북한헌법의 개정에 따른 권력구조의 변화와 특징

Abstract

South and North Korea where is the only divided nation in the world possess each constitution under different ideologies and systems. South and North Korea is pitted by differing in a base of their own continuation of a system and justification. North Korean Constitution was enacted in September 8 1948, and then revised 11 times to the revision in April 13 2012. North Korean Constitution is ‘A National Fundamental Law’ as “a law to regulate national-social system, basic human rights and obligations of a citizen, and social relations related to organization and realization of national sovereignty”. Each constitution of South and North Korea belongs to different ideologies, so purposes each constitution aims for and power of rule are different, so comparing and examining these constitutions superficially may have no great import. However, analyzing and expecting a system of North Korean Constitution help set up the way to go by building an image of the future of unified nation. Study and preparation in all its bearings such as politics, society, and culture should be considered in a process to prepare the reunification that will be the biggest challenge of the Korean race in the 21st century, but a problem of legal and institutional organization offering foundation and basis of these activities should never be neglected. Conflict expected in the unified nation is the acute opposition as a maintenance of vested rights of the existing political powers. Therefore, a power structure of the unified nation should solve concern about political alienation by unilateral monopoly of personal and material distribution under the principle ‘unification by agreement’. Above all things, a power structure of the unified nation should combine a political conflict of South and North Korea. Our unification can be finally achieved under the single constitution system, so differences of South and North Korean constitution system should be overcome. Therefore, it is necessary to widen the understanding of the constitution systems between two through comparison of South and North Korean constitution system to combine these constitutions. This thesis is a fruit reflecting politics, economy, and society of North Korea. In addition, it is not ignored that Constitution has accepted the results of social changes, and especially, has been revised as security for the race to succeed and completion of the dictatorship on political authority. Therefore, an analysis on a power structure of North Korean has the actual meaning because this analysis provides the beginning to expect the direction of Jong-un Kim’s system in the future, based on the revision of North Korean Constitution.