Review on the Form and System of North Korean Law
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The Unification Law is a legal system related to the unification of the North and South Korea, and further, the institutional unification can at last be completed through legal integration. A systematic understanding of North Korean law is essential for effective prosecution of inter-Korean exchange and cooperation. It is the basis for interpretation and application of laws and systems of the two Koreas in the process of achieving peaceful reunification. The North Korean law is based on socialist law theory, but its contents are changed according to the Juche theory of law and the perspective of the revolutionary leader. North Korea maintains the system of the written law, and the Constitution is known to have the highest authority. There are important sector laws and general sectors law under the peak of constitution, and regulations, bylaws, and rules are systemized below. The North Korean Constitution stipulates decrees and decisions that can be adopted by the Supreme People’s Assembly. The decrees, decisions, and directives refer to the way in which laws such as sectoral laws or regulations are adopted, not the forms of laws themselves. On the other hand, the North Korean Constitution recognizes treaties as international law, and distinguishes between general and important treaties. In North Korea, common law and case law are not recognized as legal sources according to socialist law theory. However, the directive of the Central Court may serve as a guideline for judicial proceedings in practice.
Abstract
The Unification Law is a legal system related to the unification of the North and South Korea, and further, the institutional unification can at last be completed through legal integration. A systematic understanding of North Korean law is essential for effective prosecution of inter-Korean exchange and cooperation. It is the basis for interpretation and application of laws and systems of the two Koreas in the process of achieving peaceful reunification. The North Korean law is based on socialist law theory, but its contents are changed according to the Juche theory of law and the perspective of the revolutionary leader. North Korea maintains the system of the written law, and the Constitution is known to have the highest authority. There are important sector laws and general sectors law under the peak of constitution, and regulations, bylaws, and rules are systemized below. The North Korean Constitution stipulates decrees and decisions that can be adopted by the Supreme People’s Assembly. The decrees, decisions, and directives refer to the way in which laws such as sectoral laws or regulations are adopted, not the forms of laws themselves. On the other hand, the North Korean Constitution recognizes treaties as international law, and distinguishes between general and important treaties. In North Korea, common law and case law are not recognized as legal sources according to socialist law theory. However, the directive of the Central Court may serve as a guideline for judicial proceedings in practice.
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