2012~2022년 남북한 해양산업법제 변화 비교연구

Abstract

This study compared the marine industry legal system in North and South Korea, the direction of revision according to Korea's marine industry classification system, and drew a conclusion on the direction in which North Korea's marine industry legislation should move. The differences between North and South Korea were examined in terms of the procedural aspects of institutionalizing their maritime policies. S･Korea will comprehensively establish a basic plan for maritime and fisheries development under the leadership of the Ministry of Oceans and Fisheries, and laws in individual sectors such as ports, shipping, and fisheries will be revised, becoming undifferentiated and gaining detailed normative power. On the other hand, North Korea's maritime industry legislation was influenced by the leader, the Workers' Party, accession to international conventions, and international organizations, leading to policy agendas and systems being formed and revised. Compared to South Korea, North Korea's shipping-related laws are well structured, but other laws are not subdivided. This is due to the difference in the principles of the domestic economic system based on self-reliance and the legislative system. Looking at the content of North and South Korea's maritime industry legislation, the fundamental purpose of the maritime industry legislation is different because the principles of the economic systems of both sides are different. In North Korea, the fundamental purpose of the law is to increase production through central planning and control. On the other hand, in Korea, the purpose of the law is to increase profits and efficiency according to capitalism. Despite these differences, the direction of revision of the maritime industry laws of North and South Korea was in line with the international community, and there was a commonality in strengthening safety regulations in the marine economy and protecting the environment and ecology. Due to the nature of the sea as a space for symbiotic cooperation, North Korea must deeply empathize with this and actively participate in building an international system (laws and regulations).