북한 최고지도자 헌법적 지위·권한 변동에 관한 연구: 주석-국방위원장-국무위원장의 지위·권한 교차비교를 중점으로

Abstract

The North Korean constitution regulates the status and authority of the supreme leader in detail. Therefore, through reviewing the revised constitutions of North Korea, we can compare the constitutional status and authority of Kim Il Sung (President), Kim Jong Il (Chairman of the National Defense Commission), and Kim Jong Un (Chairman of the State Affairs Commission). This study comparatively analyzed the 1972 Socialist Constitution when the status of the 'President' was the highest, the 2009 revised Constitution when the status of the 'Chairman of the National Defense Commission' was the highest, and the 2019 revised Constitution(14th, 15th amendments) when the status of the 'Chairman of the State Affairs Commission' was the highest. As a result, the constitutional status and authority of ‘Chairman of the State Affairs Commission’ took precedence over ‘President’ and ‘Chairman of the National Defense Commission’. One of the representative distinctions in terms of status is the fact that the new constitution(Article 101 of the 15th amendment) regulates that the Chairman of the State Affairs Commission does not serve as representatives of the Supreme People's Assembly. ‘President’ and ‘Chairman of the National Defense Commission’ had served as representatives to the Supreme People's Assembly, although not regulated by law. In terms of constitutional authority, the distinct difference is the right to “appoint and summon diplomatic representatives stationed in other countries” (Article 104). It is an authority that neither the president nor the Chairman of the National Defense Commission had in the past. In August 2019, with the introduction of the new Constitution, this right was transferred to the Chairman of the State Affairs Commission from the Standing committee of the Supreme People's Assembly. Kim Jong Un had exercised this right to summon his uncle Kim Pyong Il, the ambassador to the Czech Republic(2019.11). It must have been an exercise of authority to prevent the leakage of power and to consolidate the monolithic leadership system. This is a good example for showing the purpose of expanding and strengthening Kim Jong Un's constitutional status and authority. The constitutional status of Kim Jong Un (Chairman of the State Affairs Commission) reached its peak in the new constitution in August 2019 and surpassed not only Kim Jong Il (Chairman of the National Defense Commission) but also Kim Il Sung (President). The preface to the Constitution states that it is “Kim Il Sung - Kim Jong Il Constitution,” but it seems safe to call it “Kim Jong Un Constitution.” This upgrade of Kim Jong Un's constitutional status and authority in 2019 fully predicted the change (rise) of Kim Jong Un's party status at the 8th Party Congress held in January this year.