Proposal of Agreement On Peace Regime Construction and Denuclearization on the Korean Peninsula

September 2018

Cheong Wook-sik / Director of Peace Network

Writing, Background, and Purpose of Agreement Proposal

Ever since 2018 U.S.-DPRK Summit, peace process on the Korean Peninsula has lost its direction. Disagreement between U.S. and DPRK over ’Declaration to end the war’-which has been regarded as an entrance to peace regime on the Korean Peninsula-and ‘Complete Nuclear Declaration’, a first measure of denuclearization, has been continuing for a while. Due to this current situation, U.S.-DPRK relations does not seem to be a ‘game of trust’, but rather a ‘game of mistrust.’ “Maximum Pressure”, is once again raised in U.S. and DPRK expresses a strong mistrust of U.S. returning to its old position of ‘Denuclearization First’ once again.  

The Peace Process on the Korean Peninsula and denuclearization are closely related to each other. Yet, related parties have approached those two in separate ways. However, its limitation is getting clearer. As U.S.-DPRK high level talks on July 6th and 7th showed, they cannot be both achieved in a separated manner. A declaration of the end of the war and a nuclear declaration issues are good examples. DPRK demands U.S. to show its sincerity, declaring the end of the Korean War as DPRK herself has already implemented introductory measure of the U.S.-DPRK Joint Statement. However, U.S. argues a nuclear declaration inclusive of all nuclear weapons should come first. 

A declaration of the end of the war and a nuclear declaration are both beginning stages of the peace process and denuclearization. Considering a reality, that even now in its early stage, a coordinated progress is becoming tricky, a main stage-conclusion of peace agreement, responsive denuclearization measures and construction of peace regime and complete denuclearization through implementation of peace agreement will become even more challenging. This is why an approach of novelty, creativeness, and boldness is needed.

To put the conclusion first, now is a time to plan a ‘Combined Parallelism.’ There can be multiple ways to combine peace process and denuclearization. For instance, a merge of end-of-war declaration and a complete nuclear declaration into one declaration can be considered. Declaring the end of war along with DPRK’s commitment to a submission of nuclear declaration in advance is another option. Furthermore, declaring an initiation of negotiation on a peace agreement on the Korean Peninsula and declaring DPRK’s nuclear weapons in parallel can be taken into account. Also, splitting the peace agreement into two stages and implementing a first stage of basic(interim) peace agreement and significant denuclearization measures including DPRK’s admittance to verification in a synchronized step is negotiable. 

Combining the peace regime construction including normalization of U.S.-DPRK relations and the denuclearization is another option. The ‘Agreement regarding Peace Regime Construction and Denuclearization on the Korean Peninsula’ that this report proposes can be one of the ways. This is regarded as the best suggestion to reflect agreements and spirit of Panmunjom Declaration for Peace, Prosperity and Unification of the Korean Peninsula(Panmunjom Declaration) and U.S.-DPRK Joint Statement. 

It is because a legally bounded ‘one deal package’ and an agreement including specific, visible, stepwise and coordinated measures of implementation is an approach enabling a “complete and expeditious” implementation. In addition, it is the most effective way to end an historic controversy over ‘what should come first’ and a doubt that “signing a peace agreement before completed denuclearization is an admittance of DPRK as a nuclear state.” 

Surely now that it is challenging to take care of one issue, there can be an objection that combining two issues makes the problem even more complicated. However, let’s think in reverse. A core reason that denuclearization is difficult is that there is no significant progress in peace regime, and the inverse relation also works. Thus, the suggestion above can facilitate and expedite a problem resolution. 

In fact, a prompt conclusion of the peace agreement and making visible results of a peace regime is the effective way for DPRK to choose “Complete Denuclearization” with honor and reassurance. Also, the Peace Process not only is beneficial to DPRK but also works as ‘international common goods’, largely contributing to the undersigned, Asia and world peace. In the context, conclusion of peace agreement to officially end the Korean War and construct a lasting and stable peace regime is both a historical responsibility of four states -ROK, DPRK, U.S. and China- and a critical condition to open up a future of peace and prosperity.

