북한의 입법체계 및 법제정비에 관한 연구

Abstract

Potential economic transition countries such as North Korea need a case study of the success or trial and error of the transition from a planned economy to a market economy, in the economic sector only, while the political regime remains intact. However, since the socialist dictatorship or hereditary system has limitations in democratic decision-making, there is bound to be a limit in exchange cooperation between South Korea and North Korea at the decisive moment. Therefore, it is necessary to promote exchange and cooperation between South Korea and North Korea based on ‘laws’ such as legal stability, predictability, transparency, and judicial dispute resolution procedures. Previous studies of transition economies have focused on central and eastern European countries, which have simultaneously transformed politics and economy because of the important event of the end of the Cold War, the collapse of the Soviet Union. For this reason, it is different from North Korea’s pursuit of economic system. In this regard, the transition of China and Vietnam's economic system has many implications for North Korea. As China and Vietnam succeeded in economic growth, the ‘gradual’ reforms led by the party-state attracted attention from the international community. In addition, domestic research has expressed high interest in whether the Chinese model can be applied to the North Korean system or whether North Korea will accept the Chinese model. In the case of China and Vietnam, the background for promoting economic system change is the same for North Korea, and North Korea’s ‘our economic management method’ or legislative reform is similar to that of China and Vietnam. In April 2018, North Korea declared the completion of the historic mission of the Nuclear and Economic Translation Line, and decided to implement the Economic Construction Center Line, which proceeds with socialist economic construction by concentrating all the capacities of the party and the nation. At the same time, the 2018 New Year's announcement that it will actively improve international relations also indicates that North Korea is making various efforts to transform its economic system. On the other hand, there are some arguments that strong UN sanctions on North Korea have led to the North’s economy adapting to it and improving its durability. In 2018 alone, there were about 1.2 million Chinese visitors to North Korea. North Korea-US summit may not be able to narrow the disagreement, but stalled, and the possibility of North Korea’s transition to the economic system is slower than expected. However, reunification of the Korean peninsula can be far-flung if North Korea ‘transforms its economic system only’ through a single transformation through Chinese economic reform. Therefore, the change in the North Korean system should be carried out at the same time (dual change) by the ‘transition of political system’ and the ‘conversion of the economic system’ following the introduction of the market economy system. In addition, North Korea’s transition may require external support as its internal capacity may be limited. In this case, South-North exchange cooperation will also be implemented more effectively in the pure sector dealing with the basic contents, rather than in the sensitive areas, and if the exchange cooperation between South Korea and North Korea is gradually progressed in detail, the support will be more effective.