북한의 '사회주의 법치국가 건설론'과 법제정비 동향

Abstract

Although North Korea has serious economic difficulties and severe conflict with the United States over nuclear and other issues, Kim Jong-il has built a relatively stable power base for ruling North Korea. North Korea had registered a negative economic growth for nine consecutive years during the 1990s due to the accumulated contradictions in its socialist planned economy and the collapse of the socialist economic bloc. As a result, it has suffered serious economic difficulties, including shortage of food, energy, raw materials, and foreign reserve. The purpose of this paper is to analyze 'the theory of socialistic legal state construction' and 'social judiciary life' in North Korea, to review legislation trend in the light of publishment of code for North Korean people, and prospect the legislation base on constitutional government in North Korea. Maintenance and contents of North Korean legislation is evaluated to protect the stable power of Kim Jong-il regime and overcome serious economic difficulties. North Korea was amended the socialistic constitution 2009 which is strengthen the power of the chairman of military defence committee (Kim Jong-il) to guarantee power succession. And the criminal law's addenda(supplementary provision) 2007 and amendment of criminal code 2009 which is established with one of the normative control for the strengthen of Kim Jong-il's regime in North Korea. The reinforcement of punishment actually about the 'general crime' which provided the 2007 addenda of North Korean criminal law and amended criminal code 2009 are accomplishing the important axis which the normative control for the maintenance of Kim Jong-il's regime. It should be consider seriously that laws relating economic reform to recover domestic economic crisis, to develop foreigner investment as like the law of Rajin-sunbong economic trade zone, the law of real-state registration, etc.. North Korean authority assert the theory of socialistic legal state construction and social judiciary life as the theoretical foundation of the maintenance of the establishment and amendment of laws for the reinforcement and economic improvement in Kim Jong-il's regime. In the time when is evaluated that legislative maintenance become very active, North Korean laws requests an analysis and evaluation. It is very important that a legal theory like the socialistic legal state construction and legislative maintenance to induce the way to real constitutionalism, namely 'rule by(of) law' in North Korea.