2020, Vol., No.86

DONG-A LAW REVIEW 2023 KCI Impact Factor : 0.65

pISSN : 1225-3405 / eISSN : 2713-5470
https://journal.kci.go.kr/dongalaw

The purpose of this study is to analyze the characteristics of the North Korean Constitution and the fundamental rights provisions established through the Constitution in order to understand the state system of North Korea. At the same time, I tried to identify the cause of the difference between the constitutional system of South and North Korea and provide a clue for narrowing the gap between them. The Constitution of North Korea is the core weapon of the socialist revolution and the highest norm within the legal system. And under the command of the supreme leader and the labor party, it presents the direction of the people’s rights and obligations, the state institutions’ role, and the lower legal norms. In addition, the fundamental rights of North Korean citizens are realized by the principle of collectivism, and are not claims about the state, but realized through the state. And at the same time these rights have an attribute as citizen's duty. These characteristics of North Korea's constitution and fundamental rights come from differences in perceptions of the relationship between politics and law and the relationship between individuals and groups. In order to promote cooperation between the North and South and to establish a permanent peace system, the attempt to understand their perspective, rather than the unilateral assessment about North Korea, must continue in multiple dimensions and ways.

The purpose of this study is to examine the discussion surrounding the need for revision of the employment restriction regulations of child-related institutions under the Child Welfare Act and how the revision was made. To this end, a review was conducted on the unconstitutionality of the employment restriction regulations of child-related institutions under the Child Welfare Act. It also looked at the opinions of lawyers and the judgment of the relevant authorities on whether the punishment under the Criminal Act could be seen as a violation of the employment restriction rules of child-related institutions under the Child Welfare Act. The revision of the regulations on restricting employment of childrelated institutions under the Child Welfare Act is a case of simultaneous changes in the working-level interpretation of the regulations, the Korean Federation of Teachers’ Associations’ revision of the law, the National Assembly’s motion to revise the regulations, and the Constitutional Court’s ruling on the unconstitutionality of the regulations. While the unconstitutionality of restrictions on employment by childrelated institutions under the Child Welfare Act has been resolved, the negative impact on educational activities remains. Accordingly, the government proposed finding improvement points as a future research project.

The contract should be kept. But the parties can terminate the contractual relationship by agreement under the principle of private autonomy. The Supreme Court clearly declares that such an agreement can be established in an implied manner. According to multiple the Supreme Court rulings, The following could be the reasonable standard for interpretation of intention or legal act on termination of the contractual relationship by implied agreement ; ① Whether to be commencement of contract execution or not and Whether to be long-term contract neglect or not, ② Whether to be contradiction with maintaining contract effectiveness or not and Whether to be parties' behavior against the contract or not, ③ Whether to be agreement on additional terms and conditions accompanying liquidation of contract or not, ④ Comprehensive consideration of various circumstances after contract concluded.