First Draft of Agreement on Peace Regime Construction

and Denuclearization on the Korean Peninsula

 

 

PREAMBLE

Representatives of the four nations, Republic of Korea(ROK), Democratic People’s Republic of Korea(DPRK), United States of America(U.S.) and People’s Republic of China(China), had a negotiation from ‘000’ to ‘000’ to substitute an ‘Agreement between the Commander-in-Chief, United Nations Command, on the one hand, and the Supreme Commander of the Korean People's Army and the Commander of the Chinese People's volunteers, on the other hand, concerning a military armistice in Korea’ signed in July 27th, 1953, building a lasting and stable peace regime on the Korean Peninsula and achieving the complete denuclearization of the Korean Peninsula. 

 

The four parties reaffirmed the historic and future-oriented cause of the Panmunjom Declaration for Peace, Prosperity and Unification of the Korean Peninsula (Panmunjom Declaration) between South and Korean summits and Joint Statement of the U.S. and DPRK, selected by the very first U.S.-DPRK Summit. 

 

The four parties decided as below, attending an official declaration of the end of the Korean War, one of the largest tragedies in the 20th century, and a transition from a 65-year lasting armistice status to a stable and lasting peace regime contribute to peace on the Korean Peninsula and the world and promote a complete denuclearization of the Korean Peninsula. 

 

Article I. Official End of the Korean War

(1) The four parties declare an official end of the Korean War, which had started in June 25th, 1950 and was halted by an armistice on July 27th, 1953, by 00 month 00, 2019, the day this agreement is signed. 

(2) An end of the state of war shall be applied permanently. 

(3) The Korean War Armistice Agreement officially ends as soon as this agreement becomes effective. But Military Armistice Commission and Neutral Nations Supervisory Commission(NNSC) will take steps to disband within 90 days after this agreement becomes effective.

 

Article II. Normalization of Relations and Reunification of the Korean Peninsula

The four parties assessed that ROK-Soviet Union relations in 1990 and ROK-China relations in 1992 have contributed not only to friendly cooperation and mutual development between these countries but also to peace and prosperity on the Korean Peninsula and in the Asia-Pacific region. At the same time, the four parties note that DPRK has not reached a formal diplomatic establishment with neither U.S. nor Japan. 

 

(1) DPRK and U.S. will enter into a negotiation for complete normalization of political and economic relations in the spirit of mutual respect of sovereignty and mutual beneficence and to complete an establishment of relationships at ambassadorial level by 2020. For this end, the two nations will promote the establishment of a liaison office and interest representatives as their prioritized measures. Also, for continuous and stable development of bilateral relations, the two parties shall complete their constitutional procedures by 2019, concluding an ‘Treaty regarding U.S.-DPRK relations.’ The ROK and China shall actively support and cooperate in this effort. 

(2) The ROK, U.S., and China shall actively support DPRK and Japan’s effort toward normalization in the spirit of the ‘Let Us Defend and Advance the Cause of Socialism(Pyongyang Declaration)’ and shall cooperate to expeditious normalization of relations between two parties. 

(3) The ROK and DPRK shall continue to commit to the realization of peaceful reunification, adhering to the spirit of the following agreements, July 4th South and North Korea Joint Statement, Inter-Korean Basic Agreement, June 15th North-South Joint Declaration, 2007 North-South Summit Declaration, Panmunjom Declaration and etc. For this, ROK and DPRK shall conclude and ratify a basic agreement within 6 months of this agreement being signed. U.S. and China shall actively support and cooperate in this effort, respecting the two Koreas’ right to realize a peaceful reunification. 

 

Article III. Nonaggression

The four parties understand a prevention of armed conflict on the Korean Peninsula is critical to not only safety and peace on the Korean Peninsula but also world peace and agreed as below, involving non-use of force in any form. 

(1) ROK and DPRK repeatedly confirmed Panmunjom Declaration, that ‘South and North Korea reaffirmed the Non-Aggression Agreement that precludes the use of force in any form against each other, and agreed to strictly adhere to this Agreement’ and U.S. and China supported the statement. 

(2) U.S. repeatedly reaffirmed the U.S.-DPRK Joint Statement that ‘(U.S.) committed to provide security guarantees to the DPRK’, which includes a commitment to preclude the use of force in any form. DPRK shall commit equivocally to this too. 

