Agreement on the Implementation of the Historic Panmunjom
Declaration in the Military Domain: Truths and Misconceptions
October 11, 2018
Dr. Chung Kyung-young
Adjunct Professor, Hanyang University
chungky@sejong.org
The
controversy surrounding the Annex of the September 19 Pyongyang Joint
Declaration, the Agreement on the Implementation of the Historic Panmunjom
Declaration in the Military Domain (hereafter, September 19 Inter-Korean
Military Agreement), has been escalating. Despite the agreement having
significance in building military trust and preventing accidental military
clashes between the two Koreas, it sparked several criticisms regarding the
terms: some opines that the buffer zone in the West Sea as South Korea’s
abandonment of the Northern Limit Line (NLL); and the designation of No Fly
Zone for all aircraft, cessation of all live-fire drills and field training
exercises within the demilitarized zone (DMZ), and withdrawal of guard posts
(GP) within the DMZ have caused fatal risks to the defense of the Seoul
metropolitan area. Also, the critics argue that the ‘Inter-Korean Joint
Military Committee’ consulting matters such as blockade, interdiction, and
military build-up are a violation of the UN sanctions against North Korea and
North Korea is now capable of interfering in South Korea’s military
enhancement.
This
paper assesses the key details of the September 19 Inter-Korean Military
Agreement and its implications. It also corrects the misconceptions related to the
military agreement based on facts and articulates the policy recommendations
regarding the execution of the agreement.
Assessment
of the Key Details of the September 19 Inter-Korean Military Agreement
1. Key
Details
The
September 19 Inter-Korean Military Agreement is a culmination of two
general-level talks, eight document exchanges, and three military talks
including one that spanned 17 hours, and 52 times of consultation with the
United Nations Command throughout the whole process.
In the
first article, South and North Korea agreed to completely cease all hostile
acts against each other, including to cease all live-fire artillery drills and
field exercise training exercises within the 5km off of the DMZ, to designate
No Fly Zone, and to take a common five-step procedure to prevent any accidental
military clash.
In
Article 2, the two Koreas agreed to devise military measures to transform the
DMZ into a peace zone. To this end, they decided to withdraw all GPs within the
DMZ, demilitarize the Joint Security Area (JSA), continue consultations on
military assurance measures related to joint survey and excavation of
historical remains within the DMZ. Article 3 stipulates the transformation of
the area surrounding the NLL in the West Sea to a maritime peace zone along
with assurances for safe fishing activities — avoiding accidental military clashes
and acts of hostility and seeking measures to designate a pilot joint fishing
zone and joint patrol.
Article 4
touches on the military assurances measures to invigorate exchanges,
cooperation, contacts, and visits — discussing the shared use of Han River
Estuary and use of Haeju Passage and Jeju Straits. Finally, Article 5 states
that the two Koreas will install and operate direct communication lines between
military officials, composing and operating the ‘Inter-Korean Joint Military
Committee’ for mutual military confidence-building — to consult sensitive
military issues such as arms reduction, delimitation of the maritime peace zone
and joint fishing area.
2. Assessment
of the Agreement
Should the two Koreas observe the terms of the September 19
Pyongyang Joint Declaration and the Military Agreement, it will lay the
foundation toward a Korean Peninsula free from nuclear weapons and threats and
war through defusing military tensions and building confidence between the two
countries. The September 19 Inter-Korean Military Agreement especially
provides crucial grounds to drive the denuclearization of the Korean Peninsula.
The negotiations on denuclearization cannot take a step further when accidental
military conflict or acts of hostility occur between the two Koreas in the
process of negotiations.
Moreover,
Seoul and Pyongyang reached a hands-on military measure to comply with the
purpose of the armistice agreement, completely demilitarizing the DMZ for the
first time since the armistice agreement was signed 65 years ago — in
accordance with the nomenclature. It also adds the meaning by transforming the
West Sea area, a potential flashpoint, into a maritime peace zone free of acts
of hostility and accidental use of force.
The
Arrowhead Hill, located within the DMZ and Chorwon-gun, was a fierce
battleground between South Korean, U.S., and French forces and North Korean and
Chinese forces during the Korean War. The joint search and recovery of remains
will enable reconciliation and remedy of scars between the two Koreas by
sensing the brutality of war. The joint excavation project of Taebong
historical remains will contribute to restoring national homogeneity.
Additionally,
several terms are also notable, serving mutual interests of the two Koreas: devising
joint patrol measures to ensure safe fishing activities and to deny fishing
activities of third parties in the maritime peace zone and pilot joint fishing
zone; seeking military guarantee measures to connect and modernize
eastern/western railways and roads, to ensure freedom of navigation of private
vessels, and to share use of Han River Estuary including extraction of sands.
In sum, the September 19 Inter-Korean Military Agreement has
crucial connotations attached in realizing the future security strategy for a
Korean Peninsula free of nuclear threats and armed conflicts.
Truths
and Misconceptions of the Agreement
1. Is the
Agreement on Maritime Peace Zone in the West Sea Renouncing the Legitimacy of
the NLL?
Simply
put, the maritime peace zone in the West Sea has been demarcated to prevent
acts of hostility and inadvertent military clashes in the West Sea, especially the
waters surrounding the five islands in the West Sea, which has been a tinderbox
of inter-Korean naval conflict, under the premise of adhering to the NLL —not
renouncing the NLL.
Some argue
that South Korea conceded more territorial waters to North Korea by delimiting
the maritime peace zone — a total of 135km, 50km from the NLL location north of
Baekryeongdo to Chodo to the North and the 85km to Deokjeokdo to the South. This
argument overlooks the fact that the peace zone encompasses the land area, not
just the territorial waters. As