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A Study on the Characteristics of Fundamental Rights provisions in the North Korea’s constitution and their changes

  • DONG-A LAW REVIEW
  • 2020, (86), pp.1-37
  • DOI : 10.31839/DALR.2020.02.86.1
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law
  • Received : January 31, 2020
  • Accepted : February 21, 2020
  • Published : February 28, 2020

Lee SeungTaek 1

1상명대학교

Accredited

ABSTRACT

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.

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