(3) U.S and China shall not use any form of force within, from, and toward the Korean Peninsula. Also, noting a severe consequence that mutual armed conflict outside of Korean Peninsula can cause, the two nations agreed to prevent armed conflict and develop a procession of peaceful resolution in case conflict occurs. 

 

Article IV. Complete Denuclearization of the Korean Peninsula

(1) DPRK committed to ship out all nuclear weapons and nuclear material to abroad and abandon them. The other parties positively welcomed this promise and agreed to consider the moment that all the nuclear weapons and nuclear material being shipped out of DPRK as the time when DPRK’s nuclear abandonment is completed. As a first stage, DPRK shall ship out 50 percent of all the previously declared nuclear weapons and nuclear material within 30 days of this agreement taking effect. 

(2) DPRK committed to return to the agreement on the nonproliferation nuclear weapons(NPT) and IAEA(International Atomic Energy Agency) safeguards as a transitional country within 7 days of this agreement taking effect.

(3) Subjects, means, and timeline of DPRK’s nuclear abandonment not described above shall follow to what is decided in other talks. 

(4) U.S. reaffirmed that it does not possess nuclear weapons on the Korean Peninsula and it does not have an intention to attack or invade DPRK with nuclear or conventional weapons.

(5) ROK and U.S. shall initiate a dialogue on withdrawal of the extended deterrence U.S. has been providing to ROK, and shall officially withdraw its nuclear umbrella in a coordinated manner as of when the denuclearization of DPRK is completed. 

(6) Korean Peninsula’s denuclearization measures must be verifiable, and for this end, as soon as DPRK returns to NPT and IAEA, DPRK shall accept international standards for verification in accordance with the treaties. DPRK shall complete signature and ratification of IAEA Additional Protocol within 90 days of this agreement becomes effective. Also, when DPRK demands inspection to verify the absence of nuclear weapons in ROK, ROK and U.S. shall accept it. 

(7) For the lasting security assurance of Korean Peninsula, U.S. and China shall provide a negative security assurance, promising that it shall not place, deploy or pass nuclear weapons or their means of delivery in their respective territorial land, sea and airspace of ROK and DPRK and shall initiate United Nations Security Council resolution to mandate this among five nuclear powers including the Russian Federation(Russia), United Kingdom of Great Britain and Northern Ireland(UK), and French Republic(France).

(8) DPRK clarified that it has the principal right for the peaceful use of nuclear energy and other parties expressed respect to this. At the same time, DPRK shall actively seek to prepare an alternative to resolve an energy issue without depending on nuclear energy. Other parties shall actively cooperate on this.  

(9) ROK and DPRK shall comply with the Joint Declaration of the Denuclearization of the Korean Peninsula.

(10) The four parties agreed that participation and cooperation of other participants in the Six-Party Talk is critical to realize the complete denuclearization of the Korean Peninsula and shall endeavor to resume and regularize the Six-Party Talks. In the Six-Party Talks, a way to extend a denuclearization on the Korean Peninsula to a Nuclear Weapon Free Zone(NWFZ) of North-East Asia shall be discussed. 

 

Article V. Disband of Organization Regarding an Armistice Agreement and New Construction of Peace Management Organization

 

The four parties decided as below, evaluating Military Armistice Commission and Neutral Nations Supervisory Commission(NNSC) installed by the Korean War Armistice Agreement and United Nation Command(UNC) by United Nation Security Council(UNSC) Resolution has played their own role, managing to stably maintain an Armistice Agreement.

(1) Military Armistice Commission and NNSC take steps to disband within 90 days after this agreement becomes effective.

(2) For management and observation of compliance to this agreement, conflict prevention and dispute mediation, Korean Peninsula Peace Management Commission shall be installed within 90 days of this agreement taking effect. The Commission consists of five co-committee chairpersons and five co-committee chairpersons are composed of figures recommended by representatives of four parties and Secretary-General of the United Nation. Specific composition and roles of the commission follows to a separate agreement. 

(3) Including a Rear Command in Japan, UNC shall disband within 90 days of this agreement becomes effective. For this, four parties agreed to promote a demand of UNC’s summons and resolution. 

