북한의 입법이론과 체계 분석

Abstract

There is a need to pay attention to the North Korean legislations in the Kim Jong-un’s regime in North Korea is maintained steadily. In the process of the succession to Kim Jong-un, a revision of the highest power in Constitution to amend the status of formal constitutional norms albeit is to show the phenomenon of the match between the constitutional norm and the reality of the power system. The North Korean current statutes is noted in terms of the reflection of legal institutionalization of the state administration in North Korea. In fact, North Korea has to promote the improvement of the operating system in response to changes in internal and external environment and ensure the legitimacy of succession to monolithic command system through the constitutional institutionalization. There is one of the indicators to understand a North Korean legislations and one of the determination of North Korea to analyze the national legal system and legislative structure of North Korea. Recently, North Korea is based on the legal aspects of internal and external policy, promoted on the revision and maintenance of the relevant laws and regulations as a response of the international criticism of the violations of human rights. It need to be aware that reunification initiative of the two Koreas in the final stage will be completed by the legal integration. To do this,it is assumed to be understand and analysis on the legal system of North Korea. The understanding of the national legal system and the legislative structure which are described by North Korea refers to a prior study with greater to understand North Korean legislations overall. In this study, it is recognized the existence of the North Korean laws and regulations in a formal and real aspects, analyzed in the form and content of the North Korean legislations. While researching the national legal system and legislative structure of North Korea, it analyze to emphasize the theoretical underpinnings and practical based on the strengthen of ‘the socialist law-abiding life,’ ‘the legislative task of socialism’ and ‘the theory of the constitutional state of socialism’. Moreover, by looking at the legislative body and the legislative process and searching of the legislative structure and its characteristics of North Korea, il will be provide basic data for understanding of the North Korean legislations. The legislative body and the legislative process with regard to the relevant provisions of the Socialist Constitution of North Korea. We are noted North Korea's stance appears in the legislative process with regard to the maintenance of the Gaeseong Industrial Complex related laws. Gaeseong Industrial Complex confront new law and institutional challenges. North Korean authority also have been described the law developed in accordance with the change of current situation. North Korean legislation will continue change in response to the direction of the progressive social and economic system in the light of legal maintenance of the foreign investment, foreign economic laws and inward look at the contents in the future. If Kim Jong-un’s regime, especially a way forward of the reform and opening-up in the economic sector zoom in, the maintenance of its legislation will accelerate.