Research Report
A Study on the Legislation Act of North Korea
Ⅰ. Background and purpose
▶ Background
○ Inter-Korean exchange and cooperation can be effective only when properly implemented based on an accurate understanding of the North Korean legal system based on the legal system of South and North Korea.
○ In order to accurately understand the North Korean legislative system, which is the premise of establishing a foundation for new changes in inter-Korean relations through inter-Korean exchange and cooperation and establishing a foundation for legislative integration through inter-Korean exchange of laws, research on the legislation law must be preceded in order to predict the future direction of legislation.
▶ Purpose
○ In this research, as a pre-conditional basic study for future developmental changes in inter-Korean relations and revitalization of inter-Korean exchange and cooperation, the historical and theoretical background and main contents and characteristics of the legislation law will be analyzed, and changes in North Korean legislative trends and evaluation at home and abroad will be examined.
Ⅱ. Major content
▶ Legislative Background of the Legislation Law and North Korea's Normative System
○ Looking at North Korea's legal history, the legislation law was enacted through a total of eight stages, and in the late 2000s, North Korea compiled and published its code of laws as a survival strategy in response to changes in the international situation. In addition, as part of the socialist legislative project, legislative measures such as the enactment and revision of laws were implemented in North Korea, and the legislation law is a representative example of such legislative measures.
○ The legislation law was enacted based on the socialist legal theory, and the law in North Korea means socialist law. It introduced the principle of socialist legitimacy, one of the socialist legal theories, and the socialist legal life theory as the ideological basis for this principle.
○ As the first step for the practice of this socialist legal life, a large-scale reorganization of laws inappropriate for the Juche (self-reliance) idea, that is, the socialist legislation project, was strengthened. As one of the legislative measures, the legislation law was enacted in 2012.
○ In this research, as a basic work for a full-scale analysis of the main contents of the legislation law, North Korea's unique normative system was examined. As a result, while formally regulating matters concerning legislative power in North Korea's Constitution and the legislation law, in reality, it was found that Kim Il-sung's teachings and Kim Jong-il's teachings, according to the sole leadership principle of the leader, the codes and rules of the Workers' Party of Korea, etc. are acted as a higher standard for the Constitution and other laws.
▶ Main Contents and Features of the Legislation Law
○ the legislation law consists of a total of 8 chapters and 76 articles: Chapter 1 is the basics of the legislation law; Chapter 2, the legislative power of the Supreme People's Assembly and its Standing Committee and the legislative process; Chapter 3, the enactment of legislation by the Cabinet; Chapter 4, the Cabinet Committee and provincial legislation; Chapter 5, Provincial People's Assembly and its People's Committees; Chapter 6, registration and effect of Laws; Chapter 7, legislation and systematization; and Chapter 8 provides for each legal liability for violations of the legislation law.
○ The legislative laws of China enacted on March 5, 2000 include the General Provisions (Chapter 1), Acts (Chapter 2), Administrative Regulations (Chapter 3), Local Provincial Laws, Autonomy Ordinances, and Single Ordinances and Regulations (Chapter 4), and the Application and Registration Review (Chapter 5). North Korea's legislation law and China's legislation have some differences in legislative bodies, legislative procedures, effects and registrations, but are composed of very similar systems and contents.
○ Comparing with the South Korean legal system, there are significant differences in the promulgation of laws, the hierarchical system, and the enactment/revision procedures, and most of these differences are attributed to the fact that whether it is a democratic country or a socialist country.
▶ Assessment of the Legislation Law and Future Issues
○ The basic matters of the legislation law stipulated in the legislation law, standards for drafting laws, general provisions, supplementary provisions, and addenda provisions are generally well reflected in the enactment and revision of laws after the legislation law. Also, it is evaluated that the legislation law is performing positive functions within North Korea, such as consolidating the effect of the law, distributing the legislative and legislative powers appropriately, ensuring the uniformity of legal norms, and promoting the legislative project in accordance with the law.
○ In Korea, the legislation law is evaluated positively, mainly in terms of improving understanding of North Korea's legal system and contents, contributing to the integration of inter-Korean legislation and reforming legislation, and predicting future legislative trends.
○ Looking at the future legislative trends in North Korea, the revision of subordinate legal norms of sectoral laws is being actively pursued, and iis expected that laws related to trade, foreign investment, and especially special economic zone laws, such as the Economic Development Zone Law, will increase rapidly, and tax-related laws will also be continuously expanded and revised.
○ This reserch pointed out that it is necessary to promote inter-Korean exchange and cooperation in consideration of such changes in North Korea's legislative trends. As a legislative task to be presented in the process of inter-Korean exchange and cooperation, we also suggested the need to improve the order of effect of the normative system, the promulgation of legal norms, and supplementary provisions.
Ⅲ. Expected Effects
▶ Provision of Basic Data for Legislative Research
○ This research aims to provide a systematic understanding of the overall North Korean legal system, including the North Korean Constitution and the legislation law, and to provide basic data for legislative research on inter-Korean exchange and cooperation in the future.
▶ Contribution to the Establishment and Promotion of Policies Related to Inter-Korean Exchange and Cooperation
○ The research on North Korea’s legislation law will contribute to the establishment and promotion of policies related to inter-Korean exchange and cooperation to respond to changes in the situation, such as improving inter-Korean relations and facilitating mutual exchanges in the future.