 

Article VI. Confirmation of Boundary Line and Establishment of Peace Zone

The boundary line is a designation based on special relations between ROK and DPRK that each of which is an independent sovereign state and yet pursuing reunification. 

(1) The land boundary line shall follow conditions from the Military Armistice Commission. 

(2) The maritime boundary line shall follow the Northern Limit Line(NLL) on the East Sea, and boundary line on the West Sea shall follow the agreement between ROK and DPRK. Following the spirit of Panmunjom Declaration, ROK and DPRK shall respect NLL until the boundary line on the West Sea is confirmed. 

(3) The airspace boundary line shall be set as the airspace of the land and maritime boundary line. 

(4) ROK and DPRK repeatedly affirmed the Panmunjom Declaration to “transform the demilitarized zone into a peace zone in a genuine sense” and U.S. and China promised their support and cooperation to this idea.

(5) The boundary line set as a standard, 20 kilometers away from the line to each side shall be designated as a No-Fly Zone(NFL) to any form of military aircrafts. Exception rules regarding this shall be discussed in Korean Peninsula Peace Management Commission. 

(6) Opening and usage of the Han River Estuary shall comply with agreement between the ROK and DPRK. 

 

Article VII. Establishment of Military Trust and Disarmament

The four parties agreed as following, emphasizing that the establishment of military trust and disarmament on the Korean Peninsula, which has the world’s highest military concentration, is a critical element for the construction of a robust and lasting peace regime. 

(1) The four parties affirmed that an announcement of cancellation of the U.S. and ROK military exercise on June 20th largely contributed to the establishment of trust on the Korean Peninsula. 

(2) ROK and U.S. confirmed that the declaration of suspension of the joint military exercise is effective in a process of the negotiation for the ultimate resolution of Korean Peninsula issues. 

(3) DPRK and China affirmed that they have no intention to exercise a joint military practice.

(4) The size and characteristic of military exercise shall be discussed and settled in ROK-DPRK-U.S. Trilateral Military Commission.

(5) ROK and U.S. promised that they have no intention to deploy or introduce any form of strategic assets on the Korean Peninsula. The ROK-DPRK-U.S. Military Commission will decide a list of strategic assets.  

(6) ROK and DPRK agreed to promptly and practically implement an agreement on “Stepwise Disarmament.” The subject and size of disarmament shall be agreed upon by ROK and DPRK and the U.S. and China shall respect this. 

(7) The four parties share an awareness that U.S. troops stationed in ROK is in accordance with Mutual Defense Treaty Between the Republic of Korea and the United States. Yet, ROK and U.S. admit that United States Forces Korea(USFK) reduction is necessary to achieve stable peace regime and denuclearization on the Korean Peninsula. 

(8) ROK, DPRK and U.S., of which troops stationed in Korean Peninsula, shall establish Trilateral Military Commission within 30 days. A role and constitution of ROK-DPRK-U.S. Military Commission shall be dealt within a separate subsidiary agreement.

(9) ROK and DPRK shall join Mine Ban Treaty within 90 days. U.S. shall cooperate in the removal of mines buried in the Korean Peninsula.

(10) DPRK shall join the Chemical Weapons Convention(CWC) within 180 days. 

 

Article VIII. Processing of Post-War Issues and Memorial

(1) The four parties shall actively commit to deal with humanitarian issues related to prisoners of war(POW), people who were missing in action(MIA), and those killed in the midst of the war. U.S. expressed appreciation to DPRK’s effort for repatriation of US POW/MIA remains by virtue of Article 4 of 2018 U.S.-DPRK Joint Declaration, ‘the United States and the DPRK are committed to recovering POW/MIA remains, including the immediate repatriation of those already identified.’ The four parties decided shall increase and broaden cooperation for recovery and repatriation of the remains.

(2) The four parties decided to build a World Peace Park in the demilitarized zone (DMZ) to wildly publish a tragedy of war and preciousness of peace to the world and the later generations. 

 

* This essay is the third essay written for the 2018 Peace Report Project of the Civil Peace Forum, under the sponsorship of Friedrich-Ebert-Stiftung Korea Office. 

Korean Version >>