북한 체제의 변칙성에 관한 분석적 평가-중국.북한의 헌법 비교-

Abstract

The uniqueness of the North Korean system lies in its anomalies. North Korea's party-state system deviates from the operating principles of a socialist system. In this paper, we will first examine how the anomalies of the North Korean system are possible, and then uncover the real reasons why North Korea's bizarre political system has been able to survive for more than 70 years. An important objective of this study is to propose a more pragmatic North Korea policy - a two-track of hardline security and moderate reunification - based on an objective understanding of North Korea as a whole. The two pillars of the socialist system are the Constitution and the Party Congress. However, unlike China, North Korea did not hold a single party congress during Kim Jong-il's rule, while constitutional amendments were relatively frequent. This study analyzes this anomaly by focusing on the constitution, the official record of the socialist system, to understand the relationship between the process of regime change and regime maintenance. Although the dissolution of the Soviet Union in 1991 opened up the long-sealed documents of the regime, there is still a lack of data to properly understand the North Korean system as a whole. In addition, the constitutional revision process of the socialist system has been subject to many alterations and falsifications. However, the official archives also have the objectivity of documenting the process of regime change, power transfers, and important events and changes in regime maintenance. North Korea's “anomalous” regime is characterized by the Kim family's private domination of the country, with the goal of establishing a system of absolute power and sole rule. The state and the people of North Korea are being used to fulfill the Kim family's hereditary dictatorship. The sole purpose of the country's existence is the private rule of the Kim family. This characteristic of the North Korean system has been characterized as “anomalous. Furthermore, Kim Il Sung created a framework of one-man absolute power at the Fourth Party Congress in 1961, enacted North Korea's first socialist constitution in 1972, and institutionalized the wealthy family succession, and then announced Kim Jong Il as his official successor at the Sixth Party Congress in 1980. These two events are the most iconic examples of North Korea's anomalies. Since then, the North Korean system has solidified the monopoly of the ruling Kim Jong-un and the anomalies of the 'absolute power of the ruling Kim Jong-un' system. North Korea's systemic anomalies should be understood first in order to envision North Korean policy. This study examines North Korea's two-track policy: hardline measures in terms of security and moderate measures in terms of reunification. In terms of security, North Korea's provocations and threats should be met with a strong response. However, reunification should be based on a peaceful approach that can attract public consensus and bipartisan cooperation from the political sphere. Based on this premise, the policy can only be effective if we focus on economic support and continuous expansion of exchanges at the private sector level.