South Korea's Unification Ministry on Tuesday, 19 May pushed back against constitutional criticism of its newly released white paper, clarifying that the controversial 'two-state' language is an implementation strategy for peaceful coexistence on the Korean Peninsula — not a legal recognition of North Korea as a sovereign state.

What the Ministry Said

In a formal statement, the ministry described the concept as 'an implementation strategy to achieve the goal of the policy of peaceful coexistence on the Korean Peninsula — institutionalisation of peaceful coexistence between South and North Korea.' Officials stressed that the ministry, as the principal government body overseeing inter-Korean policy, is mandated to devise such strategies.

The statement came hours after a ministry official told reporters that the two-state concept had been shared by Unification Minister Chung Dong-young on prior occasions, while adding that it reflected the ministry's own policy vision and was not necessarily representative of the entire government's stance.

Key Distinctions in the White Paper

The ministry was careful to draw a line between de facto and legal recognition. 'The peaceful two-state concept refers to the two states that have simultaneously joined the United Nations under international law, and the two states under a Korean commonwealth of the National Community Unification Formula,' the statement said. 'It does not mean recognising North Korea as a legal state.'

The National Community Unification Formula, unveiled by South Korea in 1994, is a three-stage vision calling for reconciliation and cooperation, the creation of a Korean commonwealth, and eventual full unification.

What the White Paper Outlines

Released on Monday, 18 May, the white paper articulates the Lee Jae Myung government's North Korea policy around three core principles: Seoul respects North Korea's system, does not pursue unification by absorption, and will not engage in hostile activities. It acknowledges 'the reality that South and North Korea effectively exist as two states' while still aiming for eventual unification.

The paper also calls for transforming Pyongyang's 'hostile two-state policy' into a 'peaceful two-state' relationship oriented toward unification — a formulation that critics argue risks legitimising North Korea as a separate sovereign state.

The Constitutional Question

Article 3 of South Korea's Constitution stipulates that the territory of the Republic of Korea consists of the Korean Peninsula and its adjacent islands — a provision that legally precludes recognition of North Korea as a separate state. Critics contend the white paper's language, however nuanced, edges uncomfortably close to that boundary.

On concerns that such a sensitive formulation was included without adequate public debate, a ministry official acknowledged the gap and said the ministry would continue to solicit a wide range of opinions going forward.

Broader Context

This is not the first time inter-Korean policy language has triggered constitutional debate in Seoul. The tension between pragmatic engagement and the Constitution's territorial clause has long complicated South Korean governments' efforts to frame a workable coexistence policy. The Lee administration's framing represents one of the more explicit articulations of a two-state reality in recent official documents, making the political and legal scrutiny it now faces particularly significant.