talks within one (1) month of the coming into force of this Agreement in order to discuss concrete measures to ensure the implementation and observance of the accords on non-aggression and to remove military confrontation.

CHAPTER III

SOUTH-NORTH EXCHANGES AND COOPERATION

Article 15:

To promote an integrated and balanced development of the national economy and the welfare of the entire people, the two sides shall engage in economic exchanges and cooperation, including the joint development of resources, the trade of goods as domestic commerce and joint ventures.

Article 16:

The two sides shall carry out exchanges and cooperation in various fields such as science and technology, education, literature and the arts, health, sports, environment, and publishing and journalism including newspapers, radio and television broadcasts and publications.

Article 17:

The two sides shall promote free intra-Korean travel and contacts for the residents of their respective areas.

Article 18:

The two sides shall permit free correspondence, reunions and visits between dispersed family members and other relatives and shall promote the voluntary reunion of divided families and shall take measures to resolve other humanitarian issues.

Article 19:

The two sides shall reconnect railroads and roads that have been cut off and shall open South-North sea and air transport routes.

Article 20:

The two sides shall establish and link facilities needed for South-North postal and telecommunications services and shall guarantee the confidentiality of intra-Korean mail and telecommunications.

Article 21:

The two sides shall cooperate in the international arena in the economic,· cultural and various other fields and carry out joint undertakings abroad.

Article 22:

To implement accords on exchanges and cooperation in the economic, cultural and various other fields, the two sides shall establish joint commissions for specific sectors, including a Joint South-North Economic Exchanges and Cooperation Commission, within three (3) months of the coming into force of this Agreement.

Article 23:

A South-North Exchanges and Cooperation Commission shall be established within the framework of the South-North High-Level Talks within one (1) month of the coming into force of this Agreement with a view to discussing concrete measures to ensure the implementation and observance of the accords on South-North exchanges and cooperation.

CHAPTER IV

AMENDMENTS AND EFFECTUATION

Article 24:

This Agreement may be amended or supplemented by concurrence between the two sides.

Article 25:

This Agreement shall enter into force as of the day the two sides exchange appropriate instruments following the completion of their respective procedures for bringing it into effect.

Signed on December 13, 1991

Chung Won-shik, Prime Minister, Republic of Korea, Chief delegate of the South delegation to the South-North High-Level Talks

Yon Hyong-muk, Premier, Administration Council, Democratic People's Republic of Korea, Head of the North delegation to the South-North High-Level Talks